
[Federal Register: April 29, 2008 (Volume 73, Number 83)]
[Proposed Rules]               
[Page 23164-23170]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29ap08-23]                         

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

 [Docket No. FEMA-B-7774]

 
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

[[Page 23165]]

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 July 28, 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-7774, 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 
(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
----------------------------------------------------------------------------------------------------------------
                                 Taylor County, Florida, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Aucilla River.......................  At U.S. Highway 98.....         None          +10  Unincorporated Areas of
                                                                                          Taylor County.
                                      At the Taylor/Madison           None          +45  .......................
                                       County boundary.
Pimple Creek........................  Approximately 600 feet           +36          +37  City of Perry.
                                       upstream of the
                                       confluence with Spring
                                       Creek.
                                      Approximately 400 feet           +42          +41  .......................
                                       downstream of Cherry
                                       Street.
Pimple Creek East Branch............  Just upstream of                 +43          +44  City of Perry.
                                       Johnson Stripling Road.
                                      Approximately 2,000              +44          +45  .......................
                                       feet upstream of the
                                       confluence with Pimple
                                       Creek.
Rocky Creek.........................  At the confluence with          None          +25  Unincorporated Areas of
                                       Spring Street.                                     Taylor County.
----------------------------------------------------------------------------------------------------------------
                                      Approximately 1,300             None          +56
                                       feet upstream of U.S.
                                       Highway 221.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.

[[Page 23166]]


** 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 Perry
Maps are available for inspection at Perry City Hall, 224 South Jefferson Street, Perry, FL.

                                      Unincorporated Areas of Taylor County

Maps are available for inspection at Taylor County Building/Planning Department, 201 East Green Street, Perry,
 FL.
----------------------------------------------------------------------------------------------------------------
                               Alexander County, Illinois, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Cotton Slough, interior drainage      Unincorporated                  None         +308  Unincorporated Areas of
 ponding.                              Alexander County                                   Alexander County.
                                       (north of Urbandale,
                                       IL).
Interior drainage ponding (Goose      Unincorporated                  None         +309  Unincorporated Areas of
 Pond Pumping Station).                Alexander County (near                             Alexander County.
                                       Urbandale, IL).
Mississippi River...................  One mile upstream of            +332         +331  City of Cairo,
                                       the confluence with                                Unincorporated Areas
                                       the Ohio River.                                    of Alexander County,
                                                                                          Village of East Cape
                                                                                          Girardeau, Village of
                                                                                          McClure, Village of
                                                                                          Tamms, Village of
                                                                                          Thebes.
                                      Six miles upstream of           +361         +356  .......................
                                       State Route 146 (River
                                       Mile 58).
Pigeon Creek........................  At the mouth of                 +340         +336  Unincorporated Areas of
                                       Horseshoe Lake.                                    Alexander County.
                                      At State Route 3.......         +343         +342
----------------------------------------------------------------------------------------------------------------
* 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 Cairo
Maps are available for inspection at Cairo City Hall, 1501 Washington Avenue, Cairo, IL 62914.
                                    Unincorporated Areas of Alexander County

Maps are available for inspection at Alexander County, County Clerk's Office, 2000 Washington Avenue, Cairo, IL
 62914.
Village of East Cape Girardeau

Maps are available for inspection at East Cape Girardeau Village Hall, 50 Brookwood, McClure, IL 62957.
Village of McClure

Maps are available for inspection at McClure Village Hall, 38204 Grapevine Trail, McClure, IL 62957.
Village of Tamms

Maps are available for inspection at Tamms Village Hall, 425 Front Street, Tamms, IL 62988.
Village of Thebes

Maps are available for inspection at Thebes Village Hall, 413 North 6th Street, Thebes, IL 62990.
----------------------------------------------------------------------------------------------------------------

                                Genesee County, Michigan, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Armstrong Creek.....................  Downstream side of              +683         +682  Township of Flushing.
                                       Francis Road.
                                      Approximately 2,100             +705         +708  Township of Montrose.
                                       feet upstream of
                                       Stanley Road.
Copneconic Lake.....................  Entire shoreline of             None         +846  Township of Fenton.
                                       Copneconic Lake.
Fenwin Pond.........................  Entire shoreline of             None         +837  Township of Mundy.
                                       Fenwin Pond.
Lum Drain...........................  Downstream side of              None         +778  Township of Gaines.
                                       Moorish Road.
                                      Upstream side of Elms           None         +783  .......................
                                       Road.
Pierson Branch of Thread Creek......  Approximately 680 feet          None         +766  City of Burton.
                                       downstream of S Center
                                       Road.
                                      Approximately 1,500             None         +822  .......................
                                       feet downstream of E
                                       Maple Avenue.
Shinanguag Lake.....................  Entire shoreline of             None         +890  Township of Atlas.
                                       Shinanguag Lake.
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[[Page 23167]]


