Proposed Flood Elevation Determinations, 10466-10470 [E7-4153]
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10466
Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Proposed Rules
(3) A decision that will be final for the
Department unless a notice of appeal is
filed in accordance with § 4.411.
(b) The administrative law judge will
promptly send to the Board the record
and:
(1) The proposed findings;
(2) The recommended decision; or
(3) The final decision if a timely
notice of appeal is filed.
(c) The parties will have 30 days from
service of proposed findings or a
recommended decision to file
exceptions with the Board.
14. Revise § 4.478(a) to read as
follows:
§ 4.478 Appeals to the Board of Land
Appeals; judicial review.
(a) Any person who has a right of
appeal under § 4.410 or other applicable
regulation may appeal to the Board from
an order of an administrative law judge
granting or denying a petition for a stay
in accordance with § 4.411.
*
*
*
*
*
Subpart L—Special Rules Applicable
to Surface Mining Hearings and
Appeals
15. The authority citation for Part 4,
Subpart L, continues to read as follows:
Authority: 30 U.S.C. 1256, 1260, 1261,
1264, 1268, 1271, 1272, 1275, 1293; 5 U.S.C.
301
16. Add § 4.1117 to subpart L to read
as follows:
§ 4.1117
Reconsideration.
A party may file a petition for
reconsideration of any decision of the
Board under this subpart within 60 days
after the date of the decision. The
provisions of § 4.403 apply to a petition
filed under this paragraph.
17. Revise § 4.1270(f) to read as
follows:
§ 4.1270 Petition for discretionary review
of a proposed civil penalty.
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*
*
*
*
*
(f) If the petition is granted, the rules
in §§ 4.1273 through 4.1275 are
applicable, and the Board must use the
point system and conversion table
contained in 30 CFR part 723 or 845 in
recalculating assessments. However, the
Board has the same authority to waive
the civil penalty formula as that granted
to administrative law judges in
§ 4.1157(b)(1). If the petition is denied,
the decision of the administrative law
judge is final for the Department, subject
to § 4.5.
§ 4.1276
[Removed]
18. Remove § 4.1276.
19. Revise § 4.1286 to read as follows:
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§ 4.1286 Motion for a hearing on an appeal
involving issues of fact.
(a) Any party may file a motion that
the Board refer a case to an
administrative law judge for a hearing.
The motion must state:
(1) What specific material issues of
fact require a hearing;
(2) What evidence concerning these
issues must be presented by oral
testimony, or be subject to crossexamination;
(3) What witnesses need to be
examined; and
(4) What documentary evidence
requires explanation, if any.
(b) In response to a motion under
paragraph (a) of this section or on its
own initiative, the Board may order a
hearing if:
(1) There are any material issues of
fact which, if proven, would alter the
disposition of the appeal; or
(2) There are significant factual or
legal issues remaining to be decided and
the record without a hearing would be
insufficient for resolving them.
(c) If the Board orders a hearing, it
must:
(1) Specify the issues of fact upon
which the hearing is to be held; and
(2) Request the administrative law
judge to issue:
(i) Proposed findings of fact on the
issues presented at the hearing;
(ii) A recommended decision that
includes findings of fact and
conclusions of law; or
(iii) A decision that will be final for
the Department unless a notice of
appeal is filed in accordance with
§ 4.411 within 30 days of the date of
receipt of the decision.
(d) If the Board orders a hearing, it
may:
(1) Suspend the effectiveness of the
decision under review pending a final
Departmental decision on the appeal if
it finds good cause to do so;
(2) Authorize the administrative law
judge to specify additional issues; or
(3) Authorize the parties to agree to
additional issues that are material, with
the approval of the administrative law
judge.
(e) The hearing will be conducted
under §§ 4.1100, 4.1102 through 4.1115,
4.1121 through 4.1127, and 4.1130
through 4.1141.
[FR Doc. E7–3774 Filed 3–7–07; 8:45 am]
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DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 67
[Docket No. FEMA–B–7710]
Proposed Flood Elevation
Determinations
Federal Emergency
Management Agency, DHS.
ACTION: Proposed rule.
