Proposed Flood Elevation Determinations, 56975-56979 [E7-19680]

Download as PDF Federal Register / Vol. 72, No. 193 / Friday, October 5, 2007 / Proposed Rules ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2007–0511; FRL–8477–1] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Carbon Monoxide Maintenance Plan Update; Limited Maintenance Plan in Philadelphia County Environmental Protection Agency (EPA). ACTION: Proposed rule. yshivers on PROD1PC62 with PROPOSALS AGENCY: SUMMARY: EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the State of Pennsylvania for the purpose of establishing a limited maintenance plan for carbon monoxide in Philadelphia County for the maintenance period of 2007–2017. In the Final Rules section of this Federal Register, EPA is approving the State’s SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. DATES: Comments must be received in writing by November 5, 2007. ADDRESSES: Submit your comments, identified by Docket ID Number EPA– R03–OAR–2007–0511 by one of the following methods: A. https://www.regulations.gov. Follow the on-line instructions for submitting comments. B. E-mail: powers.marilyn@epa.gov. C. Mail: EPA–R03–OAR–2007–0511, Marilyn Powers, Acting Chief, Air Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. D. Hand Delivery: At the previouslylisted EPA Region III address. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–R03–OAR–2007– 0511. EPA’s policy is that all comments VerDate Aug<31>2005 15:24 Oct 04, 2007 Jkt 214001 received will be included in the public docket without change, and may be made available online at https:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through https:// www.regulations.gov or e-mail. The https://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through https:// www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the electronic docket are listed in the https://www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in https:// www.regulations.gov or in hard copy during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the Pennsylvania Department of Environmental Resources Bureau of Air Quality Control, P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 17105; and the Department of Public Health, Air Management Services, 321 University Avenue, Philadelphia, Pennsylvania 19104. FOR FURTHER INFORMATION CONTACT: Catherine L. Magliocchetti, (215) 814– PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 56975 2174, or by e-mail at magliocchetti.catherine@epa.gov. SUPPLEMENTARY INFORMATION: For further information regarding this SIP revision submitted by the State of Pennsylvania for the purpose of establishing a limited maintenance plan for carbon monoxide in Philadelphia County for the maintenance period of 2007–2017, please see the information provided in the direct final action, with the same title, that is located in the ‘‘Rules and Regulations’’ section of this Federal Register publication. Dated: September 14, 2007. Donald S. Welsh, Regional Administrator, Region III. [FR Doc. E7–19517 Filed 10–4–07; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA–D–7822] 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 Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646–3151. E:\FR\FM\05OCP1.SGM 05OCP1 56976 Federal Register / Vol. 72, No. 193 / Friday, October 5, 2007 / Proposed Rules 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 SUPPLEMENTARY INFORMATION: 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. 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: I PART 67—[AMENDED] 1. The authority citation for part 67 continues to read as follows: I 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: I *Elevation in feet (NGVD) +Elevation in feet (NAVD) #Depth in feet above ground Location of referenced elevation Flooding source(s) Executive Order 12988, Civil Justice Reform. This proposed rule meets the applicable standards of Executive Order 12988. Effective Communities affected Modified Lexington-Fayette Urban County Government, Kentucky, and Incorporated Areas Bowman Mill Tributary .......... At the confluence with South Elkhorn Creek ............. None +890 None +940 Bryant Tributary .................... Approximately 920 feet upstream of Palomar Boulevard. At the confluence with North Elkhorn Creek .............. None +943 None +985 Cave Hill Tributary ................ Approximately 2,200 feet upstream of Polo Club Boulevard. At the confluence with Bowman Mill Tributary ........... None +907 None +954 Southpoint Tributary ............. Approximately 2,780 feet upstream of the confluence with Bowman Mill Tributary. At the confluence with West Hickman Creek ............. None +890 Approximately 2,800 feet upstream of Southpoint Drive. Approximately 280 feet upstream of Beacon Hill Tributary. At Nicholasville Road .................................................. None +947 +923 +922 None +990 Wolf Run .............................. Lexington-Fayette Urban County Government. Lexington-Fayette Urban County Government. Lexington-Fayette Urban County Government. Lexington-Fayette Urban County Government. Lexington-Fayette Urban County Government. * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. yshivers on PROD1PC62 with PROPOSALS ADDRESSES Lexington-Fayette Urban County Government Maps are available for inspection at Division of Planning, Current Planning Section, 101 East Vine Street, Lexington, KY 40507. Send comments to The Honorable Jim Newberry, Mayor, Lexington-Fayette Urban County Government, 200 East Main Street, Lexington, KY 40507. Tate County, Mississippi, and Incorporated Areas Arkabutla Reservoir .............. Arkabutla Reservoir .................................................... None +245 Coldwater River .................... 