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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

CFR Citation: 44 CFR Part 67

Docket ID: [Docket No. FEMA-B-7790]

NOTICE: PROPOSED RULES

DOCUMENT ACTION: Proposed rule.

SUBJECT CATEGORY: Proposed Flood Elevation Determinations

DATES: Comments are to be submitted on or before September 29, 2008.

DOCUMENT SUMMARY: Comments are requested on the proposed Base (1 percent annual- chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed in the table below. The purpose of this notice is to seek general information and comment regarding the proposed regulatory flood elevations for the reach described by the downstream and upstream locations in the table below. The BFEs and modified BFEs are a part of the floodplain management measures that the community is required either to adopt or show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). In addition, these elevations, once finalized, will be used by insurance agents, and others to calculate appropriate flood insurance premium rates for new buildings and the contents in those buildings.

SUMMARY: Proposed Flood Elevation Determinations,

SUPPLEMENTAL 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.

Comments on any aspect of the Flood Insurance Study and FIRM, other than the proposed BFEs, will be considered. A letter acknowledging receipt of any comments will not be sent.

Administrative Procedure Act Statement. This matter is not a rulemaking governed by the Administrative Procedure Act (APA), 5 U.S.C. 553. FEMA publishes flood elevation determinations for notice and comment; however, they are governed by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq., and do not fall under the APA.

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.

Executive Order 12866, Regulatory Planning and Review. This proposed rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866, as amended.

