Proposed Flood Elevation Determinations, 35956-35960 [E7-12692]
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35956
Federal Register / Vol. 72, No. 126 / Monday, July 2, 2007 / Proposed Rules
* Elevation in feet (NGVD)
+ Elevation in feet (NAVD)
# Depth in feet above
ground
Location of referenced
elevation
Flooding source(s)
Effective
Communities affected
Modified
Maps are available for inspection at Hendersonville City Hall, 145 Fifth Avenue East, Hendersonville, North Carolina.
Send comments to The Honorable Greg Newman, Mayor of the City of Hendersonville, P.O. Box 1670, Hendersonville, North Carolina 28793.
Town of Fletcher
Maps are available for inspection at Fletcher Town Hall, 4005 Hendersonville Road, Fletcher, North Carolina.
Send comments to The Honorable Mark Biberdors, Mayor of the Town of Fletcher, 4005 Hendersonville Road, Fletcher, North Carolina 28732.
Town of Laurel Park
Maps are available for inspection at Laurel Park Town Hall, 441 White Pine Drive, Laurel Park, North Carolina.
Send comments to The Honorable Henry T. Johnson, Mayor of the Town of Laurel Park, 441 White Pine Drive, Laurel Park, North Carolina
28739.
Town of Mills River
Maps are available for inspection at Mills River Town Hall, 5046 Boylston Highway, Suite 3, Mills River, North Carolina.
Send comments to The Honorable Roger Snyder, Mayor of the Town of Mills River, 5046 Boylston Highway, Suite 3, Mills River, North Carolina
28759.
Henderson County (Unincorporated Areas)
Maps are available for inspection at Henderson County Administration Building, 100 North King Street, Hendersonville, North Carolina.
Send comments to Mr. Steve Wyatt, Henderson County Manager, 100 North King Street, Hendersonville, North Carolina 28792.
Village of Flat Rock
Maps are available for inspection at Flat Rock Village Hall, 110 Village Center Drive, Flat Rock, North Carolina.
Send comments to The Honorable Ray E. Shaw, Jr., Mayor of the Village of Flat Rock, P.O. Box 1288, Flat Rock, North Carolina 28731.
Clinton County, Pennsylvania, and Incorporated Areas
Fishing Creek ........................
Approximately 550 feet downstream of Peale Avenue
+567
+569
Approximately 4420 feet upstream of Furnace Road
(Township Route 323).
+860
+862
Borough of Mill Hall,
Township of Bald Eagle.
Township of Lamar, Township of Porter.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.
ADDRESSES
Borough of Mill Hall
Maps are available for inspection at Beach Creek Avenue, Mill Hall, PA 17751.
Send comments to The Honorable Thomas E. Bettner, Mayor, Mill Hall Borough, 117 North Chestnut Street, Mill Hall, PA 17751.
Township of Bald Eagle
Maps are available for inspection at 604 Lusk Run Road, Mill Hall, PA 17751.
Send comments to Mr. Cristopher Dwyer, Chairman Supervisor, Bald Eagle Township, 604 Lusk Run Road, Mill Hall, PA 17751.
Township of Lamar
Maps are available for inspection at 148 Beagle Road, Mill Hall, PA 17751.
Send comments to Mr. Michael L. Geyer, Chairman, Lamar Township, 148 Beagle Road, Mill Hall, PA 17751.
Township of Porter
Maps are available for inspection at 153 Clintondale Hill Road, Mill Hall, PA 17751.
Send comments to Mr. Larry Dotterer, Chairman, Porter Township, P.O. Box 95, Lamar, PA 16848.
(Catalog of Federal Domestic Assistance No.
97.022, ‘‘Flood Insurance.’’)
Dated: June 18, 2007.
David I. Maurstad,
Federal Insurance Administrator of the
National Flood Insurance Program, Federal
Emergency Management Agency, Department
of Homeland Security.
[FR Doc. E7–12691 Filed 6–29–07; 8:45 am]
Federal Emergency Management
Agency
44 CFR Part 67
[Docket No. FEMA–B–7720]
Proposed Flood Elevation
Determinations
BILLING CODE 9110–12–P
rwilkins on PROD1PC63 with PROPOSALS-1
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency
Management Agency, DHS.
