

[Federal Register: January 16, 2008 (Volume 73, Number 11)]
[Proposed Rules]               
[Page 2868-2873]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ja08-26]                         

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-7757]

 
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 April 15, 2008.

ADDRESSES: The corresponding preliminary Flood Insurance Rate Map 
(FIRM) for the proposed BFEs for each community is 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-7757, to 
William R. Blanton, Jr., Chief, Engineering Management Branch, 
Mitigation Directorate, Federal Emergency Management Agency, 500 C 
Street, SW., Washington, DC 20472, (202) 646-3151, or (e-mail) 
bill.blanton@dhs.gov.


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) 646-3151 or (e-mail) bill.blanton@dhs.gov.

SUPPLEMENTARY 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 Development-Building Codes Services, 2200 15th Street,
 Trailer B-5, 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. E8-724 Filed 1-15-08; 8:45 am]

BILLING CODE 9110-12-P
