Federal Register: January 16, 2008 (Volume 73, Number 11)

DOCID: fr16ja08-26 FR Doc E8-724

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

CFR Citation: 44 CFR Part 67

Docket ID: [Docket No. FEMA-B-7757]

NOTICE: PROPOSED RULES

DOCID: fr16ja08-26

DOCUMENT ACTION: Proposed rule.

SUBJECT CATEGORY:

Proposed Flood Elevation Determinations

DATES: Comments are to be submitted on or before April 15, 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:

Proposed Flood Elevation Determinations,

SUPPLEMENTAL INFORMATION

The Federal Emergency Management Agency [[Page 2869]]
(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:

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) Flooding source(s) Location of referenced Depth in feet above Communities affected elevation** ground Effective Modified Kenton County, Kentucky, and Incorporated Areas Banklick Creek...................... Eaton Drive bridge..... +498 +499 City of Covington, City of Erlanger, City of Fort Wright, City of Independence, Unincorporated Areas of Kenton County. 3,500 feet upstream of +649 +648 Webster Lane bridge. Bullock Pen Creek (Banklick Creek 140' upstream of CSX None +517 City of Edgewood. backwater). railroad crossing of Bullock Pen Creek.
City of Edgewood and None +517 City of Erlanger
corporate limits.
DeCoursey Creek (Licking River City of Fairview and None +504 City of Fairview. backwater). Kenton County
Unincorporated
corporate limits.
4,670 feet upstream of None +504 City of Fairview and Kenton County
Unincorporated
corporate limits.
Fowler Creek........................ Mouth at Banklick Creek +554 +562 City of Independence, Unincorporated Areas of Kenton County. Pelly Road bridge...... +710 +713 Unnamed Tributary (Backwater from 870 feet downstream of None +518 Unincorporated Areas of Licking River). CSX Railroad Bridge. Kenton County. 1,010 feet upstream of None +518 CSX Railroad.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
** 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. [[Page 2870]]
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 Covington
Maps are available for inspection at 638 Madison Avenue, Covington, KY 41011. City of Edgewood
Maps are available for inspection at 385 Dudley Road, Edgewood, KY 41017. City of Erlanger
Maps are available for inspection at 505 Commonwealth Avenue, Erlanger, KY 41018. City of Fairview
Maps are available for inspection at 303 Court Street, Covington, KY 41011. City of Fort Wright
Maps are available for inspection at 409 Kyles Lane, Fort Wright, KY 41011. City of Independence
Maps are available for inspection at 5292 Madison Pike, Independence, KY 41051. Unincorporated Areas of Kenton County Maps are available for inspection at 303 Court Street, Covington, KY 41011. Harrison County, Mississippi, and Incorporated Areas Back Bay of Biloxi/Big Lake......... Near the intersection +11 +15 City of D'Iberville, of Popps Ferry Road City of Biloxi, and Causeway Drive. Unincorporated Areas of Harrison County. Near the intersection +13 +21 of Interstate 110 and Bay Shore Drive.
Bay of Biloxi....................... Near the intersection +11 +16 City of Biloxi, City of of D'Iberville D'Iberville, Boulevard and Lamey Unincorporated Areas Bridge Road. of Harrison County. At Harrison/Jackson +16 +23 county boundary near U.S. Highway 90.
Bernard Bayou....................... Approximately 350 feet +11 +15 Unincorporated Areas of upstream of Interstate Harrison County, City 10. of Gulfport. Approximately 3,000 None +87 feet upstream of

Mennonite Road.

Tributary 3..................... At the confluence with None +23 Unincorporated Areas of Bernard Bayou. Harrison County. Approximately 5,808 None +44 feet upstream of

Orange Grove Road.

Tributary 4..................... At the confluence with None +24 Unincorporated Areas of Bernard Bayou Harrison County, City Tributary 3. of Gulfport. Approximately 1,900 None +64 feet upstream of

Lambrecht Road.

Tributary 5..................... At the confluence with None +40 Unincorporated Areas of Bernard Bayou Harrison County, City Tributary 4. of Gulfport. Approximately 850 feet None +65 upstream of Pheasant Drive.

