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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

CFR Citation: 44 CFR Part 67

Docket ID: [Docket No. FEMA-B-7794]

NOTICE: PROPOSED RULES

DOCUMENT ACTION: Proposed rule.

SUBJECT CATEGORY: Proposed Flood Elevation Determinations

DATES: Comments are to be submitted on or before October 14, 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.
[[Page 40267]]

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 Pinellas County, Florida, and Incorporated Areas Channel 1........................... Approximately 160 feet +12 +11 City of Pinellas Park, downstream of 90th Unincorporated Areas Avenue N. of Pinellas County. Approximately 1,980 None +14 feet upstream of 102nd Avenue N.
Channel 2........................... Approximately 290 feet None +10 City of Pinellas Park. upstream of Gandy
Boulevard.
Just downstream of None +12 Highway 19.
Channel 3........................... At 68th Avenue N....... +9 +10 Unincorporated Areas of Pinellas County, City of Pinellas Park. Just downstream of 49th None +17 Street N.
Joe's Creek Tributary 4 (Channel 4). Approximately 2,400 +11 +12 City of Pinellas Park, feet upstream of the Unincorporated Areas confluence with Joe's of Pinellas County. Creek.
Approximately 1,000 None +28 feet upstream of 62nd Street N.
Lake Parcel......................... Flooding area bound by +10 +9 City of Pinellas Park. 96th Terrace N to the north, 34th Way N to the west, Gateway
Boulevard to the
south, and MCI Drive to the east.
Flooding area bound by +12 +10 97th Avenue N to the north, 37th Street N to the west, 93rd
Avenue N to the south, and Mainlands
Boulevard E to the
east.
Lake Tamarac........................ Flooding area bound by +12 +11 City of Pinellas Park. Mainlands Boulevard N to the north,
Mainlands Boulevard W to the west, 96th
Terrace Lane N to the south, and 41st Street N to the east.
Ponding Area........................ Ponding area bound by +13 +14 City of Pinellas Park. 102nd Avenue N to the north, 64th Street N to the west, 98th
Avenue N to the south, and 62nd Street N to the east.
Ponding area bound by None +13 99 Circle N to the
north, 66th Street N to the west, 94th
Avenue N to the south, and 61st Way N to the east.
Ponding area bound by None +13 94th Avenue N to the north, 66th Street N to the west, 90th
Avenue N to the south, and 62nd Street N to the east.
Ponding area bound by None +12 CSX Railroad to the
north, 63rd Way N to the west, 82nd Avenue N to the south, and
CSX Railroad to the
east.
Ponding area bound by None +11 86th Avenue N to the north, CSX Railroad to the west, 82nd Avenue N to the south, and
62nd Street N to the east.
Ponding area bound by None +13 82nd Avenue N to the north, 63rd Street N to the west, 80th
Avenue N to the south, and 61st Lane N to the east.
Ponding area bound by None +12 80th Avenue N to the north, 62nd Street N to the west, 78th
Avenue N to the south, and 60th Street N to the east.
Ponding area bound by +13 +12 102nd Avenue N to the north, Highway 19 to the west, Highway 19 to the south, and 45th Way N to the east.
Ponding area bound by +12 +11 Mainlands Boulevard N to the north, 41st
Street N to the west, 96th Terrace N to the south, and 40th Street N to the east.
Ponding area bound by None +11 Mainlands Boulevard W to the north, Highway 19 to the west,
Gateway Boulevard to the south, and 40th
Street N to the east. Ponding area bound by +13 +14 86th Avenue N to the north, 44th Street N to the west, 78th
Avenue N to the south, and Highway 19 to the east.
Ponding area bound by +13 +11 Highway 19 to the
north, 46th Street N to the west, 85th
Terrace N to the
south, and Highway 19 to the east.
[[Page 40268]]
Ponding area bound by +13 +12 94th Avenue N to the north, 49th Street N to the west, 86th
Avenue N to the south, and Highway 19 to the east.
Ponding area bound by +13 +12 94th Avenue N to the north, 49th Street N to the west, 90th
Avenue N to the south, and Highway 19 to the east.
Ponding area bound by +15 +14 82nd Avenue N to the north, 52nd Street N to the west, 78th
Avenue N to the south, and 47th Street N to the east.
Ponding area bound by +15 +11 87th Terrace N to the north, 53rd Way N to the west, 82nd Terrace N to the south, and
52nd Way N to the east. Ponding area bound by +15 +13 86th Avenue N to the north, 60th Street N to the west, 78th
Avenue N to the south, and 52nd Street N to the east.
Ponding area bound by None +15 70th Avenue N to the north, 65th Street N to the west, 67th
Avenue N to the south, and 63rd Way N to the east.
Ponding area bound by None +15 80th Avenue N to the north, 47th Street N to the west, Park
Boulevard N to the
south, and 40th Street N to the east.
Ponding area bound by +18 +16 Park Boulevard N to
the north, CSX
Railroad to the west, 68th Avenue N to the south, and 41st Street N to the east.
Ponding area bound by None +15 76th Avenue N, 56th
Street N to the west, 71st Avenue N to the south, and 52nd Street N to the east.
Ponding area bound by None +15 68th Avenue N to the north, 51st Way N to the west, 65th Avenue N to the south, and
49th Way N to the east. Ponding area bound by +18 +27 66th Avenue N to the north, 47th Street N to the west, 58th
Avenue N to the south, and 35th Street N to the east.
Ponding area bound by +9 +10 Gateway Center Parkway to the north, 34th
Street N to the west, Grand Avenue to the
south, and 28th Street N to the east.