AGENCY:
SUMMARY: Technical information or
comments are requested on the
proposed Base (1% annual chance)
Flood Elevations (BFEs) and proposed
BFEs modifications for the communities
listed below. The BFEs are the basis for
the floodplain management measures
that the community is required either to
adopt or to show evidence of being
already in effect in order to qualify or
remain qualified for participation in the
National Flood Insurance Program
(NFIP).
DATES: The comment period is ninety
(90) days following the second
publication of this proposed rule in a
newspaper of local circulation in each
community.
ADDRESSES: The proposed BFEs for each
community are available for inspection
at the office of the Chief Executive
Officer of each community. The
respective addresses are listed in the
table below.
FOR FURTHER INFORMATION CONTACT:
William R. Blanton, Jr., Engineering
Management Section, Mitigation
Division, Federal Emergency
Management Agency, 500 C Street, SW.,
Washington, DC 20472, (202) 646–3151.
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
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Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Proposed Rules
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.
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.
As flood elevation determinations are
not within the scope of the Regulatory
Flexibility Act, 5 U.S.C. 601–612, a
Flooding source(s)
List of Subjects in 44 CFR Part 67
regulatory flexibility analysis is not
required.
Regulatory Classification
This proposed rule is not a significant
regulatory action under the criteria of
section 3(f) of Executive Order 12866 of
September 30, 1993, Regulatory
Planning and Review, 58 FR 51735.
Executive Order 13132, Federalism
This proposed rule involves no
policies that have federalism
implications under Executive Order
13132.
Regulatory Flexibility Act
Executive Order 12988, Civil Justice
Reform
This proposed rule meets the
applicable standards of Executive Order
12988.
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.
§ 67.4
[Amended]
2. The table published under the
authority of § 67.4 are proposed to be
amended as follows:
* Elevation in feet (NGVD)
+ Elevation in feet (NAVD)
# Depth in feet above
ground
Location of referenced elevation
10467
Effective
Communities affected
Modified
Del Norte County, California and Incorporated Areas
Middle Fork Smith River .......
Smith River (Gasquet
Reach)—North Fork Smith
River.
Smith River (Hiouchi Reach)
At the Confluence with Smith River .............................
None
+360
Approximately 1.8 miles Upstream of Horace Gasquet
Memorial Bridge.
Approximately 300 feet Upstream of Mary Adams Memorial Road/US Highway 99.
None
+432
None
+304
Approximately 4000 feet Upstream of Confluence
With Middle Fork Smith River.
Approximately 2000 feet Upstream of U.S. Highway
101.
Approximately 100 feet Downstream of South Fork
Road.
None
+379
None
+47
None
Del Norte County (Unincorporated Areas).
+152
Del Norte County (Unincorporated Areas).
Del Norte County (Unincorporated Areas).
* National Geodetic Vertical Datum.
# Depth in feet above ground.
+ North American Vertical Datum.
ADDRESSES
Del Norte County (Unincorporated Areas)
Maps are available for inspection at 981 H Street, Suite 110, Crescent City, CA 95531.
Send comments to The Honorable David Finigan, Chairperson, 981 H Street, Suite 200, Crescent City, CA 95531.
Hopkins County, Kentucky and Incorporated Areas
Clear Creek ...........................
Approximately 1450 feet downstream of KY 2171 ......
None
+399
None
+418
Clear Creek Tributary ...........
Approximately 140 feet upstream of West Thompson
Avenue.
Confluence with Clear Creek .......................................
Approximately 50 feet downstream of Loch Mary Reservoir.
Confluence with Pond River .........................................
None
None
+405
+422
City of Earlington.
None
+387
Hopkins County (Unincorporated Areas).
Approximately 8600 feet downstream of Brown Road
Approximately 750 feet downstream of Island Ford
Road.
Approximately 320 feet downstream of Fowler Road ..
Approximately 100 feet upstream of confluence with
Elk Creek Tributary 5.1.
None
None
+387
+406
None
None
+412
+403
Approximately 450 feet upstream of Island Park Drive
None
+425
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Elk Creek ..............................
Tributary 10.5 .................
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City of Earlington, Hopkins
County (Unincorporated
Areas).
City of Madisonville, Hopkins County (Unincorporated Areas).