* 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 Burton

Maps are available for inspection at 4303 South Center Road, Burton, MI 48519.
Township of Atlas

Maps are available for inspection at 7386 Gale Road, Goodrich, MI 48439.
Township of Fenton

Maps are available for inspection at 12060 Mantawauka Drive, Fenton, MI 48430.
Township of Flushing

Maps are available for inspection at 6524 North Seymour Road, Flushing, MI 48433.
Township of Gaines

Maps are available for inspection at 9255 Grand Blanc Road, Gaines, MI 48436.
Township of Montrose

Maps are available for inspection at 139 South Saginaw Street, Montrose, MI 48457.
Township of Mundy

Maps are available for inspection at 3478 Mundy Avenue, Swartz Creek, MI 48473.
----------------------------------------------------------------------------------------------------------------

                               Washtenaw County, Michigan, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Allen Creek.........................  Just downstream of              +768         +769  City of Ann Arbor.
                                       Conrail Railroad.
                                      Approximately 500 feet          +819         +820
                                       upstream of E Madison
                                       Street.
Allen Creek Diversion...............  Just upstream of Miller         None         +795  City of Ann Arbor.
                                       Road.
                                      Just downstream of Ann          None         +801  .......................
                                       Arbor Railroad.
Letts Creek.........................  Confluence with North           None         +890  Township of Lima.
                                       Fork Mill Creek.
                                      Just upstream of Pierce         None         +928
                                       Road.
Mill Creek..........................  Mouth at Huron River...         None         +838  Township of Scio.
                                      Just upstream of North          None         +863  Township of Lima,
                                       Parker Road.                                       Township of Webster,
                                                                                          Village of Dexter.
Millers Creek.......................  Just upstream of Geddes         None         +752  City of Ann Arbor.
                                       Road.
                                      Approximately 2,000             None         +883  Township of Ann Arbor.
                                       feet upstream of
                                       Baxter Road.
Millers Creek Diversion.............  Just upstream of                None         +753  City of Ann Arbor.
                                       confluence with
                                       Millers Creek.
                                      Just downstream of              None         +771
                                       diversion from Millers
                                       Creek.
North Fork Mill Creek...............  Approximately 800 feet          None         +885  Village of Chelsea,
                                       downstream of Fletcher                             Township of Lima.
                                       Road.
                                      Approximately 300 feet          None         +934  Township of Sylvan.
                                       upstream of Conway
                                       Road.
North Fork Mill Creek...............  Entire North Fork Mill          None         +885  Township of Lima.
                                       Creek within this
                                       community.
                                       Approximately 800 feet
                                       downstream of Fletcher
                                       Road.
                                      Just downstream of              None         +891
                                       McKinley Road.
Paint Creek.........................  Washtenaw County                None         +652  Township of Augusta.
                                       Boundary.
                                      Just downstream of East         None         +692
                                       Bemis Road.
Swift Drain.........................  Mouth at Huron River...         None         +754  City of Ann Arbor.
                                      Just upstream of East           None         +831  Charter Township of
                                       Morgan Road.                                       Pittsfield, Township
                                                                                          of Ann Arbor, Village
                                                                                          of Chelsea.
Traver Creek........................  Mouth at Huron River...         +762         +763  City of Ann Arbor.
                                      Approximately 2,000             None         +935  Township of Ann Arbor.
                                       feet upstream of
                                       Warren Road (just
                                       upstream of SB U.S.
                                       23).
Traver Creek Diversion..............  At confluence with              None         +901  City of Ann Arbor.
                                       Traver Creek.
                                      At diversion from               None         +907
                                       Traver Creek.
Tributary To Paint Creek............  Approximately 2,400             None         +773  Charter Township of
                                       feet downstream of                                 Pittsfield, Township
                                       Munger Road.                                       of Ypsilanti.
                                      Just downstream of              None         +821
                                       Merritt Road.
West Branch Paint Creek.............  Just upstream of                None         +675  Township of Augusta.
                                       confluence with Paint
                                       Creek.
                                      Just downstream of East         None         +698
                                       Bemis Road.
West Park Miller Drain..............  Just upstream of                +799         +801  City of Ann Arbor.
                                       confluence with Allen
                                       Creek.
                                      Just downstream of              +850         +845
                                       Wesley Avenue.

