Federal Register: PROPOSED RULES [44 CFR Part 67]

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

CFR Citation: 44 CFR Part 67

Docket ID: [Docket No. FEMA-B-7764]

NOTICE: PROPOSED RULES

DOCUMENT ACTION: Proposed rule.

SUBJECT CATEGORY: Proposed Flood Elevation Determinations

DATES: Comments are to be submitted on or before June 9, 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
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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) Location of referenced Depth in feet above Flooding source(s) elevation** ground [caret]Elevation Communities affected in meters (MSL) Effective Modified Santa Clara County, California, and Incorporated Areas San Tomas Aquino Creek.............. Approximately 20 feet None +376 City of Monte Sereno. downstream of Quito
Road.
Approximately 460 feet None +439 ....................... upstream of Quito Road. * National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** 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 Monte Sereno
Maps are available for inspection at City of Monte Sereno Engineering Department, 18041 SaratogaLos Gatos Road, Monte Sereno, CA.
Solano County, California, and Incorporated Areas Napa River.......................... Approximately 115 feet +9 +10 City of Vallejo, east of the Unincorporated Areas intersection of Murphy of Solano County. Lane and Tyler Road. Napa River.......................... Approximately 820 feet None +9 City of Vallejo. northeast of the
intersection of L
Street and Railroad
Avenue.
San Pablo Bay....................... Approximately 290 feet None +10 City of Vallejo. south of the
intersection of Cedar Avenue and I Street. Approximately 0.4 mile None +11 ....................... west of the
intersection of Lawes Street and Dump Road. San Pablo Bay....................... Approximately 0.4 mile None +12 City of Vallejo, south of the Unincorporated Areas intersection of Mesa of Solano County. Road and 13th Street. Approximately 0.5 mile None +13 west of the
intersection of Lawes Street and Dump Road. * National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
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** 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 Vallejo
Maps are available for inspection at City of Vallejo Public Works Department, 555 Santa Clara Street, Vallejo, CA.
Unincorporated Areas of Solano County Maps are available for inspection at Solano County Public Works Department, 675 Texas Street, Suite 5500, Fairfield, CA.
Jones County, Georgia, and Incorporated Areas Ocmulgee River...................... Approximately 14,050 None +316 Unincorporated Areas of feet downstream of Jones County. River North Boulevard. Approximately 16,790 None +332 ....................... feet upstream of River North Boulevard.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** 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 Jones County Maps are available for inspection at Zoning and Planning Department, P.O. Box 1359, 166 Industrial Boulevard, Gray, GA 310321359.
Walton County, Georgia, and Incorporated Areas Alcovy River........................ Approximately 525 feet None +782 Unincorporated Areas of downstream of Walton County. confluence of Cedar
Creek Southeast.
Approximately 1,740 None +784 ....................... feet upstream of
confluence of Cedar
Creek Southeast.
Apalachee River..................... Approximately 2,600 None +820 Unincorporated Areas of feet downstream of Walton County. upstream county
boundary with Gwinnett County.
At upstream county None +823 ....................... boundary with Gwinnett County.
Bay Creek........................... Approximately 345 feet None +792 Unincorporated Areas of downstream of county Walton County. boundary with Gwinnett County.
Approximately 670 feet None +796 ....................... upstream of county
boundary with Gwinnett County.
Big Haynes Creek.................... At downstream county None +846 Unincorporated Areas of boundary with Rockdale Walton County. County.
At upstream county None +849 ....................... boundary with Gwinnett County.
Brushy Fork Creek................... Approximately 1,740 None +862 Unincorporated Areas of feet downstream of Walton County, City of Centerville Rosebud Loganville. Road.
Approximately 2,550 None +906 ....................... feet upstream of Old Loganville Road.
Cedar Creek Southeast............... At confluence with None +782 Unincorporated Areas of Alcovy River. Walton County. Approximately 2,840 None +796 feet upstream of
confluence with Alcovy River.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
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** 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 Loganville
Maps are available for inspection at 4385 Pecan Street, Loganville, GA 30052. Unincorporated Areas of Walton County Maps are available for inspection at 303 South Hammond Drive, Suite 330, Monroe, GA 30655. Canyon County, Idaho, and Incorporated Areas Boise River......................... Approximately 2000 feet +2361 +2360 City of Caldwell, City upstream of I84. of Star, Unincorporated. At Canyon County/Ada +2454 +2456 Areas of Canyon County. County Boundary.
Indian Creek........................ Just upstream of Sewer +2354 +2353 City of Nampa, City of Treatment Plant. Caldwell. Just upstream of Canada +2550 +2556 Unincorporated Areas of Road. Canyon County. Mason Creek......................... At confluence with None +2370 City of Nampa, City of Boise River. Caldwell. Just upstream of Lone None +2450 Unincorporated Areas of Tree Lane/Ustick Road. Canyon County. * National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** 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 Caldwell
Maps are available for inspection at 621 Cleveland Boulevard, 2nd Floor, Caldwell, ID 83605. City of Nampa
Maps are available for inspection at 411 3rd Street South, Nampa, ID 83651. City of Star
Maps are available for inspection at 10769 West State Street, Star, ID 83669. Unincorporated Areas of Canyon County Maps are available for inspection at 1115 Albany Street, Caldwell, ID 83605. Accomack County, Virginia, and Incorporated Areas Chesapeake Bay...................... Base Flood Elevation +4 +6 Town of Tangier. changes ranging from 4 to 6 feet have
occurred along the
northern, southern,
eastern, and western perimeter, as well as interior areas of the island.
Occohannock Creek (Chesapeake Bay).. Aproximately Route 178 +4 +8 Town of Belle Haven. (Shields Bridge Road). Approximately the +4 +8 ....................... northern community
boundary for Belle
Haven along
Occohannock Creek.
Onancock Creek (Chesapeake Bay)..... Base Flood Elevations +5 +7 Town of Onancock. have changed along the northern, central, & southern branches of Onancock Creek.
Changes extend from
the western confluence of these three
branches to their
eastern most extent
within the community boundary of the Town of Onancock.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
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[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** 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 Belle Haven
Maps are available for inspection at P.O. Box 238, Belle Haven, VA 23306. Town of Onancock
Maps are available for inspection at 15 North Street, Onancock, VA 23417. Town of Tangier
Maps are available for inspection at 4301 Joshua Thomas Lane, Tangier, VA 23440. (Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'')

Dated: February 20, 2008.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. E84723 Filed 3708; 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.