0.7 Miles Downstream of Arkabutla Reservior Dam .. None +195 At County Boundary ................................................... None +252 VerDate Aug<31>2005 15:24 Oct 04, 2007 Jkt 214001 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 E:\FR\FM\05OCP1.SGM 05OCP1 Town of Coldwater, Unincorporated Areas of Tate County. Unincorporated Areas of Tate County. Federal Register / Vol. 72, No. 193 / Friday, October 5, 2007 / Proposed Rules *Elevation in feet (NGVD) +Elevation in feet (NAVD) #Depth in feet above ground Location of referenced elevation Flooding source(s) Effective Pidgeon Roost Creek ........... 56977 Communities affected Modified 0.6 Miles Downstream of Pidgeon Roost Road ......... None +292 400 Ft Downstream of Pidgeon Roost Road ............. None Unincorporated Areas of Tate County. +295 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES Town of Coldwater Maps are available for inspection at 444 Court Street, Coldwater, MS 38618. Send comments to The Honorable Jessie Edwards, Mayor, Town of Coldwater, 444 Court Street, Coldwater, MS 38618. Unincorporated Areas of Tate County Maps are available for inspection at 201 Ward Street, Senatobia, MS 38668. Send comments to Mr. James Sowell, President, Tate County Board of Supervisors, 201 Ward Street, Senatobia, MS 38668. Clay County, North Carolina and Incorporated Areas Blair Creek ........................... At the confluence with Hiwassee River ...................... None +1,800 Brasstown Creek .................. Approximately 0.4 mile upstream of NC–69 .............. At the confluence with Hiwassee River ...................... None None +1,840 +1,587 None +1,713 Chatuga Lake ....................... Approximately 400 feet upstream of West Road (State Road 1111). Entire shoreline within Clay County ........................... None +1,929 Coleman Creek .................... At the confluence with Hyatt Mill Creek ..................... None +1,934 None +1,934 Crawford Creek .................... Approximately 800 feet upstream of the confluence with Hyatt Mill Creek. At the confluence with Brasstown Creek ................... None +1,698 None +1,837 Downing Creek ..................... Approximately 1,430 feet upstream of Pine Ridge Drive. At the confluence with Hiwassee River ...................... None +1,796 None +1,959 Eagle Fork Creek ................. Approximately 0.4 mile upstream of Lawrence Smith Road (State Road 1324). At the confluence with Shooting Creek ...................... None +2,045 Fires Creek ........................... Approximately 200 feet upstream of Sally Gap Road At the confluence with Hiwassee River ...................... None None +2,211 +1,724 None +1,834 Giesky Creek ........................ Approximately 1.5 miles upstream of Fires Creek Road (State Road 1300). At the confluence with Shooting Creek ...................... None +1,981 None +2,172 Gumlog Creek ...................... Approximately 1,530 feet upstream of Sally Gap Road. At the confluence with Brasstown Creek ................... None +1,669 Approximately 300 feet upstream of Pine Log Road (State Road 1104). Approximately 500 feet downstream of Old Highway 64W (State Road 1100). None +1,703 None +1,590 None +1,885 Tributary 1 ..................... Approximately 1,380 feet upstream of the confluence of Hiwassee River Tributary 1. At the confluence with Hiwassee River ...................... None +1,811 None +1,811 Hothouse Branch ................. Approximately 0.5 mile upstream of Chatuge Dam Road (State Road 1146). At the confluence with Shooting Creek ...................... None +1,943 None +2,015 Hyatt Mill Creek .................... Approximately 0.7 mile upstream of Fred and Carl Lane. At the confluence with Hiwassee River ...................... None +1,802 At the confluence of Coleman Creek ......................... None +1,934 yshivers on PROD1PC62 with PROPOSALS Hiwassee River .................... VerDate Aug<31>2005 15:24 Oct 04, 2007 Jkt 214001 PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 E:\FR\FM\05OCP1.SGM 05OCP1 Clay County (Unincorporated Areas). Clay County (Unincorporated Areas). Clay County (Unincorporated Areas). Clay County (Unincorporated Areas). Clay County (Unincorporated Areas). Clay County (Unincorporated Areas). Clay County (Unincorporated Areas). Clay County (Unincorporated Areas). Clay County (Unincorporated Areas). Clay County (Unincorporated Areas). Clay County (Unincorporated Areas), Town of Hayesville. Clay County (Unincorporated Areas). Clay County (Unincorporated Areas). Clay County (Unincorporated Areas). 