
[Federal Register: May 27, 2008 (Volume 73, Number 102)]
[Proposed Rules]               
[Page 30356-30359]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27my08-27]                         

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-7783]

 
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 August 25, 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-7783, 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.

[[Page 30357]]

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
----------------------------------------------------------------------------------------------------------------
                                Ellsworth County, Kansas, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Smoke Hill River....................  Approximately 0.65 mile         None        +1533  Unincorporated Areas of
                                       downstream of the                                  Ellsworth County.
                                       bridge on Douglas
                                       Avenue.
                                      Approximately 0.50 mile         None        +1540
                                       upstream of the bridge
                                       on Douglas 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

                                    Unincorporated Areas of Ellsworth County
Maps are available for inspection at 210 North Kansas Street, Ellsworth, KS 67439.

                               Crittenden County, Kentucky, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Ohio River..........................  Approximately at                None         +355  Unincorporated Areas of
                                       confluence with Deer                               Crittenden County.
                                       Creek (at upstream
                                       county boundary).
                                      Approximately at                None         +362
                                       confluence with
                                       Tradewater River (at
                                       downstream county
                                       boundary).
----------------------------------------------------------------------------------------------------------------
* 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 Crittenden County
Maps are available for inspection at 107 South Main Street, Marion, KY 42064.

                               Monmouth County, New Jersey, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Big Brook...........................  Approximately 34 feet           None          +79  Township of Colts Neck.
                                       upstream of Boundary
                                       Road.
                                      At Boundary Road.......         None          +79
Burkes Creek........................  Approximately 957 feet          None         +100  Township of Howell.
                                       upstream of Rutgers
                                       Road.
                                      Approximately 904 feet          None         +100
                                       upstream of Rutgers
                                       Road.
Deal Lake...........................  Entire shoreline.......         None          +10  Borough of Interlaken.
Deal Tributary 1....................  At Wickapecko Drive....         None          +11  Borough of Interlaken.
                                      Approximately 342 feet          None          +11
                                       downstream of
                                       Wickapecko Drive.
Doctors Creek.......................  Approximately 915 feet          None          +72  Township of Upper
                                       upstream of South Main                             Freehold.
                                       Street.
                                      Approximately 2,565             None          +72
                                       feet upstream of South
                                       Main Street.
                                      At Breza Road..........         None          +60
                                      Approximately 57 feet           None          +60
                                       upstream of Breza Road.
Hollow Brook........................  Approximately 133 feet           +10          +13  City of Asbury Park.
                                       upstream of Ridge
                                       Avenue.
                                      Approximately 176 feet           +10          +13
                                       upstream of Ridge
                                       Avenue.
Little Silver Creek Tributary 2B....  Approximately 95 feet            +15          +14  Borough of Little
                                       downstream of Harding                              Silver.
                                       Road.
                                      Approximately 40 feet            +25          +24
                                       upstream of Harding
                                       Road.

[[Page 30358]]