10468
Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Proposed Rules
Flooding source(s)
* Elevation in feet (NGVD)
+ Elevation in feet (NAVD)
# Depth in feet above
ground
Location of referenced elevation
Effective
Communities affected
Modified
Tributary 4 ......................
Confluence with Elk Creek ...........................................
None
+412
None
+439
Tributary 5.1 ...................
Approximately 120 feet downstream of Stagecoach
Road.
Approximately 1660 feet downstream of McGrew
Lane.
None
+400
Approximately 170 feet upstream of Edward T.
Breathitt Parkway.
Confluence with Pond River .........................................
None
+426
None
+387
Hopkins County (Unincorporated Areas).
Approximately 5300 feet upstream of Vandetta Road
Approximately 580 feet downstream of North Hopkinsville Street.
Approximately 1550 feet upstream of Seaboard System Railroad.
Confluence with Otter Creek ........................................
*386
None
+387
+406
City of Nortonville.
None
+411
None
+387
Approximately 14,570 feet upstream of Anton Road ...
None
+387
Otter Creek ...........................
Pleasant Run ........................
Pond River ............................
City of Madisonville, Hopkins County (Unincorporated Areas).
City of Madisonville, Hopkins County (Unincorporated Areas).
Hopkins County (Unincorporated Areas).
* National Geodetic Vertical Datum.
# Depth in feet above ground.
+ North American Vertical Datum.
ADDRESSES
City of Earlington
Maps are available for inspection at 56 North Main Street, Madisonville, KY 42431.
Send comments to The Honorable Michael Seiber, Mayor, City of Earlington, 103 West Main Street, Earlington, KY 42410.
City of Madisonville
Maps are available for inspection at 56 North Main Street, Madisonville, KY 42431.
Send comments to The Honorable William Cox, Jr., Mayor, City of Madisonville, 37 East Center Street, Madisonville, KY 42431.
City of Nortonville
Maps are available for inspection at 56 North Main Street, Madisonville, KY 42431.
Send comments to The Honorable James Noel, Mayor, City of Nortonville, 199 South Main Street, Nortonville, KY 42442.
Hopkins County (Unincorporated Areas)
Maps are available for inspection at 56 North Main Street, Madisonville, KY 42431.
Send comments to The Honorable Donald Carroll, Judge Executive, Hopkins County, Hopkins County Government Building, P.O. Box 523,
Madisonville, KY 42431.
Webb County, Texas and Incorporated Areas
Confluence with Rio Grande ........................................
*387
+394
+453
*387
*429
+394
+422
City of Laredo.
Tributary 2 ......................
Approximately 2000 feet downstream from confluence
with Casa Blanca Lake.
Confluence with Chacon Creek ....................................
Approximately 250 feet upstream from intersection
with Chestnut.
Confluence with Chacon Creek ....................................
None
Tributary 1 ......................
*396
+394
City of Laredo, Webb
County (Unincorporated
Areas).
Tributary 3 ......................
Approximately 1500 feet downstream from Loop 20 ...
Confluence with Chacon Creek ....................................
None
None
+398
+436
Approximately 2500 feet upstream from the intersection with Highway 59.
Confluence with Rio Grande ........................................
Intersection with Logistic Road ....................................
Confluence with Las Manadas Creek ..........................
None
+444
Deer Creek ............................
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Chacon Creek .......................
None
None
*402
+411
+476
+410
Approximately 2000 feet upstream from intersection
with FM 3464.
Confluence with Rio Grande ........................................
None
+486
*402
+408
Dellwood Tributary (Previously Las Manadas
Creek Tributary 1).
Las Manadas Creek ..............
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City of Laredo, Webb
County (Unincorporated
Areas).
City of Laredo, Webb
County (Unincorporated
Areas).
City of Laredo.
City of Laredo, Webb
County (Unincorporated
Areas).
City of Laredo, Webb
County (Unincorporated
Areas).
Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Proposed Rules
Flooding source(s)
* Elevation in feet (NGVD)
+ Elevation in feet (NAVD)
# Depth in feet above
ground
Location of referenced elevation
Effective
10469
Communities affected
Modified
Approximately 1750 feet upstream from intersection
with Loop 20.
Confluence with Las Manadas Creek ..........................