56978 Federal Register / Vol. 72, No. 193 / Friday, October 5, 2007 / Proposed Rules *Elevation in feet (NGVD) +Elevation in feet (NAVD) #Depth in feet above ground Location of referenced elevation Flooding source(s) Effective Licklog Creek ....................... Communities affected Modified Nantahala River ................... Approximately 200 feet downstream of U.S. Highway 64. Approximately 450 feet upstream of Peckerwood Road (State Road 1328). At the confluence with Shooting Creek and Thompson Creek. Approximately 1.5 miles upstream of the confluence with Shooting Creek and Thompson Creek. At the Clay/Macon County boundary ......................... None +3,089 Pinelong Creek ..................... Approximately 450 feet downstream of Thunderstruck Lane. At the confluence with Brasstown Creek ................... None +1,641 Qually Creek ........................ Approximately 1.0 mile upstream of Royal Oaks Trail At the confluence with Hiwassee River ...................... None None +1,914 +1,788 Drive ............ Old Highway None None +1,837 +1,929 Sweetwater Creek ................ Approximately 0.5 mile upstream of Ali Approximately 800 feet upstream of 64E. Approximately 90 feet upstream of Old At the confluence with Hiwassee River Highway 64E ...................... None None +2,183 +1,686 None +1,844 Thompson Creek .................. Approximately 1.2 miles upstream of U.S. Highway 64. At the confluence with Shooting Creek ...................... None +2,183 None +2,283 Town Creek .......................... Approximately 0.5 mile upstream of Muskrat Creek Road (State Road 1173). At the confluence with Hiwassee River ...................... None +1,793 Tusquitee Creek ................... Approximately 0.5 mile upstream of Anderson Street At the confluence with Hiwassee River ...................... None None +1,831 +1,783 None +2,214 Winchester Creek ................. Approximately 2.0 miles upstream of Chairmaker Drive. At the confluence with Brasstown Creek ................... None +1,671 Approximately 1,090 feet upstream of West Gum Log Road (State Road 1107). None +1,716 Muskrat Branch .................... Shooting Creek .................... None +1,929 None +2,005 None +2,183 None +2,429 None +3,013 Clay County (Unincorporated Areas). Clay County (Unincorporated Areas). Clay County (Unincorporated Areas). Clay County (Unincorporated Areas). Clay County (Unincorporated Areas). Clay County (Unincorporated Areas). Clay County (Unincorporated Areas). Clay County (Unincorporated Areas). Clay County (Unincorporated Areas), Town of Hayesville. Clay County (Unincorporated Areas). Clay County (Unincorporated Areas). * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES Clay County Maps are available for inspection at Clay County Building, 33 Main Street, Hayesville, NC. Send comments to Mr. Paul Leek, Clay County Manager, P.O. Box 118, Hayesville, NC 28904. Town of Hayesville Maps are available for inspection at Hayesville Town Hall, 235 Sanderson Street, Hayesville, NC. Send comments to The Honorable Harrell Moore, Mayor of the Town of Hayesville, P.O. Box 235, Hayesville, NC 28904. Dyer County, Tennessee, and Incorporated Areas yshivers on PROD1PC62 with PROPOSALS Mississippi River ................... Approximately 720 feet downstream from the confluence of Obion River. County boundary ........................................................ None +268 None Unincorporated Areas of Dyer County. +281 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES Unincorporated Areas of Dyer County Maps are available for inspection at Building Inspector’s Office, #1 Veterans Square, Dyersburg, TN 38025. Send comments to The Honorable Richard Hill, Mayor, Dyer County, Dyer County Courthouse, P.O. Box 1360, Dyersburg, TN 38025–1360. VerDate Aug<31>2005 15:24 Oct 04, 2007 Jkt 214001 PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 E:\FR\FM\05OCP1.SGM 05OCP1 Federal Register / Vol. 72, No. 193 / Friday, October 5, 2007 / Proposed Rules Catalog of Federal Domestic Assistance No. 97.022, ‘‘Flood Insurance.’’ Dated: September 21, 2007. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E7–19680 Filed 10–4–07; 8:45 am] BILLING CODE 9110–12–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 RIN 1018–AV19 Endangered and Threatened Wildlife and Plants; 12-Month Petition Finding and Proposed Rule To List the Polar Bear (Ursus maritimus) as Threatened Throughout Its Range Fish and Wildlife Service, Interior. ACTION: Extension of comment period; notice of availability of new information. yshivers on PROD1PC62 with PROPOSALS AGENCY: SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the extension of the public comment period on nine new United States Geological Survey (USGS) reports produced for the Service to provide current data and modeling results relevant to the final determination of whether the polar bear (Ursus maritimus) qualifies for listing under the Endangered Species Act of 1973, as amended (Act). We intend to take these reports into consideration as we make our final listing determination on the polar bear, and are extending the reopened public comment period on the January 9, 2007, proposed rule to list the polar bear as threatened throughout its range under the Act (72 FR 1064) for an additional 15 days to allow interested parties to comment on the USGS reports. We are limited in how long we can extend