Manalapan Brook.....................  At County boundary.....          +75          +76  Township of Manalapan,
                                                                                          Township of Millstone.
                                      Approximately 510 feet          None         +181
                                       upstream of Moonlight
                                       Court.
Manalapan Brook Tributary A.........  At confluence with               +91          +87  Township of Manalapan.
                                       Manalapan Brook.
                                      Approximately 1,000              +92          +89
                                       feet upstream of
                                       confluence with
                                       Manalapan Brook.
Manalapan Brook Tributary B.........  At confluence with              +124         +123  Township of Manalapan.
                                       Manalapan Brook.
                                      Approximately 220 feet          +124         +123
                                       upstream of confluence
                                       with Manalapan Brook.
Musquash Brook......................  Approximately 3,350             None           +9  Borough of Neptune
                                       feet downstream of                                 City.
                                       Brighton Avenue.
                                      Approximately 40 feet           None          +23
                                       downstream of Brighton
                                       Avenue.
North Branch........................  At Railroad............         None           +8  Borough of Spring Lake
                                                                                          Heights.
Wreck Pond..........................  Approximately 1,147             None           +8
                                       feet upstream of State
                                       Highway 71.
Poly Pond Brook.....................  Approximately 944 feet          None          +17  Borough of Spring Lake
                                       downstream of State                                Heights.
                                       Highway 71.
                                      Approximately 1,563             None          +17
                                       feet upstream of State
                                       Highway 71.
Raritan Bay.........................  Approximately 1,035             None          +11  Township of Hazlet,
                                       feet east of Rose Lane.                            Borough of Keansburg,
                                                                                          Borough of Union
                                                                                          Beach, Township of
                                                                                          Middletown.
                                      Approximately 570 feet          None          +11
                                       northwest of the
                                       intersection of State
                                       Highway 36 and Laurel
                                       Avenue.
                                      Approximately 480 feet          None          +11
                                       east of William Street.
                                      Approximately 1,570             None          +11
                                       feet south of the
                                       intersection of State
                                       Highway 36 and
                                       Thompson Avenue.
Shark River.........................  Approximately 235 feet          None           +9  Borough of Neptune
                                       downstream of Steiner                              City.
                                       Avenue.
                                      Approximately 1,450             None           +9
                                       feet downstream of
                                       County Highway 17.
Still House Brook...................  At confluence with               +94          +93  Township of Manalapan.
                                       Manalapan Brook.
                                      Approximately 600 feet           +94          +93
                                       upstream of confluence
                                       with Manalapan Brook.
Swimming River......................  At Swimming River Road.         None          +22  Township of Colts Neck.
Thornes Creek.......................  At Raritan and Sandy              +4          +11  Township of Hazlet,
                                       Hook Bay Beach Erosion                             Borough of Union
                                       and Hurricane Project                              Beach.
                                       Closure Gate.
                                      At State Highway 36....           +4          +11
Waackaack Creek.....................  At Raritan and Sandy              +4          +11  Township of Hazlet,
                                       Hook Bay Beach Erosion                             Borough of Keansburg,
                                       and Hurricane Project                              Borough of Union
                                       Closure Gate.                                      Beach, Township of
                                                                                          Holmdel.
                                      Approximately 800 feet           +10          +11
                                       downstream of Middle
                                       Road.
Watson Creek........................  Approximately 1,150             None          +20  Borough of Manasquan.
                                       feet downstream of
                                       Blansing Avenue
                                       Extension.
                                      Approximately 960 feet          None          +20
                                       downstream of Blansing
                                       Avenue Extension.
Whale Pond Brook....................  At Hope Road...........         None          +73  Borough of Tinton
                                                                                          Falls.
                                      Approximately 54 feet           None          +73
                                       upstream of Hope Road.
Yellow Brook 2......................  Approximately 600 feet          None          +98  Township of Colts Neck.
                                       downstream of Hunt
                                       Road.
                                      Approximately 124 feet          None          +98
                                       downstream of Hunt
                                       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
Borough of Interlaken
Maps are available for inspection at Interlaken Borough Hall, 100 Grasmere Avenue, Interlaken, NJ.

Borough of Keansburg

[[Page 30359]]


Maps are available for inspection at Keansburg Borough Municipal Building, 29 Church Street, Keansburg, NJ.

Borough of Little Silver
Maps are available for inspection at Little Silver Borough Hall, 480 Prospect Avenue, Little Silver, NJ.

Borough of Manasquan
Maps are available for inspection at Manasquan Borough Municipal Building, 201 East Main Street, Manasquan, NJ.

Borough of Neptune City
Maps are available for inspection at Borough of Neptune City Municipal Building, 106 West Sylvania Avenue,
 Neptune City, NJ.

Borough of Spring Lake Heights
Maps are available for inspection at Spring Lake Heights Borough Hall, 555 Brighton Avenue, Spring Lake Heights,
 NJ.

Borough of Tinton Falls
Maps are available for inspection at Tinton Falls Borough Municipal Building, 556 Tinton Avenue, Tinton Falls,
 NJ.

Borough of Union Beach
Maps are available for inspection at Union Beach Borough Municipal Building, 650 Poole Avenue, Union Beach, NJ.

City of Asbury Park
Maps are available for inspection at City of Asbury Park Municipal Building, One Municipal Plaza, Asbury Park,
 NJ.

Township of Colts Neck
Maps are available for inspection at Colts Neck Town Hall, 124 Cedar Drive, Colts Neck, NJ.

Township of Hazlet
Maps are available for inspection at Hazlet Township Municipal Building, 1766 Union Avenue, Hazlet, NJ.

Township of Holmdel
Maps are available for inspection at Holmdel Township Hall, 4 Crawfords Corner Road, Holmdel, NJ.

Township of Howell
Maps are available for inspection at Howell Township Municipal Building, 251 Preventorium Road, Howell, NJ.

Township of Manalapan
Maps are available for inspection at Manalapan Township Municipal Building, 120 Route 522 & Taylors Mill Road,
 Manalapan, NJ.

Township of Middletown
Maps are available for inspection at Middletown Township Municipal Building, One Kings Highway, Middletown, NJ.

Township of Millstone
Maps are available for inspection at Millstone Township Municipal Building, 470 Stage Coach Road, Millstone, NJ.

Township of Upper Freehold
Maps are available for inspection at Upper Freehold Township Municipal Building, 314 Route 539, Cream Ridge, NJ.
----------------------------------------------------------------------------------------------------------------

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

    Dated: May 15, 2008.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance 
Program, Department of Homeland Security, Federal Emergency Management 
Agency.
 [FR Doc. E8-11692 Filed 5-23-08; 8:45 am]

BILLING CODE 9110-12-P