ACTION: Proposed rule.
AGENCY:
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The comment period is ninety
(90) days following the second
publication of this proposed rule in a
newspaper of local circulation in each
community.
DATES:
SUMMARY: Technical information or
comments are requested on the
VerDate Aug<31>2005
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).
E:\FR\FM\02JYP1.SGM
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Federal Register / Vol. 72, No. 126 / Monday, July 2, 2007 / Proposed Rules
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
Directorate, 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
ADDRESSES:
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.
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.
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.
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.
§ 67.4
[Amended]
2. The tables 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
Flooding source(s)
35957
Effective
Communities affected
Modified
Allen County, Indiana, and Incorporated Areas
Aboite Creek .........................
Approximately 350 feet downstream of Powell Road ..
+756
+755
Brown Ditch ...........................
Approximately 2,000 feet upstream of Powell Road ....
At the confluence with Adam Schlemmer-Baker Ditch
+756
+793
+755
+792
+793
+792
Bullerman Branch .................
Approximately 650 feet upstream of the confluence
with Adam Schlemmer-Baker Ditch.
Approximately 775 feet upstream of the confluence
with Bullerman Ditch.
+777
+778
+777
+787
+778
+786
+808
+807
+758
+758
+775
+775
+759
+759
+776
+776
City of Fort Wayne.
+749
+749
+748
+748
City of New Haven.
+771
+772
Allen County (Unincorporated Areas).
St. Mary’s River ....................
Approximately 600 feet downstream of Stellhorn Road
Approximately 1,056 feet upstream of Interstate Highway 69.
Approximately 615 feet downstream of State Highway
14/Illinois Road.
At the confluence with St. Mary’s River .......................
Approximately 150 feet upstream of Taylor Street ......
At the confluence with Flaugh Ditch ............................
Approximately 150 feet upstream of the confluence
with Flaugh Ditch.
At the confluence with MaumeeRiver ..........................
Approximately 2,900 feet upstream of confluence with
Maumee River.
Just downstream of Bostick Road ................................
Willow Creek Branch No. 7 ..
At South County Line Road East .................................
At the confluence with WillowCreek .............................
+776
+825
+778
+824
Approximately 1,500 feet downstream of Woods Road
+825
+824
Durnell Ditch .........................
Junk Ditch .............................
Lawrence Branch ..................
rwilkins on PROD1PC63 with PROPOSALS-1
Martin Ditch ...........................
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
VerDate Aug<31>2005
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Allen County (Unincorporated Areas).
Allen County (Unincorporated Areas).
Allen County (Unincorporated Areas), City of
Fort Wayne.
City of Fort Wayne.
City of Fort Wayne.
Allen County (Unincorporated Areas).
35958
Federal Register / Vol. 72, No. 126 / Monday, July 2, 2007 / Proposed Rules
* Elevation in
feet (NGVD)
+ Elevation in
feet (NAVD)
# Depth in feet above
ground
Location of referenced
elevation
Flooding source(s)
Effective
Communities affected
Modified
# Depth in feet above ground.
ADDRESSES
City of Fort Wayne
Maps are available for inspection at 1 Main Street, Room 630, Fort Wayne, IN 46802.
Send comments to The Honorable Graham Richard, Mayor, City of Fort Wayne, 1 Main Street, Fort Wayne, IN 46802.
City of New Haven
Maps are available for inspection at 815 Lincoln Highway East, New Haven, IN 46774.
Send comments to The Honorable Terry E. McDonald, Mayor, City of New Haven, 815 Lincoln Highway East, New Haven, IN 46774.
Allen County (Unincorporated Areas)
Maps are available for inspection at 1 East Main Street, Room 630, Fort Wayne, IN 46802.
Send comments to Linda K. Bloom, President, County Commissioners, 1 East Main Street, Room 200, Fort Wayne, IN 46802.
Pearl River County, Mississippi, and Incorporated Areas
East Hobolochitto Creek .......
Just upstream of West Union Road .............................
None
+86
None
+147
Jumpoff Creek .......................
