E7-7973. Proposed Flood Elevation Determinations

AGENCY:

Federal Emergency Management Agency, DHS.

ACTION:

Proposed rule.

SUMMARY:

Technical information or comments are requested on the proposed Base (1% annual chance) Flood Elevations (BFEs) and proposed BFEs modifications for the communities listed below. The BFEs are the basis for the floodplain management measures that the community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

DATES:

The comment period is ninety (90) days following the second publication of this proposed rule in a newspaper of local circulation in each community.

ADDRESSES:

The proposed BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT:

William R. Blanton, Jr., Engineering Management Section, Mitigation Division, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, [phone].

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.

§ 67.4

[Amended]

2. The tables published under the authority of § 67.4 are proposed to be amended as follows:

State	City/town/county	Source of flooding	Location	#Depth in feet above ground. *Elevation in feet (NGVD) +Elevation in feet (NAVD)
				Existing	Modified
City of Lynchburg, Virginia
Virginia	City of Lynchburg	Burton Creek	Confluence with Blackwater Creek	*660	+660
			Approximately 1800 feet upstream of Wards Ferry Road	None	+758
		Burton Creek Tributary No. 1	Confluence with Burton Creek	None	+758
			Approximately 1.0 mile upstream of confluence with Burton Creek	None	+870
		Burton Creek Tributary No. 2	Confluence with Burton Creek Tributary No. 1	None	+767
			Approximately 950 feet upstream of Wade Lane	None	+844
		Burton Creek Tributary No. 3	Confluence with Burton Creek	None	+758
			Approximately 2300 feet upstream of confluence with Burton Creek	None	+841
		Burton Creek Tributary No. 4	Confluence with Burton Creek	None	+755
			Approximately 0.5 mile upstream of Wards Ferry Road	None	+836
		Burton Creek Tributary No. 5	Confluence with Burton Creek	None	+755
			Approximately 850 feet upstream of confluence with Burton Creek	None	+768
		Burton Creek Tributary No. 6	Confluence with Burton Creek	None	+720
			Approximately 1250 feet upstream of confluence with Burton Creek	None	+757
		Rock Castle Creek	Confluence with Burton Creek	*722	+740
			Just upstream of Wards Ferry Road	*814	+810
		Rock Castle Creek Tributary No. 4	Confluence with Rock Castle Creek	None	+758
			Approximately 1500 feet upstream of railroad spur	None	+843
		Rock Castle Creek Tributary No. 5	Confluence with Rock Castle Creek	None	+740
			Approximately 200 feet upstream of Lynchburg Expressway	None	+783
		Rock Castle Creek Tributary No. 6	Confluence with Rock Castle Creek	None	+740
			Approximately 800 feet upstream of Edgewood Drive	None	+804
*National Geodetic Vertical Datum.
#Depth in feet above ground.
+North American Vertical Datum.
ADDRESSES
City of Lynchburg
Maps are available for inspection at 900 Church Street, 2nd Floor Planning Division, Lynchburg, VA 24504.
Send comments to The Honorable Joan Foster, Mayor, 900 Church Street, Lynchburg, VA 24504.

