Federal Register: November 1, 2007 (Volume 72, Number 211)
DOCID: fr01no07-20 FR Doc E7-21540
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
CFR Citation: 44 CFR Part 67
Docket ID: [ Docket No. FEMA-B-7742 & FEMA-D-7828]
NOTICE: PROPOSED RULES
DOCID: fr01no07-20
ACTION: Flood elevation determinations:
DOCUMENT ACTION: Proposed rule.
SUBJECT CATEGORY:
Proposed Flood Elevation Determinations
DATES: Comments are to be submitted on or before January 30, 2008.
DOCUMENT SUMMARY:
Comments are requested on the proposed Base (1 percent annual- chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed in the table below. The purpose of this notice is to seek general information and comment regarding the proposed regulatory flood elevations for the reach described by the downstream and upstream locations in the table below. The BFEs and modified BFEs are a part of the floodplain management measures that the community is required either to adopt or show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). In addition, these elevations, once finalized, will be used by insurance agents, and others to calculate appropriate flood insurance premium rates for new buildings and the contents in those buildings.
SUMMARY:
Various States,
SUPPLEMENTAL INFORMATION
The Federal Emergency Management Agency (FEMA) proposes to make determinations of BFEs and modified BFEs for each community listed below, in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR 67.4(a).
These proposed BFEs and modified BFEs, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own, or pursuant to policies established by other Federal, State, or regional entities. These proposed elevations are used to meet the floodplain management requirements of the NFIP and are also used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in these buildings.
Comments on any aspect of the Flood Insurance Study and FIRM, other than the proposed BFEs, will be considered. A letter acknowledging receipt of any comments will not be sent.
Administrative Procedure Act Statement. This matter is not a rulemaking governed by the Administrative Procedure Act (APA), 5 U.S.C. 553. FEMA publishes flood elevation determinations for notice and comment; however, they are governed by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and the National Flood Insurance Act of 1968, 42 U.S.C. 4001, et seq., and do not fall under the APA.
National Environmental Policy Act. This proposed rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared.
Regulatory Flexibility Act. As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601 612, a regulatory flexibility analysis is not required.
Executive Order 12866, Regulatory Planning and Review. This proposed rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866, as amended.
Executive Order 13132, Federalism. This proposed rule involves no policies that have federalism implications under Executive Order 13132.
Executive Order 12988, Civil Justice Reform. This proposed rule meets the applicable standards of Executive Order 12988.
List of Subjects in 44 CFR Part 67
Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements.
Accordingly, 44 CFR part 67 is proposed to be amended as follows: PART 67[AMENDED]
1. The authority citation for part 67 continues to read as follows: [[Page 61851]]
Authority: 42 U.S.C. 4001, et seq.; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376.
Sec. 67.4 [Amended]
2. The tables published under the authority of Sec. 67.4 are proposed to be amended as follows:
* Elevation in feet
(NGVD) + Elevation in
feet (NAVD)
Riverside County.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street SW., Washington, DC 20472. Colorado River Indian Tribe
Maps are available for inspection at the Colorado River Indian Tribal Offices, 26600 Mohave Road, Parker, Arizona.
Unincorporated Areas of Riverside County
Maps are available for inspection at the Riverside County Flood Control District Office, 1995 Market Street, Riverside, California.
San Bernardino County, California and Incorporated Areas
Colorado River...................... At the downstream None + 338 City of Needles,
corporate limits of Colorado River Indian
San Bernardino County. Tribe, Fort Mojave
Indian Tribe,
Unincorporated Areas
of San Bernardino.
At the upstream None + 485 corporate limits of
San Bernardino County.
Hooke Creek......................... At confluence with Fern None + 4,877 Unincorporated Areas of
Canyon. San Bernardino County.
Approximately 500 feet None + 5,238
upstream of Hooke Road. * National Geodetic Vertical Datum.
+ North American Vertical Datum.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street SW., Washington, DC 20472. City of Needles
Maps are available for inspection at the Needles City Hall, 817 Third Street, Needles, California. Colorado River Indian Tribe
Maps are available for inspection at the Colorado River Indian Tribal Offices, 26600 Mohave Road, Parker, Arizona.
Fort Mojave Indian Tribe
Maps are available for inspection at the Mohave Indian Tribal Offices, 500 Merriman Avenue, Needles, California. Unincorporated Areas of San Bernardino County
Maps are available for inspection at the San Bernardino County Public Works Department, 825 East Third Street, San Bernardino, California.
Monroe County, New York, and Incorporated Areas
East Branch......................... At Northbridge Road.... + 379 + 380 Town of Greece.
Larkin Creek........................ Approximately 1,440 None +456
feet upstream of St. Andrews Dam.
East Branch Red Creek............... At confluence with +525 +523 Town of Henrietta. Middle Branch Red
Creek.
Approximately 2,400 +570 +572
feet upstream of Erie Station Road.
East Branch Round Pond Creek........ At Ridgeway Road....... +474 +472 Town of Greece. [[Page 61852]]
Approximately 2,900 +511 +515
feet upstream of Long Pond Road.
East Branch Shipbuilders Creek...... At Railroad............ +321 +328 Town of Webster.
Approximately 1,800 +426 +430
feet upstream of Dirt Track.