Approximately 420 feet upstream of Savannah Millard
Road.
At the confluence with East Hobolochitto Creek ..........
None
+162
Juniper Creek ........................
Just upstream of Norfolk Southern Railroad ................
At the confluence with East Hobolochitto Creek ..........
None
None
+238
+166
None
+252
Long Branch ..........................
Approximately 1,900 feet upstream of Dupont-Harris
Road.
At the confluence with West Hobolochitto Creek .........
None
+72
None
+161
Mill Creek No. 1 ....................
Approximately 6,900 feet upstream of Nelle Burkes
Road.
At the Pearl River-Hanconk County Boundary ............
None
+79
Approximately
Tributary 4.
Approximately
Road.
Approximately
Just upstream
4,800 feet upstream of Mill Creek 2
None
+175
170 feet upstream of Boley Bypass
None
+54
14,600 feet upstream of Highway 11 ...
of the dam ............................................
None
None
+180
+91
Approximately 6,200 feet upstream of Rock Ranch
Road.
Approximately 600 feet downstream of HenleyfieldMcNeill Road.
Approximately 200 feet upstream of Highway 26 ........
At the confluence with West Hobolochitto Creek .........
None
+143
None
+98
+133
None
+130
+129
Approximately 4,050 feet upstream of White Sand
Creek Tributary 7.
Approximately 16,100 feet downstream of McNeillMcHenryRoad.
Approximately 2,500 feet upstream of Highway 11 .....
None
+247
None
+120
None
+241
No. 3 ..............................
No. 4 ..............................
West Hobolochitto Creek ......
White Sand Creek .................
Wolf River .............................
Pearl River County (Unincorporated Areas).
Pearl River County (Unincorporated Areas).
Pearl River County (Unincorporated Areas).
Pearl River County (Unincorporated Areas).
Pearl River County (Unincorporated Areas).
Pearl River County (Unincorporated Areas).
Pearl River County (Unincorporated Areas).
Pearl River County (Unincorporated Areas).
Pearl River County (Unincorporated Areas).
Pearl River County (Unincorporated Areas).
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.
rwilkins on PROD1PC63 with PROPOSALS-1
ADDRESSES
Pearl River County (Unincorporated Areas)
Maps are available for inspection at Department of Planning and Development, 167 Savannah-Millard Road, Poplarville, MS 39470.
Send comments to Ms. Bettye Stockstill, President, Board of Supervisors, Pearl River County Courthouse, 207 West Pearl Street, Poplarville,
MS 39470.
Smith County, Texas, and Incorporated Areas
Blackhawk Creek ..................
19:40 Jun 29, 2007
None
+332
Approximately 1750 feet upstream of intersection with
FM 346 E.
VerDate Aug<31>2005
Approximately 2000 feet downstream of intersection
with Blackjack Rd.
None
+483
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City of Whitehouse (Smith
County), Unincorporated
Areas.
Federal Register / Vol. 72, No. 126 / Monday, July 2, 2007 / Proposed Rules
* Elevation in
feet (NGVD)
+ Elevation in
feet (NAVD)
# Depth in feet above
ground
Location of referenced
elevation
Flooding source(s)
Effective
Tributary 1 ......................
35959
Communities affected
Modified
Hill Creek ..............................
Horsepen Branch ..................
Mud Creek ............................
Prairie Creek South ..............
Prairie Creek Tributary 1 ......
None
None
+383
+419
City of Whitehouse.
None
None
+418
+460
City of Whitehouse.
None
+379
City of Whitehouse (Smith
County), Unincorporated
Areas.
Approximately 2500 feet downstream of intersection
with Bascom Rd.
Approximately 8000 feet downstream of confluence
with Kickapoo Creek.
Approximately 1100 feet downstream of confluence
with Kickapoo Creek.
Approximately 7000 feet downstream from intersection with Old Tyler Rd. (County Line).
Approximately 140 feet upstream from intersection
with TroupHighway.
Approximately 1750 feet downstream of intersection
with Old Omen Rd.
None
+465
None
+392
None
+411
None
+315
None
+333
None
+382
1750 feet upstream of intersection with Henderson
Hwy.