None
+552
*403
+412
Approximately 200
Drive.
Confluence with Las
Approximately 1200
ford.
Confluence with Las
feet upstream from Springfield
None
+468
Manadas Creek Tributary 1 ........
feet upstream from Dover/Strat-
None
None
+430
+464
City of Laredo.
Manadas Creek ..........................
*411
+418
City of Laredo, Webb
County (Unincorporated
Areas).
Approximately 5050 feet upstream from intersection
with FM 3464.
Confluence with Las Manadas Creek Tributary 2 ........
Approximately 3225 feet upstream from confluence
with Las Manadas Creek Tributary 2.
Approximately 1750 feet upstream from intersection
with Riverhill Road.
None
+489
None
None
+447
+459
City of Laredo.
None
+391
City of Laredo, Webb
County (Unincorporated
Areas).
Tex-Mex Railroad Tributary ..
Confluence with Deer Creek ........................................
Confluence with Chacon Creek ....................................
None
*402
+411
+400
None
+423
Zacate Creek ........................
Approximately 1250 feet upstream from intersection
with Tex-Mex Railroad.
Approximately 250 feet downstream from the intersection with Mexican Railroad.
Confluence with Rio Grande ........................................
*395
+396
*388
+399
Tributary 1 ......................
Tributary 1A ...................
Tributary 2 (Formerly
Las Manadas Creek
Tributary 3).
Tributary 2A ...................
Rio Grande ............................
City of Laredo, Webb
County (Unincorporated
Areas).
City of Laredo, Webb
County (Unincorporated
Areas).
City of Laredo.
* National Geodetic Vertical Datum.
# Depth in feet above ground.
+ North American Vertical Datum.
ADDRESSES
City of Laredo
Maps are available for inspection at 1120 San Bernardo, Laredo, TX 78042.
Send comments to The Honorable Raul G. Salinas, Mayor, City of Laredo, 1110 Houson Street, Laredo, TX 78040.
Webb County (Unincorporated Areas)
Maps are available for inspection at 1110 Washington Street, Suite 302, Laredo, TX 78040.
Send comments to The Honorable Danny Valdez, County Judge, 1000 Houston, 3rd Flood, Webb County Courthouse, Laredo, TX 78040.
Clark County, Washington and Incorporated Areas
Burnt Bridge Creek ...............
Just upstream of Interstate 205 ...................................
*189
+192
*196
+200
China Ditch ...........................
Approximately 1200 feet upstream of NE 152nd Avenue.
Just upstream of NE Ward Road .................................
None
+252
Approximately 2200 feet upstream of NE 144th Street
At confluence with Salmon Creek ................................
None
None
+275
+172
Dead Lake .............................
Just upstream of Anderson Road ................................
Near NE Everett Street/WA State Hwy 500 .................
None
None
+260
+191
Fifth Plain Creek ...................
Near NE Lake Road .....................................................
Upstream side of NE 4th Plain Boulevard ...................
None
None
+191
+215
None
*25
+342
+27
Lacamas Creek .....................
About 0.7 mile above NE Davis Road .........................
About 0.14 mile upstream of Main Street, at N Main
Avenue in Ridgefield.
Approximately 0.5 mile upstream of Interstate 5 .........
At confluence with Washougal River ...........................
None
None
+315
+35
Lacamas Lake .......................
Just downstream of NE Goodwin Road .......................
At SE Everett Road/WA State Hwy 500 ......................
None
None
+193
+191
At NE 232nd Avenue/NE Leadbetter Road .................
None
+191
Curtin Creek (Glenwood
Creek).
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Gee Creek .............................
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Clark County (Unincorporated Areas).
City of Vancouver.
Clark County (Unincorporated Areas).
Clark County (Unincorporated Areas).
Clark County (Unincorporated Areas).
Clark County (Unincorporated Areas).
City of Vancouver.
Clark County (Unincorporated Areas).
Town of Ridgefield.
Clark County (Unincorporated Areas).
City of Camas.
Clark County (Unincorporated Areas).
10470
Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Proposed Rules
Flooding source(s)
* Elevation in feet (NGVD)
+ Elevation in feet (NAVD)
# Depth in feet above
ground
Location of referenced elevation
Effective
Communities affected
Modified
Mill Creek ..............................
