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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
CFR Citation: 44 CFR Part 67
Docket ID: [Docket No. FEMA-B-7760]
NOTICE: PROPOSED RULES
DOCUMENT ACTION: Proposed rule.
SUBJECT CATEGORY: Proposed Flood Elevation Determinations
DATES: Comments are to be submitted on or before April 29, 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 (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)
1600 feet *39 *40
upstream of the
confluence of
North King
Slough.
California.................... Unincorporated North King Slough Confluence with *39 *40
Areas of Sutter King Slough. County.
3200 feet *39 *40
upstream of the
confluence with
King Slough. * 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 Sutter County
Maps are available for inspection at Sutter County Administrators Office, 1160 Civic Center Boulevard, Yuba City, CA 95993.
[[Page 5482]]
* Elevation in feet
(NGVD) + Elevation in
feet (NAVD)
Airport.
Approximately 600 feet +9 +12
upstream of SE Anchor Road, West of
Burlington Northern
railroad.
Lewis & Clark River................. Approximately \1/2\ +9 +12 Unincorporated Areas of
mile downstream of Clatsop County. confluence with
Heckard Creek, east of
Lewis & Clark River.
Approximately at +9 +13 confluence with
Heckard Creek, east of
Lewis & Clark River.
Youngs River........................ Approximately 500 feet +7 +12 Unincorporated Areas of
south of confluence Clatsop County. with Battle Creek
Slough.
Approximately at +9 +12 intersection of
Wireless Road & Hwy
101 Business.
* 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 Warrenton
Maps are available for inspection at 225 South Main Street, Warrenton, OR 97146.
Unincorporated Areas of Clatsop County
Maps are available for inspection at 800 Exchange Street, Astoria, OR 97103.
Perry County, Pennsylvania, and Incorporated Areas
Juniata River....................... Approximately 8,820 None +402 Township of Tuscarora. feet downstream of
State Highway 17
(Sunbury Street).
Approximately 5,420 None +408
feet upstream of State Highway 17 (Sunbury
Street).
Little Buffalo Creek................ Approximately 5,200 None +428 Township of Juniata.
feet upstream of State Route 4010.
Approximately 5,340 None +428
feet upstream of State Route 4010.
Losh Run............................ Approximately 410 feet None +369 Township of Miller.
downstream of Conrail Railroad.
Approximately 930 feet None +369 upstream of Conrail
Railroad.
Losh Run............................ Approximately 495 feet None +369 Township of Wheatfield.
downstream of Conrail Railroad.
Approximately 880 feet None +369 upstream of Conrail
Railroad.
Raccoon Creek....................... Approximately 30 feet None +405 Township of Tuscarora. downstream of Local
Route 50024.
Approximately 1,150 None +405
feet upstream of Local Route 50024.
Sugar Run........................... Approximately 605 feet None +404 Township of Tuscarora. downstream of Hill
Road (T432).
Approximately 330 feet None +404
upstream of Hill Road (T432).
* 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 Township of Juniata
Maps are available for inspection at 16 Milford Rd, Newport, PA 17074. Township of Miller
Maps are available for inspection at 55410 Limekiln Lane, Duncannon, PA 17020. Township of Tuscarora
[[Page 5483]]
Maps are available for inspection at 72 Cementery Rd, Millerstown, PA 17062. Township of Wheatfield
Maps are available for inspection at Rt. 274, New Bloomfield Road, New Bloomfield, PA 17068.
Hanover County, Virginia, and Incorporated Areas
Beaverdam Creek..................... Approximately 384 feet *92 *91 Unincorporated Areas of
downstream of Old Hanover County. State Route 156.
Approximately 6,450 *152 *151
feet upstream of the Woodbridge Road.
Bull Run............................ Approximately 1,260 *74 *75 Unincorporated Areas of
feet upstream of the Hanover County.
confluence with North Anna River.
Approximately 1,344 *74 *75
feet upstream of the
confluence with North Anna River.
Crump Creek......................... At approximately 2,800 None *39 Unincorporated Areas of
feet downstream of Hanover County. River Road.
Approximately at New None *191 Britton Road.
Lickinghole Creek................... Approximately 643 feet None *126 Unincorporated Areas of
upstream from the Hanover County.
confluence with Stony Run.
Approximately at Design None *220 Road.
Little River........................ Approximately at State None *95 Unincorporated Areas of
Route 688 (Doswell Hanover County. Road).
Approximately 7,000 None *218
feet upstream from the
confluence with Locust Creek.
Mechumps Creek...................... Approximately 3,258 *51 *50 Town of Ashland,
feet upstream of Route Unincorporated Areas
301. of Hanover County.
Approximately at Route None *211 1.
North Anna River.................... Approximately 3.4 miles None *104 Unincorporated Areas of
upstream of Route 1. Hanover County.
Approximately 3,015 None *201 feet upstream from
Greek Bay Road.
Pamunkey River...................... Approximately 860 feet None *11 Unincorporated Areas of
downstream of the Hanover County. confluence with
Whitting Swamp.
Approximately at the None *60
confluence with North
Anna Creek and South Anna Creek.
South Anna Creek.................... Approximately at State None *110 Unincorporated Areas of
Route 54. Hanover County.
Approximately 10,750 None *214
feet upstream of the
confluence with Turkey Creek.
Stony Run........................... Approximately 50 feet *132 *131 Town of Ashland,
upstream of Route 682. Unincorporated Areas
of Hanover County.
Approximately at Elmont None *220 Road.
Totopotomoy River................... Approximately 2,000 None *28 Unincorporated Areas of
feet downstream of the Hanover County. River Road.
Approximately at None *173 Sliding Hill Road.
Tributary to Beaverdam Creek........ Approximately 580 feet None *140 Unincorporated Areas of
upstream of the Hanover County. confluence with
Beaverdam Creek.
Approximately 1,474 None *140
feet upstream of the confluence with
Beaverdam Creek.
* 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 Town of Ashland
Maps are available for inspection at 101 Thompson Street, Ashland, VA 23005.
Unincorporated Areas of Hanover County
Maps are available for inspection at Department of Public Works, 7497 County Complex Road, Government Administration Building H, Hanover, VA 23069.
[[Page 5484]]
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'')
Dated: January 22, 2008.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance
Program, Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. E81650 Filed 12908; 8:45 am]
BILLING CODE 911012P
FOR FURTHER INFORMATION CONTACT William R. Blanton, Jr., Chief, [[Page 5481]]
Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,
(202) 6463151, or (email) bill.blanton@dhs.gov.
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