Confluence with Prairie Creek South ...........................
None
+422
None
+391
1500 feet upstream from Dam .....................................
Tributary 2 ......................
Confluence with Blackhawk Creek ...............................
Approximately 250 feet upstream of Hagan Rd intersection.
Confluence with Blackhawk Creek ...............................
Approximately 2000 feet upstream of interstection
with CR 2319.
Approximately 3500 feet from intersection with Troup
Highway.
None
+451
City of Troup.
(Smith County) Unincorporated Areas.
(Smith County) Unincorporated Areas, New
Chapel Hill.
(Smith County) Unincorporated Areas.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.
rwilkins on PROD1PC63 with PROPOSALS-1
ADDRESSES
City of Troup
Maps are available for inspection at 100 N. Broadway, Tyler, TX 75702.
Send comments to The Honorable John Whitsell, Mayor, City of Troup, PO Box 637, Troup, TX 75789.
City of Whitehouse
Maps are available for inspection at 100 N. Broadway, Tyler, TX 75702.
Send comments to The Honorable Jake Jacobson, Mayor, City of Whitehouse, PO Box 776, Whitehouse, TX 75791.
New Chapel Hill
Maps are available for inspection at 100 N. Broadway, Tyler, TX 75702.
Send comments to The Honorable Robert Whitaker, Mayor, 14475 State Hwy 64 E, Tyler, TX 75707.
Unincorporated Areas of Smith County
Maps are available for inspection at 100 N. Broadway, Tyler, TX 75702.
Send comments to The Honorable Joel P. Baker, County Judge, Smith County, 200 E. Ferguson, Ste. 100, Tyler, TX 75702.
VerDate Aug<31>2005
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35960
Federal Register / Vol. 72, No. 126 / Monday, July 2, 2007 / Proposed Rules
(Catalog of Federal Domestic Assistance No.
97.022, ‘‘Flood Insurance.’’)
Dated: June 18, 2007.
David I. Maurstad,
Federal Insurance Administrator of the
National Flood Insurance Program, Federal
Emergency Management Agency, Department
of Homeland Security.
[FR Doc. E7–12692 Filed 6–29–07; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 212 and 225
RIN 0750–AF74
Defense Federal Acquisition
Regulation Supplement; Waiver of
Specialty Metals Restriction for
Acquisition of Commercially Available
Off-the-Shelf Items (DFARS Case
2007–D013)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Proposed rule with request for
comments.
rwilkins on PROD1PC63 with PROPOSALS-1
AGENCY:
SUMMARY: DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
waive application of 10 U.S.C. 2533b for
acquisitions of commercially available
off-the-shelf (COTS) items. 10 U.S.C.
2533b, established by section 842 of the
National Defense Authorization Act for
Fiscal Year 2007, places restrictions on
the acquisition of specialty metals not
melted or produced in the United
States.
DATES: Comments on the proposed rule
should be submitted in writing to the
address shown below on or before
August 1, 2007, to be considered in the
formation of the final rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2007–D013,
using any of the following methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
E-mail: dfars@osd.mil. Include
DFARS Case 2007–D013 in the subject
line of the message.
Fax: (703) 602–7887.
Mail: Defense Acquisition Regulations
System, Attn: Ms. Amy Williams, OUSD
(AT&L) DPAP (DARS), IMD 3C132, 3062
Defense Pentagon, Washington, DC
20301–3062.
Hand Delivery/Courier: Defense
Acquisition Regulations System, Crystal
Square 4, Suite 200A, 241 18th Street,
Arlington, VA 22202–3402.
VerDate Aug<31>2005
19:40 Jun 29, 2007
Jkt 211001
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy Williams, (703) 602–0328.
SUPPLEMENTARY INFORMATION:
A. Background
Section 842(a) of the National Defense
Authorization Act for Fiscal Year 2007
(Pub. L. 109–364) establishes a new
specialty metals domestic source
restriction, which is codified at 10
U.S.C. 2533b. A proposed rule is being
developed to comprehensively
implement 10 U.S.C. 2533b in the
DFARS. However, this proposed rule is
being published separately in order to
expedite the exercise of a statutory
exception to the requirements of 10
U.S.C. 2533b for COTS items.
