Proposed Rule: Flood Elevation Determinations

35947
Proposed Rules Federal Register

Vol. 72, No. 126
Monday, July 2, 2007
This section of the FEDERAL REGISTER ADDRESSES: The proposed BFEs for each CFR part 10, Environmental
contains notices to the public of the proposed community are available for inspection Consideration. An environmental
issuance of rules and regulations. The at the office of the Chief Executive impact assessment has not been
purpose of these notices is to give interested Officer of each community. The prepared.
persons an opportunity to participate in the respective addresses are listed in the
rule making prior to the adoption of the final
Regulatory Flexibility Act. As flood
table below. elevation determinations are not within
rules.
FOR FURTHER INFORMATION CONTACT: the scope of the Regulatory Flexibility
William R. Blanton, Jr., Engineering Act, 5 U.S.C. 601–612, a regulatory
DEPARTMENT OF HOMELAND Management Section, Mitigation flexibility analysis is not required.
SECURITY Directorate, Federal Emergency Regulatory Classification. This
Management Agency, 500 C Street SW., proposed rule is not a significant
Federal Emergency Management Washington, DC 20472, (202) 646–3151. regulatory action under the criteria of
Agency SUPPLEMENTARY INFORMATION: The section 3(f) of Executive Order 12866 of
Federal Emergency Management Agency September 30, 1993, Regulatory
44 CFR Part 67 (FEMA) proposes to make Planning and Review, 58 FR 51735.
determinations of BFEs and modified Executive Order 13132, Federalism.
[Docket No. FEMA–B–7721] BFEs for each community listed below, This proposed rule involves no policies
in accordance with section 110 of the that have federalism implications under
Proposed Flood Elevation Flood Disaster Protection Act of 1973, Executive Order 13132.
Determinations 42 U.S.C. 4104, and 44 CFR 67.4(a). Executive Order 12988, Civil Justice
These proposed BFEs and modified Reform. This proposed rule meets the
AGENCY:Federal Emergency BFEs, together with the floodplain applicable standards of Executive Order
Management Agency, DHS. management criteria required by 44 CFR 12988.
ACTION: Proposed rule. 60.3, are the minimum that are required.
They should not be construed to mean List of Subjects in 44 CFR Part 67
SUMMARY: Technical information or that the community must change any Administrative practice and
comments are requested on the existing ordinances that are more procedure, Flood insurance, Reporting
proposed Base (1% annual chance) stringent in their floodplain and recordkeeping requirements.
Flood Elevations (BFEs) and proposed management requirements. The
Accordingly, 44 CFR part 67 is
BFEs modifications for the communities community may at any time enact
proposed to be amended as follows:
listed below. The BFEs are the basis for stricter requirements of its own, or
the floodplain management measures pursuant to policies established by other PART 67—[AMENDED]
that the community is required either to Federal, State or regional entities. These
adopt or to show evidence of being proposed elevations are used to meet 1. The authority citation for part 67
already in effect in order to qualify or the floodplain management continues to read as follows:
remain qualified for participation in the requirements of the NFIP and are also Authority: 42 U.S.C. 4001 et seq.;
National Flood Insurance Program used to calculate the appropriate flood Reorganization Plan No. 3 of 1978, 3 CFR,
(NFIP). insurance premium rates for new 1978 Comp., p. 329; E.O. 12127, 44 FR 19367,
buildings built after these elevations are 3 CFR, 1979 Comp., p. 376.
DATES: The comment period is ninety made final, and for the contents in these
(90) days following the second buildings. § 67.4 [Amended]
publication of this proposed rule in a National Environmental Policy Act. 2. The tables published under the
newspaper of local circulation in each This proposed rule is categorically authority of § 67.4 are proposed to be
community. excluded from the requirements of 44 amended as follows:
* Elevation in feet (NGVD)

+ Elevation in feet (NAVD)
# Depth in feet above
Flooding source(s) Location of referenced elevation Communities affected
ground.
Effective Modified
Warren County, Mississippi, and Incorporated Areas
Clear Creek ........................... At Tiffintown Road ........................................................ None +144 (Warren County Unincor-
porated Areas).
Approximately 6490 feet upstream of Tiffintown Road None +150
rwilkins on PROD1PC63 with PROPOSALS-1
Tributary 1 ...................... At Tiffintown Road ........................................................ None +144 (Warren County Unincor-
porated Areas).
Approximately 1825 feet upstream of Tiffintown Road None +145
Crouches Creek .................... Approximately 840 feet downstream of confluence None +155 (Warren County Unincor-
with Crouches Creek Tributary 2. porated Areas).
Approximately 2730 feet upstream of confluence with None +164
Crouches Creek Tributary 2.
VerDate Aug<31>2005 19:40 Jun 29, 2007 Jkt 211001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\02JYP1.SGM 02JYP1
35948 Federal Register / Vol. 72, No. 126 / Monday, July 2, 2007 / Proposed Rules