East Branch Tributary Red Creek..... At confluence with East +529 +530 Town of Henrietta. Branch Red Creek.
Approximately 150 feet +575 +574 upstream of East
Henrietta Road.
East Stem Middle Branch Red Creek... At confluence with +525 +524 Town of Henrietta. Middle Branch Red
Creek and West Stem
Middle Branch Red
Creek.
Approximately 150 feet +579 +578 upstream of Erie
Station Road.
Irondequoit Creek Reach 1........... Approximately 387 feet None +357 Village of East
downstream of Linden Rochester, Town of
Avenue. Perinton.
Approximately 1,600 None +380 feet upstream of
Ontario Street.
Larkin Creek........................ At approximately 20 +253 +255 Town of Greece, Town of
feet upstream of Lake Ogden.
Ontario State Parkway.
Approximately 430 feet None +464 upstream of Black
Forest Drive in Town of Ogden.
Middle Branch Red Creek............. At confluence with Red +525 +523 Town of Henrietta.
Creek and East Branch Red Creek.
At confluence with East +525 +524
and West Stem Middle Branch Red Creek.
Northrup Creek...................... At Flynn Road.......... +250 +249 Town of Greece, Town of
Ogden, Town of Parma,
Village of
Spencerport.
Approximately 612 feet None +593
upstream of Wood Duck Run.
Red Creek........................... At confluence with Erie +517 +514 Town of Henrietta, City
Canal. of Rochester, Town of
Brighton.
At confluence with +525 +523
Middle and East Branch Red Creek.
Round Pond Creek Reach 1............ At Island Cottage Road. +256 +257 Town of Greece.
Approximately 4,400 +459 +461 feet downstream of
Flood Control Dam.
South Stem East Branch Tributary Red At confluence with East +554 +553 Town of Henrietta.
Creek. Branch Tributary Red Creek.
Approximately 42 feet +575 +582 upstream of East
Henrietta Road.
West Branch Red Creek............... At confluence with Red +520 +518 City of Rochester, Town
Creek. of Brighton.
At Bridge to Park Dump. +520 +519
West Stem Middle Branch Red Creek... At confluence with +525 +524 Town of Henrietta. Middle Branch Red
Creek and East Stem
Middle Branch Red
Creek.
Approximately 270 feet +560 +563 upstream of Erie
Station Road.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street SW., Washington, DC 20472.
ADDRESSES City of Rochester
Maps are available for inspection at Rochester City Hall, 30 Church Street, Rochester, NY. Town of Brighton
Maps are available for inspection at Brighton Town Hall, 2300 Elmwood Avenue, Rochester, NY. Town of Greece
Maps are available for inspection at Greece Town Hall, 1 Vince Tofany Boulevard, Greece, NY.
Town of Henrietta...............................................................................................
Maps are available for inspection at Henrietta Town Hall, 475 Calkins Road, Henrietta, NY. Town of Ogden
Maps are available for inspection at Ogden Town Hall, 269 Ogden Center Road, Spencerport, NY. Town of Parma
Maps are available for inspection at Parma Town Hall, 1300 HiltonParma Corners Road, Hilton, NY. [[Page 61853]]
Town of Perinton
Maps are available for inspection at Perinton Town Hall, 1350 Turk Hill Road, Fairport, NY. Town of Webster
Maps are available for inspection at Webster Town Hall, 1000 Ridge Road, Webster, NY. Village of East Rochester
Maps are available for inspection at East Rochester Village Hall, 120 West Commercial Street, East Rochester, NY.
Village of Spencerport
Maps are available for inspection at Spencerport Village Building Department, 269 Ogden Center Road, Spencerport, NY.
Carroll County, Virginia, and Incorporated Areas
Chestnut Creek...................... Approximately 2450 feet None +2298 Unincorporated Areas of
downstream of Carroll County. Cliffview Road.
Approximately 7500 feet None +2332
upstream of Cliffview Road.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street SW., Washington, DC 20472.
ADDRESSES
Unincorporated Areas of Carroll County
Maps are available for inspection at Building Officials Office, 6051 Pine Street, Hillsville, VA 24343.
Grayson County, Virginia, and Incorporated Areas
Chestnut Creek...................... Near Sewage Treatment None +2332 Unincorporated Areas of
Plant, just upstream Grayson County. of County Boundary.
Near Sewage Treatment None +2335
Plant, approximately
375 feet downstream of
old Railroad Bridge. * National Geodetic Vertical Datum.
+ North American Vertical Datum.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street SW., Washington, DC 20472.
ADDRESSES
Unincorporated Areas of Grayson County
Maps are available for inspection at County Administrators Office, 129 Davis Street, Independence, VA 24348.
None County, Virginia, and Incorporated Areas
Chestnut Creek...................... Just upstream of None +2308 City of Galax. Cliffview Road.
Approximately 7500 feet None +2332 .......................
upstream of Cliffview Road.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street SW., Washington, DC 20472.
ADDRESSES City of Galax
Maps are available for inspection at Galax Municipal Building, 111 East Grayson Street, Galax, VA 24333. [[Page 61854]]
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'')
Dated: October 24, 2007.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance
Program, Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. E721540 Filed 103107; 8:45 am]
BILLING CODE 911012P
FOR FURTHER INFORMATION CONTACT
William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 6463151 or (email) bill.blanton@dhs.gov.