Tributary 6..................... At the confluence with None +28 Unincorporated Areas of Bernard Bayou. Harrison County. Approximately 300 feet None +52 upstream of Orange
Grove Road.
Big Creek........................... Approximately 29,040 None +55 Unincorporated Areas of feet upstream of the Harrison County. confluence with Wolf River.
Approximately 32,208 None +58 feet upstream of the confluence with Wolf River.
Biloxi River........................ Approximately 100 feet +11 +15 City of Biloxi, City of upstream of Lorraine Gulfport, Rd. Unincorporated Areas of Harrison County. At Harrison/Stone None +104 county boundary.
Brickyard Bayou..................... Approximately 200 feet +10 +13 City of Gulfport. upstream of 8th Avenue. Approximately 250 feet None +30 upstream of Stewart
Avenue.
[[Page 2871]]
Brickyard Bayou/Bernard Bayou/Turkey Near intersection of +10 +12 City of Gulfport. Creek. 8th Avenue and Pass
Road.
Near the intersection +11 +18 of Ridge Road and
Taylor Road.
Canal No. 1......................... Approximately 2,100 +16 +18 City of Pass Christian, feet upstream of Epsy Unincorporated Areas Avenue. of Harrison County. Approximately 2,900 +17 +18 feet upstream of Epsy Ave.
Canal No. 3......................... Approximately 1,000 +14 +17 Unincorporated Areas of feet downstream of Harrison County, City Epsy Avenue. of Long Beach. Approximately 1,000 +18 +19 feet downstream of
Beatline Road.
Crow Creek.......................... Approximately 19,008 None +95 Unincorporated Areas of feet upstream of the Harrison County. confluence with Biloxi River.
Approximately 24,816 None +101 feet upstream of the confluence with Biloxi River.
Flat Branch......................... At the confluence with +11 +15 Unincorporated Areas of Bernard Bayou. Harrison County, City of Gulfport. Approximately 8,976 None +66 upstream of the
confluence with Flat Branch Tributary 2.

Tributary 1..................... Approximately 1,450 None +22 City of Gulfport. feet downstream of
Hamilton Street.
Approximately 3,900 None +58 feet upstream of

Robinson Road.

Tributary 2..................... At the confluence with None +53 City of Gulfport. Flat Branch.
Approximately 2,450 None +56 feet upstream of the confluence with Flat Branch.
Fritz Creek......................... Approximately 3,400 +11 +15 City of Gulfport. feet upstream of
Lorraine Road.
Approximately 850 feet None +56 upstream of Three

Rivers Road.

Tributary 1..................... Shallow flooding area None 2 City of Gulfport. bound by O'Neal Road to the North, Mays
Road to the South,
Crystal Weel Court to the West, and Three
Rivers Road to the
East.
Approximately 100 feet None +52 upstream of Three
Rivers Road.
Approximately 1,050 None +60 feet upstream of

O'Neal Road.