# Depth in feet above
Flooding source(s) Location of referenced elevation Communities affected
ground.
Effective Modified
Tributary 2 ...................... At confluence with Crouches Creek ............................. None +159 (Warren County Unincor-
porated Areas).
At Freetown Road ........................................................ None +165
Tributary 3 ...................... At confluence with Crouches Creek ............................. None +159 (Warren County Unincor-
porated Areas).
Crouches Creek.
Glass Bayou .......................... At Fort Hill Drive ........................................................... None +123 City of Vicksburg.
At Evergreen Drive ....................................................... None +208
Muddy Creek ......................... At Tucker Road ............................................................ None +148 (Warren County Unincor-
porated Areas).
Approximately 4565 feet upstream of Tucker Road .... None +150
Tributary 1 ...................... At confluence with Muddy Creek ................................. None +148 (Warren County Unincor-
porated Areas).
Muddy Creek.
Paces Bayou ......................... At U.S. Highway 61 ...................................................... None +96 City of Vicksburg.
Approximately 3530 feet upstream of U.S. Highway None +108 (Warren County Unincor-
61. porated Areas).
Tributary 1 ...................... At Redbone Road ......................................................... None +121 City of Vicksburg.
Approximately 1390 feet upstream of Redbone Road None +123
Tributary 3 ...................... At Redbone Road ......................................................... None +115 City of Vicksburg.
Approximately 2040 feet upstream of Redbone Road None +118 (Warren County Unincor-
porated Areas).
Silver Creek .......................... Approximately 1500 feet downstream of confluence None +162 (Warren County Unincor-
with Silver Creek Tributary 2. porated Areas).
Silver Creek Tributary 3.
Tributary 2 ...................... Approximately 745 feet upstream of confluence with None +181 (Warren County Unincor-
Silver Creek. porated Areas).
Silver Creek.
Tributary 3 ...................... Approximately 1070 feet upstream of confluence with None +191 (Warren County Unincor-
Silver Creek. porated Areas).
Silver Creek.
Stouts Bayou ......................... At Interstate 20 ............................................................. None +122 City of Vicksburg.
At Spring Street ............................................................ None +197
* National Geodetic Vertical Datum.

+ North American Vertical Datum.
# Depth in feet above ground.
ADDRESSES
City of Vicksburg
Maps are available for inspection at 1401 Walnut Street, Vicksburg, MS 39180.
Send comments to The Honorable Laurence E. Leyens, Mayor, City of Vicksburg, 1401 Walnut Street, Vicksburg, MS 39180.
Warren County (Unincorporated Areas)
Maps are available for inspection at 913 Jackson Street, Vicksburg, MS 39183.
Send comments to Mr. Carl Flanders, Chairman, Warren County Board of Supervisors, 913 Jackson Street, Vicksburg, MS 39183.
Grand County, Utah, and Incorporated Areas
Pack Creek ........................... At the confluence with Mill Creek ................................. *4022 +4030 Grand County (Unincor-
porated Areas)
160 feet upstream of Mill Creek Drive ......................... None +4199 City of Moab
* National Geodetic Vertical Datum.