the public comment period because of the statutory deadline, which requires a final listing determination within one year of publication of the proposed rule, unless an extension of up to six months is granted due to substantial disagreement regarding the sufficiency or accuracy of the available data relevant to the determination. Please note that comments previously submitted should not be resubmitted. This comment period is open only for comments on the nine USGS reports listed below. Comments submitted during the prior comment period have been incorporated into the public record VerDate Aug<31>2005 15:24 Oct 04, 2007 Jkt 214001 and will be fully considered during preparation of our final determination. DATES: We will accept public comments until October 22, 2007. ADDRESSES: You may submit comments and materials to us by any one of the following methods: (1) You may mail or hand-deliver written comments and information to the Supervisor, U.S. Fish and Wildlife Service, Marine Mammals Management Office, 1011 East Tudor Road, Anchorage, AK 99503. (2) You may send comments by electronic mail (e-mail) to: Polar_Bear_Finding@fws.gov. For instructions on how to file comments electronically, see the ‘‘Public Comments Solicited’’ section below. In the event that our Internet connection is not functional, please submit your comments by one of the alternate methods listed in this section. (3) You may submit your comments via the Federal eRulemaking Portal at https://www.regulations.gov. Follow the instructions for submitting comments. For information on obtaining copies of the nine USGS reports, see the ‘‘Obtaining Copies of the Nine USGS reports’’ section below. FOR FURTHER INFORMATION CONTACT: Rosa Meehan, Marine Mammals Management Office (see ADDRESSES) (telephone 907– 786–3800). Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 800–877–8339. SUPPLEMENTARY INFORMATION: On January 9, 2007, the Service published a 12-month petition finding and proposed rule to list the polar bear (Ursus maritimus) as threatened throughout its range under the Act (72 FR 1064). The document announced a 3month public comment period on the proposed rule, which closed on April 9, 2007. We also held three public hearings during the proposed rule’s comment period, as announced in the February 15, 2007, Federal Register (72 FR 7381). On September 7, 2007, the Service received nine reports prepared by the USGS that provide new data and modeling outputs relevant to the final determination of whether the polar bear qualifies for listing as threatened or endangered under the Act. These reports are: (1) Polar Bear Population Status in the Northern Beaufort Sea by Stirling et al. (2) Polar Bear Population Status in Southern Hudson Bay Canada by Obbard et al. (3) Polar Bears in the Southern Beaufort Sea I: Survival and Breeding in PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 56979 Relation to Sea Ice Conditions, 2001– 2006 by Regehr et al. (4) Polar Bears in the Southern Beaufort Sea II: Demography and Population Growth in Relation to Sea Ice Conditions by Hunter et al. (5) Polar Bears in the Southern Beaufort Sea III: Stature, Mass, and Cub Recruitment in Relationship to Time and Sea Ice Extent Between 1982 and 2006 by Rode et al. (6) Uncertainty in Climate Model Predictions of Arctic Sea Ice Decline: An Evaluation Relevant to Polar Bears by DeWeaver. (7) Predicting the Future Distribution of Polar Bear Habitat in the Polar Basin from Resource Selection Functions Applied to 21st Century General Circulation Model Projections of Sea Ice by Durner et al. (8) Predicting Movements of Female Polar Bears between Summer Sea Ice Foraging Habitats and Terrestrial Denning Habitats of Alaska in the 21st Century: Proposed Methodology and Pilot Assessment by Bergen et al. (9) Forecasting the Range-wide Status of Polar Bears at Selected Times in the 21st Century by Amstrup et al. On September 20, 2007, we published a notice in the Federal Register announcing the availability of these nine reports and our intention to consider them in making our final listing determination (72 FR 53749). In that notice we also reopened the public comment period on the January 9, 2007, proposed rule to list the polar bear as threatened under the Act (72 FR 1064) for 15 days to provide the public the opportunity to submit comments or information on these reports. Because of the volume and complexity of the information in the reports, we are extending the public comment period for an additional 15 days. The comment period now closes on October 22, 2007. We are asking for public comments on these reports and a review of the extent to which they add to the knowledge base for making the final decision. In particular we are seeking information regarding whether the reports raise an issue of substantial disagreement among scientists knowledgeable about polar bears regarding the accuracy or sufficiency of the available data relevant to the listing determination. Obtaining Copies of the Nine USGS Reports You may obtain copies of any of the nine USGS reports: • By mail from the U.S. Department of the Interior, United States Geological Survey, Office of Communication, 119 National Center, Reston, VA 20192; E:\FR\FM\05OCP1.SGM 05OCP1