Tributary 2..................... At the confluence with None +39 City of Gulfport, Fritz Creek. Unincorporated Areas of Harrison County. Approximately 1,650 None +58 feet upstream of Three Rivers Road.
Gulf of Mexico/Mississippi Sound.... Near the intersection +12 +17 City of Biloxi, City of of Main Street and Gulfport, City of Long Water Street. Beach, City of Pass Christian, Unincorporated Areas of Harrison County. Near the intersection +18 +26 of Espy Avenue and
U.S. Highway 90.
Hickory Creek....................... Approximately 3,850 None +121 Unincorporated Areas of feet upstream of Harrison County. McHenry Road.
Approximately 7,920 None +128 feet upstream of
McHenry Road.
Hog Branch.......................... Approximately 1,800 +35 +36 Unincorporated Areas of feet upstream of the Harrison County. confluence with
Tuxachanie Creek.
Approximately 10,032 None +98 feet upstream of South Carr Bridge Road.
Howard Creek........................ Approximately 2,700 +13 +15 City of Biloxi. feet upstream of Old Highway 67.
Approximately 3,300 +15 +16 feet upstream of Old Highway 67.
Little Biloxi River................. Approximately 150 feet None +120 Unincorporated Areas of downstream of McHenry Harrison County. Road.
Approximately 6,700 None +129 feet upstream of
McHenry Road.
Mill Creek.......................... Approximately 4,900 None +104 Unincorporated Areas of feet upstream of State Harrison County. Highway 53.
Approximately 8,976 None +114 feet upstream of State Highway 53.
[[Page 2872]]
Palmer Creek........................ Approximately 3,800 None +76 Unincorporated Areas of feet upstream of Harrison County. Wortham Road.
Approximately 9,200 None +87 feet upstream of
Wortham Road.
Parker Creek........................ Approximately 430 feet +13 +15 City of Biloxi, upstream of Woolmarket Unincorporated Areas Road. of Harrison County. Approximately 9,504 None +75 feet upstream of State Highway 67.
Pole Branch......................... Approximately 270 feet None +61 Unincorporated Areas of downstream of Cable Harrison County. Bridge Road.
Approximately 3,200 None +68 feet upstream of Cable Bridge Road.
Ponding Area........................ Ponding area bound by None +21 City of Biloxi. Irish Hill Drive to
the North, West Howard Avenue to the South, Porter Avenue to the West, and Iroquois
Street to the East.
Ponding Areas....................... Near intersection of None +25 City of Biloxi. Big Lake Road and
Lejuene Drive.
Near intersection of None +29 Irish Hill Drive and Brister Place.
Sandy Creek......................... Approximately 1,200 None +72 Unincorporated Areas of feet downstream of Harrison County. Steel Bridge Road.
Approximately 2,500 None +75 feet upstream of Steel Bridge Road.
Saucier Creek....................... Approximately 1,200 None +92 Unincorporated Areas of feet upstream of State Harrison County. Highway 67.
Just downstream of None +111 Martha Redmond Road. Shallow Flooding.................... Shallow flooding None 1 City of Pass Christian. bounded by West 2nd
Street to the North, Scenic Drive to the
South, Leovy Avenue to the West, and Paul
Dunbar Avenue to the East.
St. Louis Bay/Wolf River/Canal No. 1/ Near the intersection +12 +17 Unincorporated Areas of Canal No. 3. of Red Creek Road and Harrison County, City Menge Avenue. of Pass Christian. At Harrison/Hancock +16 +26 county boundary south of Interstate 10.
Tchoutacabouffa River............... Approximately 5,400 +11 +14 City of Biloxi, feet upstream of State Unincorporated Areas Highway 15. of Harrison County. Approximately 5,000 None +75 feet upstream of the confluence with
Railroad Creek.
Tchoutacabouffa River/Biloxi River.. Near intersection of +11 +13 City of Gulfport, City Old Highway 67 and of Biloxi, City of Woolmarket Road. D'Iberville, Unincorporated Areas of Harrison County. Near the intersection +14 +19 of Pin Oak Drive and Oaklawn Road.
Turkey Creek........................ Approximately 2,250 +11 +14 City of Gulfport, feet downstream of Unincorporated Areas Airport Road. of Harrison County. Approximately 3,350 +15 +16 feet upstream of Ohio Avenue.
Tuxachanie Creek.................... Approximately 1,050 +33 +34 Unincorporated Areas of feet downstream of Harrison County. Whit Plains Road.
Approximately 21,120 None +95 feet upstream of
Bethel Road.
West Creek.......................... Approximately 2,000 None +85 Unincorporated Areas of feet downstream of Harrison County. State Highway 67.
Approximately 10,032 None +95 feet upstream of State Highway 67.
Wolf River.......................... Approximately 9,700 +17 +19 Unincorporated Areas of feet upstream of Bells Harrison County. Ferry Road.
Approximately 1,000 +20 +21 feet downstream of I 10.
* National Geodetic Vertical Datum.
Depth in feet above ground.
+ 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. [[Page 2873]]
ADDRESSES City of Biloxi
Maps are available for inspection at Floodplain Management, 676 Dr. Martin Luther King Boulevard, Biloxi, MS 39533.
City of D'Iberville
Maps are available for inspection at 10383 Automall Parkway, D'Iberville, MS 39540. City of Gulfport
Maps are available for inspection at Department of Urban DevelopmentBuilding Codes Services, 2200 15th Street, Trailer B5, Gulfport, MS 39501.
City of Long Beach
Maps are available for inspection at Building Code Office, 645 Klondike Road, Long Beach, MS 39560. City of Pass Christian
Maps are available for inspection at Building Code Office, 203 Fleitas Avenue, Pass Christian, MS 39571. Unincorporated Areas of Harrison County Maps are available for inspection at County Code Office, 15309 Community Road, Gulfport, MS 39503. (Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'')

Dated: January 3, 2008.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. E8724 Filed 11508; 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.