+ North American Vertical Datum.
# Depth in feet above ground.
ADDRESSES
City of Moab
Maps are available for inspection at 217 East Center Street, Moab, UT 84532.
Send comments to The Honorable Dave Sakirson, Moab City Mayor, 217 East Center Street, Moab, UT 84532.
Grand County (Unincorporated Areas)
Maps are available for inspection at Grand County Courthouse, Moab, UT 84532.
Send comments to Joette Langianese, Chair, Grand County Council, 125 East Center Street, Moab, UT 84532.
Federal Register / Vol. 72, No. 126 / Monday, July 2, 2007 / Proposed Rules 35949
(Catalog of Federal Domestic Assistance No. newspaper of local circulation in each excluded from the requirements of 44
97.022, ‘‘Flood Insurance.’’) community. CFR part 10, Environmental
Dated: June 18, 2007. ADDRESSES: The proposed BFEs for each Consideration. An environmental
David I. Maurstad, community are available for inspection impact assessment has not been
Federal Insurance Administrator of the at the office of the Chief Executive prepared.
National Flood Insurance Program, Officer of each community. The Regulatory Flexibility Act. As flood
Department of Homeland Security, Federal respective addresses are listed in the elevation determinations are not within
Emergency Management Agency. table below. the scope of the Regulatory Flexibility
[FR Doc. E7–12697 Filed 6–29–07; 8:45 am] FOR FURTHER INFORMATION CONTACT: Act, 5 U.S.C. 601–612, a regulatory
BILLING CODE 9110–12–P William R. Blanton, Jr., Engineering flexibility analysis is not required.
Management Section, Mitigation Regulatory Classification. This
Directorate, Federal Emergency proposed rule is not a significant
DEPARTMENT OF HOMELAND Management Agency, 500 C Street, SW., regulatory action under the criteria of
SECURITY Washington, DC 20472, (202) 646–3151. section 3(f) of Executive Order 12866 of
SUPPLEMENTARY INFORMATION: The September 30, 1993, Regulatory
Federal Emergency Management Planning and Review, 58 FR 51735.
Agency Federal Emergency Management Agency
(FEMA) proposes to make Executive Order 13132, Federalism.
determinations of BFEs and modified This proposed rule involves no policies
44 CFR Part 67
BFEs for each community listed below, that have federalism implications under
in accordance with section 110 of the Executive Order 13132.
[Docket No. FEMA–B–7718] Flood Disaster Protection Act of 1973, Executive Order 12988, Civil Justice
42 U.S.C. 4104, and 44 CFR 67.4(a). Reform. This proposed rule meets the
Proposed Flood Elevation These proposed BFEs and modified applicable standards of Executive Order
Determinations BFEs, together with the floodplain 12988.
AGENCY: Federal Emergency management criteria required by 44 CFR
60.3, are the minimum that are required. List of Subjects in 44 CFR Part 67
Management Agency, DHS.
They should not be construed to mean Administrative practice and
ACTION: Proposed rule.
that the community must change any procedure, Flood insurance, Reporting
SUMMARY: Technical information or existing ordinances that are more and recordkeeping requirements.
comments are requested on the stringent in their floodplain
Accordingly, 44 CFR part 67 is
proposed Base (1% annual chance) management requirements. The
proposed to be amended as follows:
Flood Elevations (BFEs) and proposed community may at any time enact
BFEs modifications for the communities stricter requirements of its own, or PART 67—[AMENDED]
listed below. The BFEs are the basis for pursuant to policies established by other
the floodplain management measures Federal, State or regional entities. These 1. The authority citation for part 67
that the community is required either to proposed elevations are used to meet continues to read as follows:
adopt or to show evidence of being the floodplain management Authority: 42 U.S.C. 4001 et seq.;
already in effect in order to qualify or requirements of the NFIP and are also Reorganization Plan No. 3 of 1978, 3 CFR,
remain qualified for participation in the used to calculate the appropriate flood 1978 Comp., p. 329; E.O. 12127, 44 FR 19367,
National Flood Insurance Program insurance premium rates for new 3 CFR, 1979 Comp., p. 376.
(NFIP). buildings built after these elevations are
made final, and for the contents in these § 67.4 [Amended]
DATES: The comment period is ninety buildings. 2. The tables published under the
(90) days following the second National Environmental Policy Act. authority of § 67.4 are proposed to be
publication of this proposed rule in a This proposed rule is categorically amended as follows:

Location of referenced # Depth in feet above
Flooding source(s) Communities affected
elevation ground
Effective Modified
Cabarrus County, North Carolina and Incorporated Areas
Adams Creek ........................ Approximately 150 feet upstream of NC 73 ................. None +630 Cabarrus County (Unincor-
porated Areas).
Approximately 1,460 feet upstream of NC 73 Highway None +630
E.
Afton Run .............................. Approximately 50 feet upstream of Dogwood Boule- None +665 City of Kannapolis.
vard.
Approximately 1.5 miles upstream of Dogwood Boule- None +710
vard.
Anderson Creek .................... Approximately 50 feet upstream of Bethel Church None +566 Cabarrus County (Unincor-
Road (State Road 1125). porated Areas).
Approximately 900 feet upstream of Sam Black Road None +613
(State Road 1127).
Tributary 1 ...................... At the confluence with Anderson Creek ....................... None +575 Cabarrus County (Unincor-
porated Areas).
At Sam Black Road (State Road 1127) ....................... None +611

Proposed Rule: Flood Elevation Determinations

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35947

Proposed Rules Federal Register

Monday, July 2, 2007

* Elevation in feet (NGVD)

Warren County, Mississippi, and Incorporated Areas

* Elevation in feet (NGVD)

* National Geodetic Vertical Datum.

Grand County, Utah, and Incorporated Areas

* National Geodetic Vertical Datum.

* Elevation in feet (NGVD)

Cabarrus County, North Carolina and Incorporated Areas

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