As defined in subsection (c) of 41
U.S.C. 431 (Section 35 of the Office of
Federal Procurement Policy Act),
‘‘COTS item’’—
(i) Means any item of supply that is—
(A) A commercial item;
(B) Sold in substantial quantities in
the commercial marketplace; and
(C) Offered to the Government,
without modification, in the same form
in which it is sold in the commercial
marketplace; and
(ii) Does not include bulk cargo, as
defined in section 3 of the Shipping Act
of 1984 (46 U.S.C. App. 1702), such as
agricultural products and petroleum
products.
41 U.S.C. 431(a) requires that the
acquisition regulations list the
provisions of law that are inapplicable
to contracts and subcontracts for COTS
items. Covered provisions of law must
be included on that list unless the
Administrator of the Office of Federal
Procurement Policy (OFPP) makes a
written determination that it would not
be in the best interest of the United
States to exempt such contracts from the
applicability of that provision of law.
Covered provisions of law are those
that, as determined by OFPP, impose on
contractors Government-unique
policies, procedures, requirements, or
restrictions, except for—
Æ A provision of law that provides for
criminal or civil penalties; or
Æ A provision of law that specifically
refers to 41 U.S.C. 431, and states that
the law is nevertheless applicable to
COTS items.
10 U.S.C. 2533b does not provide for
criminal or civil penalties; nor does it
refer to 41 U.S.C. 431 and state that the
law is nevertheless applicable to COTS
items. Accordingly, this proposed rule—
Æ Creates a new DFARS section
212.570 to list 10 U.S.C. 2533b as
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Fmt 4702
Sfmt 4702
inapplicable to contracts and
subcontracts for the acquisition of COTS
items; and
Æ Includes acquisitions of COTS
items containing specialty metals as an
exception at DFARS 225.7002–2.
Exercise of this statutory COTS
waiver is critical to DoD’s access to the
commercial marketplace. Manufacturers
make component purchasing decisions
based on factors such as cost, quality,
availability, and maintaining the state of
the art—not the country in which
specialty metals in the components
were melted. In addition, many
commercial items commonly acquired
in large quantities by DoD, such as
computers, commercial-off-the shelf
engines, and semi-conductors, may
contain a small percentage of
components made of specialty metals,
subjecting the manufacturers to costly
and burdensome, if not impossible,
tracking requirements. Many
manufacturers of COTS items are
unwilling to change their existing
processes, inventory systems, or
facilities and incur the significant
expense associated with tracking the
sourcing of specialty metals in the
components of a COTS item in order to
generate sales to DoD, which typically
represent a very small percentage of
overall revenue for COTS items.
Section 2533b permits DoD to process
a domestic non-availability
determination, but such process poses
difficulties for DoD in meeting missionsensitive requirements in a timely
manner. In order for DoD to be able to
support a determination, a contractor
must—
(1) Work with its suppliers at every
tier to identify non-compliant parts from
among potentially hundreds of
thousands of parts;
(2) Determine that it cannot find a
compliant source, either because lead
times are longer than the contract
permits, or because sufficient quantity is
not available; and
(3) Research whether and by when it
can become compliant.
Once the information on
noncompliant parts and their
nonavailability is provided to DoD, the
Department must conduct a validation
review and develop a report to
document the determination. All of
these efforts taken together may entail
thousands of hours of work, at
considerable cost to the taxpayer, and a
significant addition in lead time to the
acquisition cycle.
For all of these reasons, an exemption
from 10 U.S.C. 2533b for COTS items is
in the best interest of the Government.
This rule was not subject to Office of
Management and Budget review under
E:\FR\FM\02JYP1.SGM
02JYP1
Agencies
[Federal Register Volume 72, Number 126 (Monday, July 2, 2007)]
[Proposed Rules]
[Pages 35956-35960]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-12692]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 67
[Docket No. FEMA-B-7720]
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.
[[Page 35957]]
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 Directorate, 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 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 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
----------------------------------------------------------------------------------------------------------------
Allen County, Indiana, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Aboite Creek........................ Approximately 350 feet +756 +755 Allen County
downstream of Powell (Unincorporated
Road. Areas).
