E7-12692. 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, [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:

Flooding source(s)	Location of referenced elevation	* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground		Communities affected
		Effective	Modified
Allen County, Indiana, and Incorporated Areas
Aboite Creek	Approximately 350 feet downstream of Powell Road	+756	+755	Allen County (Unincorporated Areas).
	Approximately 2,000 feet upstream of Powell Road	+756	+755
Brown Ditch	At the confluence with Adam Schlemmer-Baker Ditch	+793	+792	Allen County (Unincorporated Areas).
	Approximately 650 feet upstream of the confluence with Adam Schlemmer-Baker Ditch	+793	+792
Bullerman Branch	Approximately 775 feet upstream of the confluence with Bullerman Ditch	+777	+778	Allen County (Unincorporated Areas), City of Fort Wayne.
	Approximately 600 feet downstream of Stellhorn Road	+777	+778
Durnell Ditch	Approximately 1,056 feet upstream of Interstate Highway 69	+787	+786	City of Fort Wayne.
	Approximately 615 feet downstream of State Highway 14/Illinois Road	+808	+807
Junk Ditch	At the confluence with St. Mary's River	+758	+759	City of Fort Wayne.
	Approximately 150 feet upstream of Taylor Street	+758	+759
Lawrence Branch	At the confluence with Flaugh Ditch	+775	+776	City of Fort Wayne.
	Approximately 150 feet upstream of the confluence with Flaugh Ditch	+775	+776
Martin Ditch	At the confluence with MaumeeRiver	+749	+748	City of New Haven.
	Approximately 2,900 feet upstream of confluence with Maumee River	+749	+748
St. Mary's River	Just downstream of Bostick Road	+771	+772	Allen County (Unincorporated Areas).
	At South County Line Road East	+776	+778
Willow Creek Branch No. 7	At the confluence with WillowCreek	+825	+824	Allen County (Unincorporated Areas).
	Approximately 1,500 feet downstream of Woods Road	+825	+824
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
# 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	Pearl River County (Unincorporated Areas).
	Approximately 420 feet upstream of Savannah Millard Road	None	+147
Jumpoff Creek	At the confluence with East Hobolochitto Creek	None	+162	Pearl River County (Unincorporated Areas).
	Just upstream of Norfolk Southern Railroad	None	+238
Juniper Creek	At the confluence with East Hobolochitto Creek	None	+166	Pearl River County (Unincorporated Areas).
	Approximately 1,900 feet upstream of Dupont-Harris Road	None	+252
Long Branch	At the confluence with West Hobolochitto Creek	None	+72	Pearl River County (Unincorporated Areas).
	Approximately 6,900 feet upstream of Nelle Burkes Road	None	+161
Mill Creek No. 1	At the Pearl River-Hanconk County Boundary	None	+79	Pearl River County (Unincorporated Areas).
	Approximately 4,800 feet upstream of Mill Creek 2 Tributary 4	None	+175
No. 3	Approximately 170 feet upstream of Boley Bypass Road	None	+54	Pearl River County (Unincorporated Areas).
	Approximately 14,600 feet upstream of Highway 11	None	+180
No. 4	Just upstream of the dam	None	+91	Pearl River County (Unincorporated Areas).
	Approximately 6,200 feet upstream of Rock Ranch Road	None	+143
West Hobolochitto Creek	Approximately 600 feet downstream of Henleyfield-McNeill Road	None	+98	Pearl River County (Unincorporated Areas).
	Approximately 200 feet upstream of Highway 26	+133	+130
White Sand Creek	At the confluence with West Hobolochitto Creek	None	+129	Pearl River County (Unincorporated Areas).
	Approximately 4,050 feet upstream of White Sand Creek Tributary 7	None	+247
Wolf River	Approximately 16,100 feet downstream of McNeill-McHenryRoad	None	+120	Pearl River County (Unincorporated Areas).
	Approximately 2,500 feet upstream of Highway 11	None	+241
* 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 downstream of intersection with Blackjack Rd	None	+332	City of Whitehouse (Smith County), Unincorporated Areas.
	Approximately 1750 feet upstream of intersection with FM 346 E	None	+483
Tributary 1	Confluence with Blackhawk Creek	None	+383	City of Whitehouse.
	Approximately 250 feet upstream of Hagan Rd intersection	None	+419
Tributary 2	Confluence with Blackhawk Creek	None	+418	City of Whitehouse.
	Approximately 2000 feet upstream of interstection with CR 2319	None	+460
Hill Creek	Approximately 3500 feet from intersection with Troup Highway	None	+379	City of Whitehouse (Smith County), Unincorporated Areas.
	Approximately 2500 feet downstream of intersection with Bascom Rd	None	+465
Horsepen Branch	Approximately 8000 feet downstream of confluence with Kickapoo Creek	None	+392	City of Troup.
	Approximately 1100 feet downstream of confluence with Kickapoo Creek	None	+411
Mud Creek	Approximately 7000 feet downstream from intersection with Old Tyler Rd. (County Line)	None	+315	(Smith County) Unincorporated Areas.
	Approximately 140 feet upstream from intersection with TroupHighway	None	+333
Prairie Creek South	Approximately 1750 feet downstream of intersection with Old Omen Rd	None	+382	(Smith County) Unincorporated Areas, New Chapel Hill.
	1750 feet upstream of intersection with Henderson Hwy	None	+422
Prairie Creek Tributary 1	Confluence with Prairie Creek South	None	+391	(Smith County) Unincorporated Areas.
	1500 feet upstream from Dam	None	+451
* 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.

(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.