

[Federal Register: October 16, 2007 (Volume 72, Number 199)]
[Proposed Rules]               
[Page 58615-58618]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16oc07-39]                         

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-7741]

 
Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule.

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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.

DATES: Comments are to be submitted on or before January 14, 2008.

ADDRESSES: The corresponding preliminary Flood Insurance Rate Map 
(FIRM) for the proposed BFEs for each community are available for 
inspection at the community's map repository. The respective addresses 
are listed in the table below.
    You may submit comments, identified by Docket No. FEMA-B-7741, to 
William R. Blanton, Jr., Chief, Engineering Management Section, 
Mitigation Directorate, Federal Emergency Management Agency, 500 C 
Street, SW., Washington, DC 20472.

FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Chief, 
Engineering Management Section, Mitigation Directorate, Federal 
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

SUPPLEMENTARY 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.

[[Page 58616]]

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:

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                                                                  *Elevation in feet
                                                                 (NGVD) +Elevation in
                                                                  feet (NAVD) < greek-
         Flooding source(s)            Location of referenced    i>Depth in feet above     Communities affected
                                            elevation**                 ground
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                                 Orange County, New York, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Black Meadow Creek..................  At confluence with              +378         +377  Town of Goshen.
                                       Otter Kill.
                                      Approximately 800 feet          +378         +377
                                       upstream of confluence
                                       with Otter Kill.
Cold Brook..........................  Approximately 300 feet          +439         +435  Town of Deer Park, City
                                       downstream of Beach                                of Port Jervis.
                                       Road.
                                      At confluence with              +438         +435
                                       Neversink River.
Delaware River......................  At County boundary.....         +425         +426  Town of Deer Park, City
                                                                                          of Port Jervis.
                                      Approximately 645 feet          +469         +470
                                       upstream of Rail Road.
Monhagen Brook......................  Approximately 0.4 mile          None         +465  City of Middletown,
                                       downstream of Abe                                  Town of Wallkill, Town
                                       Isseks Drive.                                      of Wawayanda.
                                      Approximately 1,200             None         +606
                                       feet upstream of Mt.
                                       Hope Road.
Moodna Creek........................  Approximately 1,100             +259         +260  Town of Blooming Grove,
                                       feet downstream of                                 Town of Cornwall,
                                       spillway at Towns of                               Village of
                                       Blooming Grove and                                 Washingtonville.
                                       Cornwall corporate
                                       limits.
                                      At the confluence with          +321         +319
                                       Otter Kill and
                                       Cromline Creek.
Neversink River.....................  At the confluence with          +425         +430  City of Port Jervis,
                                       Delaware River.                                    Town of Deer Park.
                                      Approximately 275 feet          +645         +649
                                       upstream of Paradise
                                       Road.
Otter Kill..........................  Approximately 1.2 miles         +366         +365  Town of Goshen.
                                       upstream of Sora Wells
                                       Trail.
                                      Approximately 1.4 miles         None         +470
                                       upstream of State
                                       Route 17.
Tributary 12........................  At the confluence with          +368         +365  Town of Goshen.
                                       Otter Kill.
                                      Approximately 150 feet          +397         +395
                                       upstream of Craigville
                                       Road.
Perry Creek.........................  At the confluence with          None         +306  Town of Blooming Grove,
                                       Moodna Creek.                                      Village of
                                                                                          Washingtonville.
                                      Approximately 500 feet          None         +537
                                       upstream of Clove Road.
Pine Tree Brook.....................  At confluence with              +580         +582  Village of Monroe.
                                       Ramapo River Reach 2.
                                      Approximately 1,020             +581         +582
                                       feet upstream of
                                       confluence with Ramapo
                                       River Reach 2.
Quaker Creek........................  Approximately 100 feet          +399         +398  Village of Florida.
                                       upstream of confluence
                                       with Browns Creek.
                                      Approximately 150 feet          None         +456
                                       upstream of Roosevelt
                                       Avenue.
Ramapo River Reach 2................  Approximately 2,150             None         +518  Village of Harriman,
                                       feet downstream of                                 Town of Monroe, Town
                                       Arden House Road.                                  of Woodbury, Village
                                                                                          of Monroe.
                                      Approximately 1.4 miles         None         +838
                                       upstream of Reynolds
                                       Road.
    Tributary 1.....................  At confluence with              +522         +519  Village of Harriman,
                                       Ramapo River Reach 2.                              Town of Woodbury.
                                      Approximately 1,100             +522         +519
                                       feet upstream of
                                       Meadow Avenue.