Agencies

[Federal Register Volume 72, Number 193 (Friday, October 5, 2007)]
[Proposed Rules]
[Pages 56975-56979]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19680]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-D-7822]

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 Directorate, Federal Emergency
Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-
3151.

[[Page 56976]]

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.

0
Accordingly, 44 CFR part 67 is proposed to be amended as follows:

PART 67--[AMENDED]

0
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]

0
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) Depth in feet above Communities affected
elevation ground
--------------------------
Effective Modified
----------------------------------------------------------------------------------------------------------------
Lexington-Fayette Urban County Government, Kentucky, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Bowman Mill Tributary............... At the confluence with None +890 Lexington-Fayette Urban
South Elkhorn Creek. County Government.
Approximately 920 feet None +940
upstream of Palomar
Boulevard.
Bryant Tributary.................... At the confluence with None +943 Lexington-Fayette Urban
North Elkhorn Creek. County Government.
Approximately 2,200 None +985
feet upstream of Polo
Club Boulevard.
Cave Hill Tributary................. At the confluence with None +907 Lexington-Fayette Urban
Bowman Mill Tributary. County Government.
Approximately 2,780 None +954
feet upstream of the
confluence with Bowman
Mill Tributary.
Southpoint Tributary................ At the confluence with None +890 Lexington-Fayette Urban
West Hickman Creek. County Government.
Approximately 2,800 None +947
feet upstream of
Southpoint Drive.
Wolf Run............................ Approximately 280 feet +923 +922 Lexington-Fayette Urban
upstream of Beacon County Government.
Hill Tributary.
At Nicholasville Road.. None +990
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.

