[Federal Register: November 1, 2007 (Volume 72, Number 211)] [Proposed Rules] [Page 61850-61854] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr01no07-20] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [ Docket No. FEMA-B-7742 & FEMA-D-7828] Proposed Flood Elevation Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: Comments are requested on the proposed Base (1 percent annual- chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed in the table below. The purpose of this notice is to seek general information and comment regarding the proposed regulatory flood elevations for the reach described by the downstream and upstream locations in the table below. The BFEs and modified BFEs are a part of the floodplain management measures that the community is required either to adopt or show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). In addition, these elevations, once finalized, will be used by insurance agents, and others to calculate appropriate flood insurance premium rates for new buildings and the contents in those buildings. DATES: Comments are to be submitted on or before January 30, 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-7742, 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: [[Page 61851]] 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 ---------------------------------------------------------------------------------------------------------------- Riverside County, California and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Colorado River...................... At the downstream None + 244 Colorado River Indian corporate limits of Tribe, Unincorporated Riverside County. Areas of Riverside County. At the upstream None + 338 corporate limits of Riverside County. ---------------------------------------------------------------------------------------------------------------- * 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. Colorado River Indian Tribe Maps are available for inspection at the Colorado River Indian Tribal Offices, 26600 Mohave Road, Parker, Arizona. Unincorporated Areas of Riverside County Maps are available for inspection at the Riverside County Flood Control District Office, 1995 Market Street, Riverside, California. ---------------------------------------------------------------------------------------------------------------- San Bernardino County, California and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Colorado River...................... At the downstream None + 338 City of Needles, corporate limits of Colorado River Indian San Bernardino County. Tribe, Fort Mojave Indian Tribe, Unincorporated Areas of San Bernardino. At the upstream None + 485 corporate limits of San Bernardino County. Hooke Creek......................... At confluence with Fern None + 4,877 Unincorporated Areas of Canyon. San Bernardino County. Approximately 500 feet None + 5,238 upstream of Hooke 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. City of Needles Maps are available for inspection at the Needles City Hall, 817 Third Street, Needles, California. Colorado River Indian Tribe Maps are available for inspection at the Colorado River Indian Tribal Offices, 26600 Mohave Road, Parker, Arizona. Fort Mojave Indian Tribe Maps are available for inspection at the Mohave Indian Tribal Offices, 500 Merriman Avenue, Needles, California. Unincorporated Areas of San Bernardino County Maps are available for inspection at the San Bernardino County Public Works Department, 825 East Third Street, San Bernardino, California. ---------------------------------------------------------------------------------------------------------------- Monroe County, New York, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- East Branch......................... At Northbridge Road.... + 379 + 380 Town of Greece. Larkin Creek........................ Approximately 1,440 None +456 feet upstream of St. Andrews Dam. East Branch Red Creek............... At confluence with +525 +523 Town of Henrietta. Middle Branch Red Creek. Approximately 2,400 +570 +572 feet upstream of Erie Station Road. East Branch Round Pond Creek........ At Ridgeway Road....... +474 +472 Town of Greece. [[Page 61852]] Approximately 2,900 +511 +515 feet upstream of Long Pond Road. East Branch Shipbuilders Creek...... At Railroad............ +321 +328 Town of Webster. Approximately 1,800 +426 +430 feet upstream of Dirt Track. East Branch Tributary Red Creek..... At confluence with East +529 +530 Town of Henrietta. Branch Red Creek. Approximately 150 feet +575 +574 upstream of East Henrietta Road. East Stem Middle Branch Red Creek... At confluence with +525 +524 Town of Henrietta. Middle Branch Red Creek and West Stem Middle Branch Red Creek. Approximately 150 feet +579 +578 upstream of Erie Station Road. Irondequoit Creek Reach 1........... Approximately 387 feet None +357 Village of East downstream of Linden Rochester, Town of Avenue. Perinton. Approximately 1,600 None +380 feet upstream of Ontario Street. Larkin Creek........................ At approximately 20 +253 +255 Town of Greece, Town of feet upstream of Lake Ogden. Ontario State Parkway. Approximately 430 feet None +464 upstream of Black Forest Drive in Town of Ogden. Middle Branch Red Creek............. At confluence with Red +525 +523 Town of Henrietta. Creek and East Branch Red Creek. At confluence with East +525 +524 and West Stem Middle Branch Red Creek. Northrup Creek...................... At Flynn Road.......... +250 +249 Town of Greece, Town of Ogden, Town of Parma, Village of Spencerport. Approximately 612 feet None +593 upstream of Wood Duck Run. Red Creek........................... At confluence with Erie +517 +514 Town of Henrietta, City Canal. of Rochester, Town of Brighton. At confluence with +525 +523 Middle and East Branch Red Creek. Round Pond Creek Reach 1............ At Island Cottage Road. +256 +257 Town of Greece. Approximately 4,400 +459 +461 feet downstream of Flood Control Dam. South Stem East Branch Tributary Red At confluence with East +554 +553 Town of Henrietta. Creek. Branch Tributary Red Creek. Approximately 42 feet +575 +582 upstream of East Henrietta Road. West Branch Red Creek............... At confluence with Red +520 +518 City of Rochester, Town Creek. of Brighton. At Bridge to Park Dump. +520 +519 West Stem Middle Branch Red Creek... At confluence with +525 +524 Town of Henrietta. Middle Branch Red Creek and East Stem Middle Branch Red Creek. Approximately 270 feet +560 +563 upstream of Erie Station 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 City of Rochester Maps are available for inspection at Rochester City Hall, 30 Church Street, Rochester, NY. Town of Brighton Maps are available for inspection at Brighton Town Hall, 2300 Elmwood Avenue, Rochester, NY. Town of Greece Maps are available for inspection at Greece Town Hall, 1 Vince Tofany Boulevard, Greece, NY. Town of Henrietta............................................................................................... Maps are available for inspection at Henrietta Town Hall, 475 Calkins Road, Henrietta, NY. Town of Ogden Maps are available for inspection at Ogden Town Hall, 269 Ogden Center Road, Spencerport, NY. Town of Parma Maps are available for inspection at Parma Town Hall, 1300 Hilton-Parma Corners Road, Hilton, NY. [[Page 61853]] Town of Perinton Maps are available for inspection at Perinton Town Hall, 1350 Turk Hill Road, Fairport, NY. Town of Webster Maps are available for inspection at Webster Town Hall, 1000 Ridge Road, Webster, NY. Village of East Rochester Maps are available for inspection at East Rochester Village Hall, 120 West Commercial Street, East Rochester, NY. Village of Spencerport Maps are available for inspection at Spencerport Village Building Department, 269 Ogden Center Road, Spencerport, NY. ---------------------------------------------------------------------------------------------------------------- Carroll County, Virginia, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Chestnut Creek...................... Approximately 2450 feet None +2298 Unincorporated Areas of downstream of Carroll County. Cliffview Road. Approximately 7500 feet None +2332 upstream of Cliffview 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 Carroll County Maps are available for inspection at Building Officials Office, 605-1 Pine Street, Hillsville, VA 24343. ---------------------------------------------------------------------------------------------------------------- Grayson County, Virginia, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Chestnut Creek...................... Near Sewage Treatment None +2332 Unincorporated Areas of Plant, just upstream Grayson County. of County Boundary. Near Sewage Treatment None +2335 Plant, approximately 375 feet downstream of old Railroad Bridge. ---------------------------------------------------------------------------------------------------------------- * 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 Grayson County Maps are available for inspection at County Administrators Office, 129 Davis Street, Independence, VA 24348. ---------------------------------------------------------------------------------------------------------------- None County, Virginia, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Chestnut Creek...................... Just upstream of None +2308 City of Galax. Cliffview Road. Approximately 7500 feet None +2332 ....................... upstream of Cliffview 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 City of Galax Maps are available for inspection at Galax Municipal Building, 111 East Grayson Street, Galax, VA 24333. ---------------------------------------------------------------------------------------------------------------- [[Page 61854]] (Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'') Dated: October 24, 2007. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E7-21540 Filed 10-31-07; 8:45 am] BILLING CODE 9110-12-P
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