At confluence with Salmon Creek ................................
None
+137
Weaver Creek .......................
Just downstream of NW 20th Avenue .........................
At confluence with Salmon Creek ................................
None
None
+279
+210
Approximately 400 feet west of NE 167th Avenue ......
None
+345
Clark County (Unincorporated Areas).
City of Battle Ground.
Clark County (Unincorporated Areas).
City of Battle Ground.
* National Geodetic Vertical Datum.
# Depth in feet above ground.
+ North American Vertical Datum.
ADDRESSES
City of Battle Ground
Maps are available for inspection at 109 Southwest First Street, Suite 127, Battle Ground, WA 98604–2818.
Send comments to The Honorable John Idsinga, Mayor, City of Battle Ground, 109 Southwest First Street, Suite 220, Battle Ground, WA
98604.
City of Camas
Maps are available for inspection at 616 Northeast Fourth Avenue, Camas, WA 98607.
Send comments to The Honorable Paul Dennis, Mayor, City of Camas, 616 Northeast Fourth Avenue, Camas, WA 98607.
City of Vancouver
Maps are available for inspection at c/o Chad Eiken, 313 Main Street, Vancouver, WA 98665.
Send comments to The Honorable Royce Pollard, Mayor, City of Vancouver, 210 East 13th Street, Vancouver, WA 98668.
Town of Ridgefield
Maps are available for inspection at 127 North Main Avenue, Ridgefield, WA 98642.
Send comments to The Honorable Gladys Doriot, Mayor, City of Ridgefield, P.O. Box 608, Ridgefield, WA 98642.
Clark County (Unincorporated Areas)
Maps are available for inspection at 1300 Franklin Street, Third Floor, Vancouver, WA 98666–8810.
Send comments to The Honorable Bill Barron, County Administrator, Clark County, P.O. Box 5000, Vancouver, WA 98666–5000.
(Catalog of Federal Domestic Assistance No.
83.100, ‘‘Flood Insurance.’’)
Dated: March 1, 2007.
David I. Maurstad,
Director, Mitigation Division, Federal
Emergency Management Agency, Department
of Homeland Security.
[FR Doc. E7–4153 Filed 3–7–07; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 67
[Docket No. FEMA–B–7709]
Proposed Flood Elevation
Determinations
Federal Emergency
Management Agency, DHS.
ACTION: Proposed rule.
pwalker on PROD1PC71 with PROPOSALS
AGENCY:
SUMMARY: Technical information or
comments are requested on the
proposed Base (1% annual chance)
Flood Elevations (BFEs) and proposed
BFEs modifications for the communities
listed below. The BFEs are the basis for
the floodplain management measures
VerDate Aug<31>2005
18:51 Mar 07, 2007
Jkt 211001
that the community is required either to
adopt or to show evidence of being
already in effect in order to qualify or
remain qualified for participation in the
National Flood Insurance Program
(NFIP).
DATES: The comment period is ninety
(90) days following the second
publication of this proposed rule in a
newspaper of local circulation in each
community.
ADDRESSES: The proposed BFEs for each
community are available for inspection
at the office of the Chief Executive
Officer of each community. The
respective addresses are listed in the
table below.
FOR FURTHER INFORMATION CONTACT:
William R. Blanton, Jr., Engineering
Management Section, Mitigation
Division, Federal Emergency
Management Agency, 500 C Street, SW.,
Washington, DC 20472, (202) 646–3151.
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
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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.
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.
E:\FR\FM\08MRP1.SGM
08MRP1
]]>Agencies
[Federal Register Volume 72, Number 45 (Thursday, March 8, 2007)]
[Proposed Rules]
[Pages 10466-10470]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-4153]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 67
[Docket No. FEMA-B-7710]
Proposed Flood Elevation Determinations
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: Technical information or comments are requested on the
proposed Base (1% annual chance) Flood Elevations (BFEs) and proposed
BFEs modifications for the communities listed below. The BFEs are the
basis for the floodplain management measures that the community is
required either to adopt or to show evidence of being already in effect
in order to qualify or remain qualified for participation in the
National Flood Insurance Program (NFIP).