Approximately 2,000 +756 +755
feet upstream of
Powell Road.
Brown Ditch......................... At the confluence with +793 +792 Allen County
Adam Schlemmer-Baker (Unincorporated
Ditch. Areas).
Approximately 650 feet +793 +792
upstream of the
confluence with Adam
Schlemmer-Baker Ditch.
Bullerman Branch.................... Approximately 775 feet +777 +778 Allen County
upstream of the (Unincorporated
confluence with Areas), City of Fort
Bullerman Ditch. Wayne.
Approximately 600 feet +777 +778
downstream of
Stellhorn Road.
Durnell Ditch....................... Approximately 1,056 +787 +786 City of Fort Wayne.
feet upstream of
Interstate Highway 69.
Approximately 615 feet +808 +807
downstream of State
Highway 14/Illinois
Road.
Junk Ditch.......................... At the confluence with +758 +759 City of Fort Wayne.
St. Mary's River.
Approximately 150 feet +758 +759
upstream of Taylor
Street.
Lawrence Branch..................... At the confluence with +775 +776 City of Fort Wayne.
Flaugh Ditch.
Approximately 150 feet +775 +776
upstream of the
confluence with Flaugh
Ditch.
Martin Ditch........................ At the confluence with +749 +748 City of New Haven.
MaumeeRiver.
Approximately 2,900 +749 +748
feet upstream of
confluence with Maumee
River.
St. Mary's River.................... Just downstream of +771 +772 Allen County
Bostick Road. (Unincorporated
Areas).
At South County Line +776 +778
Road East.
Willow Creek Branch No. 7........... At the confluence with +825 +824 Allen County
WillowCreek. (Unincorporated
Areas).
Approximately 1,500 +825 +824
feet downstream of
Woods Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
[[Page 35958]]
Depth in feet above ground.
ADDRESSES
City of Fort Wayne
Maps are available for inspection at 1 Main Street, Room 630, Fort Wayne, IN 46802.
Send comments to The Honorable Graham Richard, Mayor, City of Fort Wayne, 1 Main Street, Fort Wayne, IN 46802.
City of New Haven
Maps are available for inspection at 815 Lincoln Highway East, New Haven, IN 46774.
Send comments to The Honorable Terry E. McDonald, Mayor, City of New Haven, 815 Lincoln Highway East, New Haven,
IN 46774.
Allen County (Unincorporated Areas)
Maps are available for inspection at 1 East Main Street, Room 630, Fort Wayne, IN 46802.
Send comments to Linda K. Bloom, President, County Commissioners, 1 East Main Street, Room 200, Fort Wayne, IN
46802.
----------------------------------------------------------------------------------------------------------------
Pearl River County, Mississippi, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
East Hobolochitto Creek............. Just upstream of West None +86 Pearl River County
Union Road. (Unincorporated
Areas).
Approximately 420 feet None +147
upstream of Savannah
Millard Road.
Jumpoff Creek....................... At the confluence with None +162 Pearl River County
East Hobolochitto (Unincorporated
Creek. Areas).
Just upstream of None +238
Norfolk Southern
Railroad.
Juniper Creek....................... At the confluence with None +166 Pearl River County
East Hobolochitto (Unincorporated
Creek. Areas).
Approximately 1,900 None +252
feet upstream of
Dupont-Harris Road.
Long Branch......................... At the confluence with None +72 Pearl River County
West Hobolochitto (Unincorporated
Creek. Areas).
Approximately 6,900 None +161
feet upstream of Nelle
Burkes Road.
Mill Creek No. 1.................... At the Pearl River- None +79 Pearl River County
Hanconk County (Unincorporated
Boundary. Areas).
Approximately 4,800 None +175
feet upstream of Mill
Creek 2 Tributary 4.
No. 3........................... Approximately 170 feet None +54 Pearl River County
upstream of Boley (Unincorporated
Bypass Road. Areas).
Approximately 14,600 None +180
feet upstream of
Highway 11.
No. 4........................... Just upstream of the None +91 Pearl River County
dam. (Unincorporated
Areas).