[[Page 23168]]


West Park Miller Drain South Branch.  Confluence with West            +801         +806  City of Ann Arbor.
                                       Park Miller Drain.
                                      Approximately 60 feet           +849         +851
                                       downstream of North
                                       Revena Boulevard.
----------------------------------------------------------------------------------------------------------------
* 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

Charter Township of Pittsfield

Maps are available for inspection at 6201 West Michigan Avenue, Ann Arbor, MI 48108.
City of Ann Arbor

Maps are available for inspection at 100 North Fifth Avenue, Ann Arbor, MI 48104.
Township of Ann Arbor

Maps are available for inspection at 3792 Pontiac Trail, Ann Arbor, MI 48105.
Township of Augusta

Maps are available for inspection at 605 South Main, Whittaker, MI 48190.
Township of Lima

Maps are available for inspection at 11452 Jackson Road, Chelsea, MI 48118.
Township of Scio

Maps are available for inspection at 2355 West Stadium Boulevard, Ann Arbor, MI 48107.
Township of Sylvan

Maps are available for inspection at 18027 Old U.S. Highway 12, Chelsea, MI 48118.
Township of Webster

Maps are available for inspection at 5665 Webster Church Road, Dexter, MI 48130.
Township of Ypsilanti

Maps are available for inspection at 7200 South Huron River Drive, Ypsilanti, MI 48197.
Village of Chelsea

Maps are available for inspection at 104 East Middle Street, Chelsea, MI 48118.
Village of Dexter

Maps are available for inspection at 6880 Dexter-Pinckney Road, Dexter, MI 48130.

                                  Goliad County, Texas, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Maddox Branch.......................  Approximately 65 feet           None         +142  City of Goliad.
                                       upstream of Fulcord
                                       Street.
                                      Approximately 1,550             +200         +199
                                       feet upstream of U.S.
                                       Highway 183.
San Antonio River...................  Approximately 600 feet          None         +142  City of Goliad.
                                       upstream of confluence
                                       with Maddox Branch.
                                      Approximately 1,300             None         +147
                                       feet upstream of South
                                       San Patricio Street.
Southwest City Drain................  Approximately 950 feet          +141         +147  City of Goliad.
                                       downstream of Fannin
                                       Street.
                                      Approximately 150 feet          +194         +199
                                       upstream of West Oak
                                       Street.
Sparrow Branch......................  Approximately 475 feet          None         +146  City of Goliad.
                                       downstream of Hord
                                       Street.
                                      Approximately 825 feet          +196         +199
                                       upstream of Sunset
                                       Avenue.
----------------------------------------------------------------------------------------------------------------
* 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 Goliad

Maps are available for inspection at 152 West End Street, Goliad, TX 77963.
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[[Page 23169]]


                                  Karnes County, Texas, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Escondido Creek.....................  Approximately 700 feet          +259         +258  City of Kenedy.
                                       downstream of
                                       confluence with
                                       Nichols Creek.
                                      Approximately 450 feet          None         +274
                                       upstream of confluence
                                       with Panther Creek.
Marcelinas Creek....................  Approximately 730 feet          None         +300  City of Falls City.
                                       upstream of confluence
                                       with Tributary 1 to
                                       Marcelinas Creek
                                       Watershed.
                                      Approximately 830 feet          None         +307
                                       upstream of confluence
                                       with Tributary 8 to
                                       Marcelinas Creek
                                       Watershed.
Nichols Creek.......................  Approximately 265 ft            +268         +269  City of Kenedy.
                                       downstream of S. 2nd
                                       Street.
Ojo de Agua Creek...................  Approximately 1,050             None         +262  Town of Runge.
                                       feet downstream of
                                       farm to Market 81.
                                      Approximately 860 feet          None         +287
                                       upstream of confluence
                                       with Tributary 9 to
                                       Ojo de Agua Watershed.
San Antonio River...................  Approximately 460 feet          None         +300  City of Falls City.
                                       downstream of
                                       confluence with
                                       Marcelinas Creek.
                                      Approximately 1,440             None         +304
                                       feet downstream of
                                       confluence with
                                       Tributary 199 to Lower
                                       San Antonio River
                                       Watershed.
----------------------------------------------------------------------------------------------------------------
* 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 Falls City

Maps are available for inspection at 208 North Irvin Street, Falls City, TX 78113.

City of Kenedy

Maps are available for inspection at 303 West Main Street, Kenedy, TX 78119.

Town of Runge

Maps are available for inspection at 109 North Helena, Runge, TX 78151.
----------------------------------------------------------------------------------------------------------------
                                  Teton County, Wyoming, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Flat Creek..........................  Approximately 5,100           *5,976       *5,974  Unincorporated Areas of
                                       feet South of the                                  Teton County.
                                       intersection of Wilson
                                       Canyon Drive and
                                       Highway 89.
                                      Approximately 1,350           *6,105       *6,107
                                       feet downstream of
                                       High School Road.
----------------------------------------------------------------------------------------------------------------
* 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 Teton County

Maps are available for inspection at County Administration Building, 200 South Willow Street, Jackson, WY 83001.
----------------------------------------------------------------------------------------------------------------


[[Page 23170]]

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')


    Dated: April 18, 2008.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance 
Program, Department of Homeland Security, Federal Emergency Management 
Agency.
[FR Doc. E8-9260 Filed 4-28-08; 8:45 am]

BILLING CODE 9110-12-P