DATES: The comment period is ninety (90) days following the second
publication of this proposed rule in a newspaper of local circulation
in each community.
ADDRESSES: The proposed BFEs for each community are available for
inspection at the office of the Chief Executive Officer of each
community. The respective addresses are listed in the table below.
FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Engineering
Management Section, Mitigation Division, Federal Emergency Management
Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3151.
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
[[Page 10467]]
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.
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.
Regulatory Classification
This proposed rule is not a significant regulatory action under the
criteria of section 3(f) of Executive Order 12866 of September 30,
1993, Regulatory Planning and Review, 58 FR 51735.
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 table 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
----------------------------------------------------------------------------------------------------------------
Del Norte County, California and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Middle Fork Smith River............. At the Confluence with None +360 Del Norte County
Smith River. (Unincorporated
Areas).
Approximately 1.8 miles None +432
Upstream of Horace
Gasquet Memorial
Bridge.
Smith River (Gasquet Reach)--North Approximately 300 feet None +304 Del Norte County
Fork Smith River. Upstream of Mary Adams (Unincorporated
Memorial Road/US Areas).
Highway 99.
Approximately 4000 feet None +379
Upstream of Confluence
With Middle Fork Smith
River.
Smith River (Hiouchi Reach)......... Approximately 2000 feet None +47 Del Norte County
Upstream of U.S. (Unincorporated
Highway 101. Areas).
Approximately 100 feet None +152
Downstream of South
Fork Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
Depth in feet above ground.
+ North American Vertical Datum.
ADDRESSES
Del Norte County (Unincorporated Areas)
Maps are available for inspection at 981 H Street, Suite 110, Crescent City, CA 95531.
Send comments to The Honorable David Finigan, Chairperson, 981 H Street, Suite 200, Crescent City, CA 95531.
----------------------------------------------------------------------------------------------------------------
Hopkins County, Kentucky and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Clear Creek......................... Approximately 1450 feet None +399 City of Earlington,
downstream of KY 2171. Hopkins County
(Unincorporated
Areas).
Approximately 140 feet None +418
upstream of West
Thompson Avenue.
Clear Creek Tributary............... Confluence with Clear None +405 City of Earlington.
Creek.
Approximately 50 feet None +422
downstream of Loch
Mary Reservoir.
Elk Creek........................... Confluence with Pond None +387 Hopkins County
River. (Unincorporated
Areas).
Approximately 8600 feet None +387
downstream of Brown
Road.
Approximately 750 feet None +406
downstream of Island
Ford Road.
Approximately 320 feet None +412
downstream of Fowler
Road.
Tributary 10.5.................. Approximately 100 feet None +403 City of Madisonville,
upstream of confluence Hopkins County
with Elk Creek (Unincorporated
Tributary 5.1. Areas).
Approximately 450 feet None +425
upstream of Island
Park Drive.
[[Page 10468]]
Tributary 4..................... Confluence with Elk None +412 City of Madisonville,
Creek. Hopkins County
(Unincorporated
Areas).
Approximately 120 feet None +439
downstream of
Stagecoach Road.
Tributary 5.1................... Approximately 1660 feet None +400 City of Madisonville,
downstream of McGrew Hopkins County
Lane. (Unincorporated
Areas).
Approximately 170 feet None +426
upstream of Edward T.
Breathitt Parkway.
Otter Creek......................... Confluence with Pond None +387 Hopkins County
River. (Unincorporated
Areas).
Approximately 5300 feet *386 +387
upstream of Vandetta
Road.
Pleasant Run........................ Approximately 580 feet None +406 City of Nortonville.
downstream of North
Hopkinsville Street.
Approximately 1550 feet None +411
upstream of Seaboard
System Railroad.
Pond River.......................... Confluence with Otter None +387 Hopkins County
Creek. (Unincorporated
Areas).
Approximately 14,570 None +387
feet upstream of Anton
Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
Depth in feet above ground.
+ North American Vertical Datum.
ADDRESSES
City of Earlington
Maps are available for inspection at 56 North Main Street, Madisonville, KY 42431.
Send comments to The Honorable Michael Seiber, Mayor, City of Earlington, 103 West Main Street, Earlington, KY
42410.