Approximately 6,200 None +143
feet upstream of Rock
Ranch Road.
West Hobolochitto Creek............. Approximately 600 feet None +98 Pearl River County
downstream of (Unincorporated
Henleyfield-McNeill Areas).
Road.
Approximately 200 feet +133 +130
upstream of Highway 26.
White Sand Creek.................... At the confluence with None +129 Pearl River County
West Hobolochitto (Unincorporated
Creek. Areas).
Approximately 4,050 None +247
feet upstream of White
Sand Creek Tributary 7.
Wolf River.......................... Approximately 16,100 None +120 Pearl River County
feet downstream of (Unincorporated
McNeill-McHenryRoad. Areas).
Approximately 2,500 None +241
feet upstream of
Highway 11.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
ADDRESSES
Pearl River County (Unincorporated Areas)
Maps are available for inspection at Department of Planning and Development, 167 Savannah-Millard Road,
Poplarville, MS 39470.
Send comments to Ms. Bettye Stockstill, President, Board of Supervisors, Pearl River County Courthouse, 207 West
Pearl Street, Poplarville, MS 39470.
----------------------------------------------------------------------------------------------------------------
Smith County, Texas, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Blackhawk Creek..................... Approximately 2000 feet None +332 City of Whitehouse
downstream of (Smith County),
intersection with Unincorporated Areas.
Blackjack Rd.
Approximately 1750 feet None +483
upstream of
intersection with FM
346 E.
[[Page 35959]]
Tributary 1..................... Confluence with None +383 City of Whitehouse.
Blackhawk Creek.
Approximately 250 feet None +419
upstream of Hagan Rd
intersection.
Tributary 2..................... Confluence with None +418 City of Whitehouse.
Blackhawk Creek.
Approximately 2000 feet None +460
upstream of
interstection with CR
2319.
Hill Creek.......................... Approximately 3500 feet None +379 City of Whitehouse
from intersection with (Smith County),
Troup Highway. Unincorporated Areas.
Approximately 2500 feet None +465
downstream of
intersection with
Bascom Rd.
Horsepen Branch..................... Approximately 8000 feet None +392 City of Troup.
downstream of
confluence with
Kickapoo Creek.
Approximately 1100 feet None +411
downstream of
confluence with
Kickapoo Creek.
Mud Creek........................... Approximately 7000 feet None +315 (Smith County)
downstream from Unincorporated Areas.
intersection with Old
Tyler Rd. (County
Line).
Approximately 140 feet None +333
upstream from
intersection with
TroupHighway.
Prairie Creek South................. Approximately 1750 feet None +382 (Smith County)
downstream of Unincorporated Areas,
intersection with Old New Chapel Hill.
Omen Rd.
1750 feet upstream of None +422
intersection with
Henderson Hwy.
Prairie Creek Tributary 1........... Confluence with Prairie None +391 (Smith County)
Creek South. Unincorporated Areas.
1500 feet upstream from None +451
Dam.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
ADDRESSES
City of Troup
Maps are available for inspection at 100 N. Broadway, Tyler, TX 75702.
Send comments to The Honorable John Whitsell, Mayor, City of Troup, PO Box 637, Troup, TX 75789.
City of Whitehouse
Maps are available for inspection at 100 N. Broadway, Tyler, TX 75702.
Send comments to The Honorable Jake Jacobson, Mayor, City of Whitehouse, PO Box 776, Whitehouse, TX 75791.
New Chapel Hill
Maps are available for inspection at 100 N. Broadway, Tyler, TX 75702.
Send comments to The Honorable Robert Whitaker, Mayor, 14475 State Hwy 64 E, Tyler, TX 75707.
Unincorporated Areas of Smith County
Maps are available for inspection at 100 N. Broadway, Tyler, TX 75702.
Send comments to The Honorable Joel P. Baker, County Judge, Smith County, 200 E. Ferguson, Ste. 100, Tyler, TX
75702.
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[[Page 35960]]
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')
Dated: June 18, 2007.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance
Program, Federal Emergency Management Agency, Department of Homeland
Security.
[FR Doc. E7-12692 Filed 6-29-07; 8:45 am]
BILLING CODE 9110-12-P