ADDRESSES

Lexington-Fayette Urban County Government

Maps are available for inspection at Division of Planning, Current Planning Section, 101 East Vine Street,
Lexington, KY 40507.
Send comments to The Honorable Jim Newberry, Mayor, Lexington-Fayette Urban County Government, 200 East Main
Street, Lexington, KY 40507.
----------------------------------------------------------------------------------------------------------------
Tate County, Mississippi, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Arkabutla Reservoir................. Arkabutla Reservoir.... None +245 Town of Coldwater,
Unincorporated Areas
of Tate County.
Coldwater River..................... 0.7 Miles Downstream of None +195 Unincorporated Areas of
Arkabutla Reservior Tate County.
Dam.
At County Boundary..... None +252

[[Page 56977]]

Pidgeon Roost Creek................. 0.6 Miles Downstream of None +292 Unincorporated Areas of
Pidgeon Roost Road. Tate County.
400 Ft Downstream of None +295
Pidgeon Roost Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.

ADDRESSES

Town of Coldwater

Maps are available for inspection at 444 Court Street, Coldwater, MS 38618.
Send comments to The Honorable Jessie Edwards, Mayor, Town of Coldwater, 444 Court Street, Coldwater, MS 38618.

Unincorporated Areas of Tate County
Maps are available for inspection at 201 Ward Street, Senatobia, MS 38668.
Send comments to Mr. James Sowell, President, Tate County Board of Supervisors, 201 Ward Street, Senatobia, MS
38668.
----------------------------------------------------------------------------------------------------------------
Clay County, North Carolina and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Blair Creek......................... At the confluence with None +1,800 Clay County
Hiwassee River. (Unincorporated
Areas).
Approximately 0.4 mile None +1,840
upstream of NC-69.
Brasstown Creek..................... At the confluence with None +1,587 Clay County
Hiwassee River. (Unincorporated
Areas).
Approximately 400 feet None +1,713
upstream of West Road
(State Road 1111).
Chatuga Lake........................ Entire shoreline within None +1,929 Clay County
Clay County. (Unincorporated
Areas).
Coleman Creek....................... At the confluence with None +1,934 Clay County
Hyatt Mill Creek. (Unincorporated
Areas).
Approximately 800 feet None +1,934
upstream of the
confluence with Hyatt
Mill Creek.
Crawford Creek...................... At the confluence with None +1,698 Clay County
Brasstown Creek. (Unincorporated
Areas).
Approximately 1,430 None +1,837
feet upstream of Pine
Ridge Drive.
Downing Creek....................... At the confluence with None +1,796 Clay County
Hiwassee River. (Unincorporated
Areas).
Approximately 0.4 mile None +1,959
upstream of Lawrence
Smith Road (State Road
1324).
Eagle Fork Creek.................... At the confluence with None +2,045 Clay County
Shooting Creek. (Unincorporated
Areas).
Approximately 200 feet None +2,211
upstream of Sally Gap
Road.
Fires Creek......................... At the confluence with None +1,724 Clay County
Hiwassee River. (Unincorporated
Areas).
Approximately 1.5 miles None +1,834
upstream of Fires
Creek Road (State Road
1300).
Giesky Creek........................ At the confluence with None +1,981 Clay County
Shooting Creek. (Unincorporated
Areas).
Approximately 1,530 None +2,172
feet upstream of Sally
Gap Road.
Gumlog Creek........................ At the confluence with None +1,669 Clay County
Brasstown Creek. (Unincorporated
Areas).
Approximately 300 feet None +1,703
upstream of Pine Log
Road (State Road 1104).
Hiwassee River...................... Approximately 500 feet None +1,590 Clay County
downstream of Old (Unincorporated
Highway 64W (State Areas), Town of
Road 1100). Hayesville.
Approximately 1,380 None +1,885
feet upstream of the
confluence of Hiwassee
River Tributary 1.
Tributary 1..................... At the confluence with None +1,811 Clay County
Hiwassee River. (Unincorporated
Areas).
Approximately 0.5 mile None +1,811
upstream of Chatuge
Dam Road (State Road
1146).
Hothouse Branch..................... At the confluence with None +1,943 Clay County
Shooting Creek. (Unincorporated
Areas).
Approximately 0.7 mile None +2,015
upstream of Fred and
Carl Lane.
Hyatt Mill Creek.................... At the confluence with None +1,802 Clay County
Hiwassee River. (Unincorporated
Areas).
At the confluence of None +1,934
Coleman Creek.