Flooding source(s)	Location of referenced elevation	*Elevation in feet (NGVD) +Elevation in feet (NAVD) #Depth in feet above ground		Communities affected
		Effective	Modified
Hancock County, Kentucky, and Incorporated Areas
Ohio River	Daviess County Line	None	+392	City of Hawesville.
	Breckinridge County Line	None	+407	City of Lewisport, Hancock County (Unincorporated Areas).
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.
ADDRESSES
City of Hawesville
Maps are available for inspection at 385 Main Street, Hawesville, KY 42348.
Send comments to The Honorable Charles King, Mayor, City of Hawesville, 395 Main Street, P.O. Box 157, Hawesville, KY 42348.
City of Lewisport
Maps are available for inspection at 590 Old Mill Road, Lewisport, KY 42351.
Send comments to The Honorable Chad Gregory, Mayor, City of Lewisport, 1010 Market Street, Lewisport, KY 42351.
Hancock County (Unincorporated Areas)
Maps are available for inspection at 385 Main Street, Hawesville, KY 42348.
Send comments to The Honorable Jack McCaslin, Hancock County, P.O. Box 580, Hawesville, KY 42348.
Waukesha County, Wisconsin, and Incorporated Areas
Ashippun River	At Pennsylvania Avenue Ashippun Lake At Norwegian Road	None None None	*854 *871 *915	Waukesha County (Unincorporated Areas).
Bark River	Drumlin Trail At North Road	None None	*848 *973	Waukesha County (Unincorporated Areas). City of Delafield, Village of Dousman, Village of Hartland, Village of Merton.
Butler Ditch	Hampton Road	*752	*750	City of Brookfield.
	Lilly Road	*759	*757
Deer Creek	Pinehurst Drive Harcove Drive	*838 *871	*837 *870	City of New Berlin, City of Brookfield.
Dousman Ditch	Gebhardt Road	*828	*825	City of Brookfield.
	Lake Road	*830	*831
Fox River	River Road Lannon Road	*826 *887	*827 *886	Village of Menomonee Falls, City of Brookfield.
Lake Nagawicka	Lake Nagawicka	*891	*893	City of Delafield.
Mukwonago River	South Rochester Street Eagle Springs Lake	*784 None	*786 *822	Waukesha County (Unincorporated Areas), Village of Mukwonago.
Pewaukee Lake	Pewaukee Lake	*855	*854	Village of Pewaukee.
Quietwood Creek	Woods Road	None	*781	City of Muskego.
	Janesville Road	None	*800
Rosenow Creek	Lake Street Brown Street	None None	*861 *873	Waukesha County (Unincorporated Areas), City of Oconomowoc.
South Branch Sussex Creek	Bugline Trail Mary Hill Road	*938 None	*941 *955	Waukesha County (Unincorporated Areas).
				Village of Sussex.
South Branch Underwood Creek	At Interstate I-94	*722	*723	City of Brookfield.
Sussex Creek	Duplainville Road	*838	*835	Village of Sussex.
	Main Street	*922	*924	City of Pewaukee. Waukesha County (Unincorporated Areas).
Sussex Creek Tributary 1	Weyer Road Lisbon Road	None None	*845 *859	Waukesha County (Unincorporated Areas).
Underwood Creek	UPS Service Road Pilgrim Road	*725 *821	*724 *819	City of Brookfield, Village of Elm Grove.
Upper Namahbin Lake	Upper Namahbin Lake	*872	*874	Waukesha County (Unincorporated Areas).
Upper/Lower Phantom Lake	Upper/Lower Phantom Lake	*792	*794	Waukesha County (Unincorporated Areas).
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.
ADDRESSES
City of Brookfield
Maps are available for inspection at 2000 N. Calhoun Road, Brookfield, WI 53005.
Send comments to Mr. Mike Theis, Community Development Director, 2000 N. Calhoun Road, Brookfield, WI 53005.
City of Delafield
Maps are available for inspection at 500 Genesee Street, Delafield, WI 53018.
Send comments to Mr. Matt Carlson, Administrator, 500 Genesee Street, Delafield, WI 53018.
City of Muskego
Maps are available for inspection at W182 S8200 Racine Avenue, Muskego, WI 53150-0749.
Send comments to Mr. Jeff Muenkel, Planning Director, PO Box 0749, Muskego, WI 53150-0749.
City of New Berlin
Maps are available for inspection at 3805 South Casper Drive, New Berlin, WI 53151.
Send comments to Mr. Greg Kessler, Community Development Director, 3805 South Casper Drive, New Berlin, WI 53151.
City of Oconomowoc
Maps are available for inspection at 174 E. Wisconsin Avenue, Oconomowoc, WI 53066.
Send comments to Mr. Jason Gallo, Planning Director, PO Box 27, Oconomowoc, WI 53066.
City of Pewaukee
Maps are available for inspection at W240N3065 Pewaukee Road, Pewaukee, WI 53072.
Send comments to Mr. Harland Clinkenbeard, Planning Director, W240N3065 Pewaukee Road, Pewaukee, WI 53072.
Waukesha County (Unincorporated Areas)
Maps are available for inspection at 515 W. Moorland Blvd., Waukesha, WI 53188.
Send comments to Mr. Dick Mace, Planning and Zoning Manager, 1320 Pewaukee Road, Waukesha, WI 53188.
Village of Dousman
Maps are available for inspection at 118 S. Main Street, Dousman, WI 53118.
Send comments to Mr. Bruce Kaniewski, Zoning Administrator, 118 S. Main Street, Dousman, WI 53118.
Village of Elm Grove
Maps are available for inspection at 13600 Juneau Blvd., Elm Grove, WI 53122.
Send comments to Mr. Austin Eich, Zoning and Planning Administrator, 13600 Juneau Blvd., Elm Grove, WI 53122.
Village of Hartland
Maps are available for inspection at 210 Cottonwood Avenue, Hartland, WI 53029.
Send comments to Mr. Scott Hussinger, Zoning Administrator, 210 Cottonwood Avenue, Hartland, WI 53029.
Village of Menomonee Falls
Maps are available for inspection at W156 N8480 Pilgrim Road, Menomonee Falls, WI 53051-3140.
Send comments to Mr. William Freislenben, Director of Community Development, W156 N8480 Pilgrim Road, Menomonee Falls, WI 53051-3140.
Village of Merton
Maps are available for inspection at 28343 Sussex Road, Merton, WI 53056.
Send comments to Mr. Thomas Nelson, Administrator, 28343 Sussex Road, PO Box 13, Merton, WI 53056.
Village of Mukwonago
Maps are available for inspection at 440 River Crest Court, Mukwonago, WI 53149.
Send comments to Mr. Joseph J Hankovich, Zoning Administrator, 440 River Crest Court, PO Box 206, Mukwonago, WI 53149.
Village of Pewaukee
Maps are available for inspection at 235 Hickory Street, Pewaukee, WI 53072.
Send comments to Mr. Scott Gosse, Village Administrator, 235 Hickory Street, Pewaukee, WI 53072.
Village of Sussex
Maps are available for inspection at N64 W23760 Main Street, Sussex, WI 53089.
Send comments to Mr. Evan Teich, Administrator, N64 W23760 Main Street, Sussex, WI 53089.

(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”)

Dated: April 16, 2007.

David I. Maurstad,

Federal Insurance Administrator of the National Flood Insurance Program, Federal Emergency Management Agency, Department of Homeland Security.