[[Page 58617]]


    Tributary 26....................  At confluence with              +579         +581  Village of Monroe.
                                       Ramapo River Reach 2.
                                      Approximately 800 feet          +580         +581
                                       upstream of confluence
                                       with Ramapo River
                                       Reach 2.
Rio Grande..........................  Approximately 300 feet          +411         +412  Town of Goshen, Village
                                       downstream of State                                of Goshen.
                                       Route 17.
                                      Approximately 650 feet          +433         +430
                                       upstream of Greenwich
                                       Avenue.
    Tributary 4.....................  At the confluence with          None         +427  Village of Goshen.
                                       Rio Grande.
                                      Approximately 2,160             None         +440
                                       feet upstream of
                                       Scotchtown Road.
Satterly Creek......................  At the confluence with          +314         +312  Town of Blooming Grove,
                                       Moodna Creek.                                      Village of
                                                                                          Washingtonville.
                                      At the confluence of            +344         +346
                                       Satterly Creek
                                       Tributary 5.
South Tributary to Wawayanda Creek..  At the confluence with          +519         +521  Town of Warwick,
                                       Wawayanda Creek.                                   Village of Warwick.
                                      Approximately 2 miles           None         +778
                                       upstream of Galloway
                                       Road.
Wallkill River Tributary 6..........  At the confluence with          None         +331  Town of Montgomery.
                                       Wallkill River.
                                      Approximately 1,800             None         +392
                                       feet upstream of State
                                       Route 17.
Wawayanda Creek.....................  Approximately 2,500             +506         +507  Village of Warwick,
                                       feet downstream of                                 Town of Warwick.
                                       Howe Street.
                                      Approximately 0.9 mile          +521         +522
                                       upstream of Forester
                                       Avenue.
Woodbury Creek......................  At Creamery Hill Road..         +250         +251  Town of Cornwall, Town
                                                                                          of Woodbury.
                                      Approximately 1,190             None         +487
                                       feet upstream of
                                       Estrada Road.
    Tributary 11....................  At the confluence with          None         +487  Town of Woodbury.
                                       Woodbury Creek.
                                      Approximately 2,700             None         +772
                                       feet upstream of
                                       Dunderburg Road.
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* 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 includes BFEs located on the stream
 reach between the two listed herein. Please check the Flood Insurance Rate Map (see below) for exact locations
 of all BFEs to be changed.
Send comments to William R. Blanton, Jr., Chief, Engineering Management Section, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                 COMMUNITY NAME

City of Middletown

Maps are available for inspection at Middletown City Hall, 16 James Street, Middletown, NY.

City of Port Jervis

Maps are available for inspection at Port Jervis City Municipal Building, 14-20 Hammond Street, Port Jervis, NY.

Town of Blooming Grove

Maps are available for inspection at Blooming Grove Town Hall, 6 Horton Road, Blooming Grove, NY.

Town of Cornwall

Maps are available for inspection at Cornwall Town Hall, 183 Main Street, Cornwall, NY.

Town of Deer Park

Maps are available for inspection at Deer Park Town Building Inspector's Office, 420 Route 209, Hugenot, NY.

Town of Goshen

Maps are available for inspection at Goshen Town Hall, 41 Webster Street, NY.

Town of Monroe

Maps are available for inspection at Monroe Town Building Department, 11 Stage Road, Monroe, NY.

Town of Montgomery

Maps are available for inspection at Montgomery Town Hall, 110 Bracken Road, Montgomery, NY.

Town of Wallkill

Maps are available for inspection at Wallkill Town Hall, 99 Tower Drive, Middletown, NY.

Town of Warwick

Maps are available for inspection at Warwick Town Municipal Building, 132 Kings Highway, Warwick, NY.

Town of Wawayanda

Maps are available for inspection at Wawayanda Town Hall, 80 Ridgeberry Hill Road, Slate Hill, NY.

Town of Woodbury

Maps are available for inspection at Highlands Town Hall, 511 Route 32, Highland Mills, NY.

Village of Florida

Maps are available for inspection at Florida Village Hall, 33 South Main Street, Florida, NY.


[[Page 58618]]


Village of Goshen

Maps are available for inspection at Goshen Village Hall, 276 Main Street, Goshen, NY.

Village of Harriman

Maps are available for inspection at Harriman Village Hall, 1 Church Street, Harriman, NY.

Village of Monroe

Maps are available for inspection at Monroe Village Hall, 7 Stage Road, Monroe, NY.

Village of Warwick

Maps are available for inspection at Village Hall, 77 Main Street, Warwick, NY.

Village of Washingtonville

Maps are available for inspection at Washingtonville Village Hall, 29 West Main Street, Washingtonville, NY.
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[Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'']

    Dated: October 10, 2007.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance 
Program, Department of Homeland Security, Federal Emergency Management 
Agency.
 [FR Doc. E7-20388 Filed 10-15-07; 8:45 am]

BILLING CODE 9110-12-P
