

[Federal Register: January 30, 2008 (Volume 73, Number 20)]
[Proposed Rules]               
[Page 5480-5484]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30ja08-21]                         

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-7760]

 
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 29, 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-7760, 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,

[[Page 5481]]

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 
(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:

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                                                                                           * Elevation in feet
                                                                                          (NGVD) + Elevation in
                                                                                          feet (NAVD) 
             State               City/town/county      Source of         Location**        Depth in feet above
                                                        flooding                                 ground
                                                                                       -------------------------
                                                                                          Existing     Modified
----------------------------------------------------------------------------------------------------------------
                                Unincorporated Areas of Sutter County, California
----------------------------------------------------------------------------------------------------------------
California....................  Unincorporated     East Side Canal..  Downstream                *38          *40
                                 Areas of Sutter                       source of the
                                 County.                               East Side Canal.
                                                                      1500 feet                 *39          *40
                                                                       downstream of
                                                                       Catlett Road.
California....................  Unincorporated     King Slough......  Confluence with           *39          *40
                                 Areas of Sutter                       East Side Canal.
                                 County.
                                                                      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.
 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.

                                                    ADDRESSES
                                     Unincorporated Areas of Sutter County
Maps are available for inspection at Sutter County Administrators Office, 1160 Civic Center Boulevard, Yuba
 City, CA 95993.
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[[Page 5482]]


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                                                                  * Elevation in feet
                                                                 (NGVD) + Elevation in
                                                                 feet (NAVD) 
         Flooding source(s)            Location of referenced     Depth in feet above      Communities affected
                                            elevation**                 ground
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                                 Clatsop County, Oregon, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Columbia River......................  Approximately at                  +9          +12  Unincorporated Areas of
                                       Warrenton-Astoria Alt                              Clatsop County, City
                                       Highway south of                                   of Warrenton.
                                       Astoria Regional
                                       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.
 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 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.
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                               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 (T-432).
                                      Approximately 330 feet          None         +404
                                       upstream of Hill Road
                                       (T-432).
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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 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.
 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 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.
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[[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. E8-1650 Filed 1-29-08; 8:45 am]

BILLING CODE 9110-12-P