City of Madisonville
Maps are available for inspection at 56 North Main Street, Madisonville, KY 42431.
Send comments to The Honorable William Cox, Jr., Mayor, City of Madisonville, 37 East Center Street,
Madisonville, KY 42431.
City of Nortonville
Maps are available for inspection at 56 North Main Street, Madisonville, KY 42431.
Send comments to The Honorable James Noel, Mayor, City of Nortonville, 199 South Main Street, Nortonville, KY
42442.
Hopkins County (Unincorporated Areas)
Maps are available for inspection at 56 North Main Street, Madisonville, KY 42431.
Send comments to The Honorable Donald Carroll, Judge Executive, Hopkins County, Hopkins County Government
Building, P.O. Box 523, Madisonville, KY 42431.
----------------------------------------------------------------------------------------------------------------
Webb County, Texas and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Chacon Creek........................ Confluence with Rio *387 +394 City of Laredo, Webb
Grande. County (Unincorporated
Areas).
Approximately 2000 feet None +453
downstream from
confluence with Casa
Blanca Lake.
Tributary 1..................... Confluence with Chacon *387 +394 City of Laredo.
Creek.
Approximately 250 feet *429 +422
upstream from
intersection with
Chestnut.
Tributary 2..................... Confluence with Chacon *396 +394 City of Laredo, Webb
Creek. County (Unincorporated
Areas).
Approximately 1500 feet None +398
downstream from Loop
20.
Tributary 3.................... Confluence with Chacon None +436 City of Laredo, Webb
Creek. County (Unincorporated
Areas).
Approximately 2500 feet None +444
upstream from the
intersection with
Highway 59.
Deer Creek.......................... Confluence with Rio None +411 City of Laredo.
Grande.
Intersection with None +476
Logistic Road.
Dellwood Tributary (Previously Las Confluence with Las *402 +410 City of Laredo, Webb
Manadas Creek Tributary 1). Manadas Creek. County (Unincorporated
Areas).
Approximately 2000 feet None +486
upstream from
intersection with FM
3464.
Las Manadas Creek................... Confluence with Rio *402 +408 City of Laredo, Webb
Grande. County (Unincorporated
Areas).
[[Page 10469]]
Approximately 1750 feet None +552
upstream from
intersection with Loop
20.
Tributary 1..................... Confluence with Las *403 +412 City of Laredo, Webb
Manadas Creek. County (Unincorporated
Areas).
Approximately 200 feet None +468
upstream from
Springfield Drive.
Tributary 1A.................... Confluence with Las None +430 City of Laredo.
Manadas Creek
Tributary 1.
Approximately 1200 feet None +464
upstream from Dover/
Stratford.
Tributary 2 (Formerly Las Confluence with Las *411 +418 City of Laredo, Webb
Manadas Creek Tributary 3). Manadas Creek. County (Unincorporated
Areas).
Approximately 5050 feet None +489
upstream from
intersection with FM
3464.
Tributary 2A.................... Confluence with Las None +447 City of Laredo.
Manadas Creek
Tributary 2.
Approximately 3225 feet None +459
upstream from
confluence with Las
Manadas Creek
Tributary 2.
Rio Grande.......................... Approximately 1750 feet None +391 City of Laredo, Webb
upstream from County (Unincorporated
intersection with Areas).
Riverhill Road.
Confluence with Deer None +411
Creek.
Tex-Mex Railroad Tributary.......... Confluence with Chacon *402 +400 City of Laredo, Webb
Creek. County (Unincorporated
Areas).
Approximately 1250 feet None +423
upstream from
intersection with Tex-
Mex Railroad.
Zacate Creek........................ Approximately 250 feet *395 +396 City of Laredo.
downstream from the
intersection with
Mexican Railroad.
Confluence with Rio *388 +399
Grande.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
Depth in feet above ground.
+ North American Vertical Datum.
ADDRESSES
City of Laredo
Maps are available for inspection at 1120 San Bernardo, Laredo, TX 78042.
Send comments to The Honorable Raul G. Salinas, Mayor, City of Laredo, 1110 Houson Street, Laredo, TX 78040.