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.
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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) State City/town/county Source of flooding Location ** Depth in feet above ground Existing Modified Village of Maple Bluff, Wisconsin Wisconsin............................ Village of Maple Bluff.. Lake Mendota............................. Entire Shoreline.......................................... +852 +853 * National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Village of Maple Bluff
Maps are available for inspection at 18 Oxford Place, Madison, WI 53704. * Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s) Location of referenced Depth in feet above Communities affected elevation ** ground Effective Modified Lea County, New Mexico, and Incorporated Areas Main Street Ditch................... Approximately 270 feet None +3887 Unincorporated Areas of downstream of S. Lea County. Industrial Rd.
Approximately 2050 feet None +3893 upstream of S.
Industrial Road.
Railroad Ditch...................... Intersection of S. Main None +3880 Unincorporated Areas of Street and E. Gilmore Lea County. Road.
Intersection of R None +3911 Avenue and 9th Street. Stream 2............................ Intersection with Dal None +3637 Unincorporated Areas of Paso Street. Lea County. Approximately 2650 feet None +3643 upstream of Dal Paso St. (City of Hobbs
limits).
Stream 3............................ Intersection with N. None +3655 Unincorporated Areas of Dal Paso St. Lea County. Approximately 2850 feet None +3674 upstream of N. Rolling Meadows Dr.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Lea County Maps are available for inspection at 100 North Main, Lovington, NM 88260. Nassau County, New York, and Incorporated Areas Atlantic Ocean...................... Approximately 1,000 +11 +6 Town of Oyster Bay. feet west of the
county line and 1,600 feet inland from the Atlantic Ocean.
Approximately 2.86 +9 +8 miles west of the
county line and 0.547 miles inland from the Atlantic Ocean.
[[Page 36832]]
Atlantic Ocean Approximately 510 feet +9 +10 City of Long Beach, north of the Village of Atlantic intersection of Bay Beach. Boulevard and Coronado Street.
At the intersection of +9 +16 East Broadway and
Riverside Boulevard. Cold Spring Harbor.................. Approximately 1,960 +12 +11 Village of Cove Neck. feet northeast of the intersection of
Elfland Court and
Tennis Court Road.
Approximately 0.4 mile +14 +11 northeast of the
intersection of
Elfland Court and
Tennis Court Road.
Glen Cove Creek..................... On Morris Avenue, 1,070 +13 +11 City of Glen Cove. feet west northwest of the intersection of
Shore Boulevard and
Glen Cove Avenue.
Approximately 850 feet +13 +12 west northwest of the intersection of
Hammond Road and Shore Boulevard.
Head of Bay......................... At the intersection of +7 +11 Town of Hempstead. Bayswater Boulevard
and Walnut Road.
Motts Creek......................... At a point +7 +11 Village of Valley approximately 1,234 Stream. feet downstream of
Cochran Place.
At a point +10 +11 approximately 40 feet downstream of Rockaway Avenue.
South Oyster Bay.................... At the intersection of +6 +7 Village of Freeport, Deerwater Avenue and Town of Oyster Bay. Edgewater Avenue.
Approximately 195 feet +6 +10 southwest of the
intersection of
Woodcleft Avenue and Richmond Street.
Valley Stream....................... At a point +7 +11 Village of Valley approximately 95 feet Stream. downstream of Central Avenue.
At Sunrise Highway..... +10 +11 * National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Glen Cove
Maps are available for inspection at Glen Cove City Hall, 9 Glen Street, Glen Cove, NY. City of Long Beach
Maps are available for inspection at Long Beach City Hall, 1 West Chester Street, Long Beach, NY. Town of Hempstead
Maps are available for inspection at Hempstead Town Hall, One Washington Street, Hempstead, NY. Town of Oyster Bay
Maps are available for inspection at Oyster Bay Town Hall North, 74 Audry Avenue, Oyster Bay, NY. Village of Atlantic Beach
Maps are available for inspection at Atlantic Beach Village Hall, 65 The Plaza, Atlantic Beach, NY. Village of Cove Neck
Maps are available for inspection at Cove Neck Village Attorney's Office, 147 Forest Avenue, Locust Valley, NY. Village of Freeport
Maps are available for inspection at Freeport Village Hall, 46 North Ocean Avenue, Freeport, NY. Village of Valley Stream
Maps are available for inspection at Valley Stream Village Hall, 123 South Central Avenue, Valley Stream, NY. Haywood County, North Carolina, and Incorporated Areas Plott Creek......................... Approximately 200 feet +2701 +2702 Unincorporated Areas of upstream of the Haywood County, Town confluence with of Waynesville. Richland Creek.
Approximately 650 feet None +3225 upstream of Serenity Mountain Road.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
[[Page 36833]]
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472. ADDRESSES Town of Waynesville
Maps are available for inspection at Waynesville Town Hall, 16 South Main Street, Waynesville, NC. Unincorporated Areas of Haywood County Maps are available for inspection at Haywood County Planning Office, 1233 North Main Street, Waynesville, NC. Knox County, Ohio, and Incorporated Areas Center Run.......................... At East Gambier Rd..... None +979 Unincorporated Areas of Knox County. Approximately 700 feet None +981 downstream of E Vine St.
Kokosing River...................... 0.55 miles upstream of None +944 Village of Gambier. Big Run Road.
Approximately 360 feet None +953 upstream of Laymon Rd. * National Geodetic Vertical Datum.
Depth in feet above ground.
+ North American Vertical Datum.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Knox County Maps are available for inspection at 117 East High Street, Mount Vernon, OH 43050. Village of Gambier
Maps are available for inspection at 115 Meadow Lane, Gambier, OH 43022. Waukesha County, Wisconsin, and Incorporated Areas Lake Nagawicka...................... Entire Shoreline....... *891 *893 Village of Nashotah. North Lake.......................... Entire Shoreline....... None *900 Village of Chenequa. * National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Village of Chenequa
Maps are available for inspection at 31275 W. Hwy. K, Chenequa, WI 53029. Village of Nashotah
Maps are available for inspection at N44 W32950 Watertown Plank Rd., Nashotah, WI 530580123. [[Page 36834]]
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'')

Dated: June 20, 2008.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. E814714 Filed 62708; 8:45 am]
BILLING CODE 911012P

FOR FURTHER INFORMATION CONTACT William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 6463151 or (email) bill.blanton@dhs.gov.