[[Page 56978]]

Licklog Creek....................... Approximately 200 feet None +1,929 Clay County
downstream of U.S. (Unincorporated
Highway 64. Areas).
Approximately 450 feet None +2,005
upstream of Peckerwood
Road (State Road 1328).
Muskrat Branch...................... At the confluence with None +2,183 Clay County
Shooting Creek and (Unincorporated
Thompson Creek. Areas).
Approximately 1.5 miles None +2,429
upstream of the
confluence with
Shooting Creek and
Thompson Creek.
Nantahala River..................... At the Clay/Macon None +3,013 Clay County
County boundary. (Unincorporated
Areas).
Approximately 450 feet None +3,089
downstream of
Thunderstruck Lane.
Pinelong Creek...................... At the confluence with None +1,641 Clay County
Brasstown Creek. (Unincorporated
Areas).
Approximately 1.0 mile None +1,914
upstream of Royal Oaks
Trail.
Qually Creek........................ At the confluence with None +1,788 Clay County
Hiwassee River. (Unincorporated
Areas).
Approximately 0.5 mile None +1,837
upstream of Ali Drive.
Shooting Creek...................... Approximately 800 feet None +1,929 Clay County
upstream of Old (Unincorporated
Highway 64E. Areas).
Approximately 90 feet None +2,183
upstream of Old
Highway 64E.
Sweetwater Creek.................... At the confluence with None +1,686 Clay County
Hiwassee River. (Unincorporated
Areas).
Approximately 1.2 miles None +1,844
upstream of U.S.
Highway 64.
Thompson Creek...................... At the confluence with None +2,183 Clay County
Shooting Creek. (Unincorporated
Areas).
Approximately 0.5 mile None +2,283
upstream of Muskrat
Creek Road (State Road
1173).
Town Creek.......................... At the confluence with None +1,793 Clay County
Hiwassee River. (Unincorporated
Areas), Town of
Hayesville.
Approximately 0.5 mile None +1,831
upstream of Anderson
Street.
Tusquitee Creek..................... At the confluence with None +1,783 Clay County
Hiwassee River. (Unincorporated
Areas).
Approximately 2.0 miles None +2,214
upstream of Chairmaker
Drive.
Winchester Creek.................... At the confluence with None +1,671 Clay County
Brasstown Creek. (Unincorporated
Areas).
Approximately 1,090 None +1,716
feet upstream of West
Gum Log Road (State
Road 1107).
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.

ADDRESSES

Clay County

Maps are available for inspection at Clay County Building, 33 Main Street, Hayesville, NC.
Send comments to Mr. Paul Leek, Clay County Manager, P.O. Box 118, Hayesville, NC 28904.

Town of Hayesville

Maps are available for inspection at Hayesville Town Hall, 235 Sanderson Street, Hayesville, NC.
Send comments to The Honorable Harrell Moore, Mayor of the Town of Hayesville, P.O. Box 235, Hayesville, NC
28904.
----------------------------------------------------------------------------------------------------------------
Dyer County, Tennessee, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Mississippi River................... Approximately 720 feet None +268 Unincorporated Areas of
downstream from the Dyer County.
confluence of Obion
River.
County boundary........ None +281
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.

ADDRESSES

Unincorporated Areas of Dyer County
Maps are available for inspection at Building Inspector's Office, 1 Veterans Square, Dyersburg, TN
38025.
Send comments to The Honorable Richard Hill, Mayor, Dyer County, Dyer County Courthouse, P.O. Box 1360,
Dyersburg, TN 38025-1360.

----------------------------------------------------------------------------------------------------------------

[[Page 56979]]

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

Dated: September 21, 2007.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance
Program, Department of Homeland Security, Federal Emergency Management
Agency.
[FR Doc. E7-19680 Filed 10-4-07; 8:45 am]
BILLING CODE 9110-12-P

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