Webb County (Unincorporated Areas)
Maps are available for inspection at 1110 Washington Street, Suite 302, Laredo, TX 78040.
Send comments to The Honorable Danny Valdez, County Judge, 1000 Houston, 3rd Flood, Webb County Courthouse,
Laredo, TX 78040.
----------------------------------------------------------------------------------------------------------------
Clark County, Washington and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Burnt Bridge Creek.................. Just upstream of *189 +192 Clark County
Interstate 205. (Unincorporated
Areas).
Approximately 1200 feet *196 +200 City of Vancouver.
upstream of NE 152nd
Avenue.
China Ditch......................... Just upstream of NE None +252 Clark County
Ward Road. (Unincorporated
Areas).
Approximately 2200 feet None +275
upstream of NE 144th
Street.
Curtin Creek (Glenwood Creek)....... At confluence with None +172 Clark County
Salmon Creek. (Unincorporated
Areas).
Just upstream of None +260
Anderson Road.
Dead Lake........................... Near NE Everett Street/ None +191 Clark County
WA State Hwy 500. (Unincorporated
Areas).
Near NE Lake Road...... None +191
Fifth Plain Creek................... Upstream side of NE 4th None +215 Clark County
Plain Boulevard. (Unincorporated
Areas).
About 0.7 mile above NE None +342 City of Vancouver.
Davis Road.
Gee Creek........................... About 0.14 mile *25 +27 Clark County
upstream of Main (Unincorporated
Street, at N Main Areas).
Avenue in Ridgefield.
Approximately 0.5 mile None +315 Town of Ridgefield.
upstream of Interstate
5.
Lacamas Creek....................... At confluence with None +35 Clark County
Washougal River. (Unincorporated
Areas).
Just downstream of NE None +193 City of Camas.
Goodwin Road.
Lacamas Lake........................ At SE Everett Road/WA None +191 Clark County
State Hwy 500. (Unincorporated
Areas).
At NE 232nd Avenue/NE None +191
Leadbetter Road.
[[Page 10470]]
Mill Creek.......................... At confluence with None +137 Clark County
Salmon Creek. (Unincorporated
Areas).
Just downstream of NW None +279 City of Battle Ground.
20th Avenue.
Weaver Creek........................ At confluence with None +210 Clark County
Salmon Creek. (Unincorporated
Areas).
Approximately 400 feet None +345 City of Battle Ground.
west of NE 167th
Avenue.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
Depth in feet above ground.
+ North American Vertical Datum.
ADDRESSES
City of Battle Ground
Maps are available for inspection at 109 Southwest First Street, Suite 127, Battle Ground, WA 98604-2818.
Send comments to The Honorable John Idsinga, Mayor, City of Battle Ground, 109 Southwest First Street, Suite
220, Battle Ground, WA 98604.
City of Camas
Maps are available for inspection at 616 Northeast Fourth Avenue, Camas, WA 98607.
Send comments to The Honorable Paul Dennis, Mayor, City of Camas, 616 Northeast Fourth Avenue, Camas, WA 98607.
City of Vancouver
Maps are available for inspection at c/o Chad Eiken, 313 Main Street, Vancouver, WA 98665.
Send comments to The Honorable Royce Pollard, Mayor, City of Vancouver, 210 East 13th Street, Vancouver, WA
98668.
Town of Ridgefield
Maps are available for inspection at 127 North Main Avenue, Ridgefield, WA 98642.
Send comments to The Honorable Gladys Doriot, Mayor, City of Ridgefield, P.O. Box 608, Ridgefield, WA 98642.
Clark County (Unincorporated Areas)
Maps are available for inspection at 1300 Franklin Street, Third Floor, Vancouver, WA 98666-8810.
Send comments to The Honorable Bill Barron, County Administrator, Clark County, P.O. Box 5000, Vancouver, WA
98666-5000.
----------------------------------------------------------------------------------------------------------------
(Catalog of Federal Domestic Assistance No. 83.100, ``Flood
Insurance.'')
Dated: March 1, 2007.
David I. Maurstad,
Director, Mitigation Division, Federal Emergency Management Agency,
Department of Homeland Security.
[FR Doc. E7-4153 Filed 3-7-07; 8:45 am]
BILLING CODE 9110-12-P