Ponding area bound by None +10 Gateway Boulevard to the north, 37th Street to the west, Grand
Avenue to the south, and Gateway Center
Parkway to the east. Ponding area bound by +12 +11 Mainlands Boulevard N to the north, 40th
Street N to the west, 99th Terrace N to the south, and 38th Way N to the east.
Ponding area bound by +12 +10 103rd Avenue N to the north, 39th Street N to the west, 101st
Avenue N to the south, and 36th Court to the east.
Ponding area bound by +11 +10 99th Place N to the
north, Mainlands
Boulevard E to the
west, 98th Terrace N to the south, and 34th Way N to the east.
Ponding Area........................ Ponding area bound by None +14 Unincorporated Areas of 62nd Avenue N to the Pinellas County. north, 66th Street N to the west, 54th
Avenue N to the south, and 54th Street N to the east.
Ponding area bound by None +15 54th Avenue N to the north, 69th Way N to the west, 49th Avenue N to the south, and
68th Way N to the east. * 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. 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 Pinellas Park
Maps are available for inspection at Pinellas Park City Hall, 5141 78th Avenue, Pinellas Park, FL 33781. [[Page 40269]]
Unincorporated Areas of Pinellas County Maps are available for inspection at Pinellas County Development Review, 310 Court Street, Clearwater, FL 33756. Oconee County, Georgia, and Incorporated Areas Calls Creek......................... Approximately 3,100 None +612 Unincorporated Areas of feet downstream of Oconee County, City of U.S. Highway 441/State Watkinsville. Highway 15.
At U.S. Highway 441/ None +669 U.S. Highway 129
Bypasses/State Highway 24/186.
Lampkin Branch...................... At confluence with None +637 City of Watkinsville. Calls Creek.
Approximately 1,280 None +642 feet upstream of
confluence with Calls Creek.
Porters Creek....................... At confluence with +526 +527 Unincorporated Areas of Oconee River. Oconee County. Approximately 550 feet +526 +527 upstream of confluence with Oconee River.
* 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. 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 Watkinsville
Maps are available for inspection at City Hall, 191 VFW Drive, Watkinsville, GA 30677. Unincorporated Areas of Oconee County Maps are available for inspection at Oconee County Planning Department, 22 North Main Street, Watkinsville, GA 30677.
Union County, Kentucky, and Incorporated Areas Ohio River.......................... At confluence with None +362 Town of Uniontown, Tradewater River (At Unincorporated Areas Union County / of Union County. Crittenden County
boundary).
Approximately at 9.9 None +371 Miles upstream of
confluence with
Higland Creek (At
Union County /
Henderson County).
* 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. 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 Uniontown
Maps are available for inspection at Third and Main Streets, Uniontown, KY 42461. Unincorporated Areas of Union County Maps are available for inspection at 100 West Main Street, Morganfield, KY 42437. Wayne County, Kentucky, and Incorporated Areas Lake Cumberland..................... At Wolfe Creek Dam..... None +760 City of Monticello, Unincorporated Areas of Wayne County. Approximately at 7600 None +760 feet upstream Dugger Branch (North eastern county boundary).
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
[[Page 40270]]
** 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 Monticello
Maps are available for inspection at 157 South Main Street, Monticello, KY 42633. Unincorporated Areas of Wayne County Maps are available for inspection at 109 N. Main St., Monticello, KY 42633. Caldwell County, North Carolina, and Incorporated Areas Hayes Mill Creek.................... Approximately 1,500 None +1003 Unincorporated Areas of feet upstream of the Caldwell County, Town confluence with of Granite Falls, Town Catawba River. of Sawmills. Approximately 700 feet None +1120 upstream of the
confluence of Hayes
Mill Creek Tributary 2. * 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. 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 Granite Falls
Maps are available for inspection at Granite Falls Town Hall, 30 Park Square, Granite Falls, NC. Town of Sawmills
Maps are available for inspection at Sawmills Town Hall, 4076 U.S. Highway 321A, Sawmills, NC. Unincorporated Areas of Caldwell County Maps are available for inspection at Caldwell County Courthouse, 1051 Harper Avenue, Lenoir, NC. Wayne County, Ohio, and Incorporated Areas Killbuck Ditch (backwater from Downstream of railroad None +967 Unincorporated Areas of Killbuck Creek). crossing at Burbank Wayne County, Village Road. of Creston. Confluence with None +967 Killbuck Creek.
Unnamed Tributary (Backwater from Confluence with None +976 Unincorporated Areas of Killbuck Creek). Killbuck Creek. Wayne County, Village of Creston. Upstream of S. Main None +976 Street in Village of Creston.
* 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. 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 Wayne County Maps are available for inspection at 428 West Liberty Street, Wooster, OH 44691. Village of Creston
Maps are available for inspection at 100 N Main Street, Creston, OH 44217. [[Page 40271]]
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'')

Dated: July 8, 2008.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. E815982 Filed 71108; 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.