[Federal Register Volume 72, Number 45 (Thursday, March 8, 2007)]
[Proposed Rules]
[Pages 10470-10474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-4154]


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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-7709]


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, (202) 646-3151.

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.

[[Page 10471]]

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.


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) <greek-i>
         Flooding source(s)            Location of referenced     Depth in feet above      Communities affected
                                             elevation                  ground
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                               Sandoval County, New Mexico and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Tributary A (southern split)........  Approximately 130 feet          None        +5417  City of Rio Rancho.
                                       upstream from the
                                       convergence with
                                       Tributary A.
                                      Approximately 115 feet          None        +5436
                                       upstream from 11th
                                       street.
=====================================
* National Geodetic Vertical Datum.
<greek-i> Depth in feet above ground.
+ North American Vertical Datum.
                                                    ADDRESSES
 
City of Rio Rancho
 
Maps are available for inspection at 3900 Southern Blvd, Rio Rancho, NM 87124.
Send comments to The Honorable Kevin Jackson, Mayor, City of Rio Rancho, 3900 Southern Blvd, PO Box 15550, Rio
 Rancho, NM 87124.
----------------------------------------------------------------------------------------------------------------
                                    Bell County, Texas and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Acorn Creek.........................  Approximately 300 feet          None         +678  City of Killeen.
                                       upstream from
                                       confluence with
                                       Trimmier Creek.
                                      Approximately 1.33              None         +807
                                       miles from Stagecoach
                                       Road.
Caprice Ditch (Formerly Site          Confluence with Nolan           None         +740  City of Harker Heights.
 Tributary 7).                         Creek.
                                      Intersection with               None         +854  City of Killeen Bell
                                       Schwald Road.                                      County (Unincorporated
                                                                                          Areas).
Chaparral Creek.....................  Approximately 300 feet          None         +727  City of Killeen Bell
                                       upstream from the                                  County (Unincorporated
                                       confluence with                                    Areas).
                                       Trimmier Creek.
                                      Approximately 960 feet          None         +839
                                       upstream from the
                                       Chaparral Road.
Edgefield Creek.....................  Approximately 936 feet          None         +912  City of Killeen.
                                       upstream from the
                                       confluence with South
                                       Nolan Creek.
                                      Approximately 700 feet          None         +944
                                       upstream from
                                       Edgefield Street.
Embers Creek........................  Confluence with                 None         +774  City of Killeen.
                                       Trimmier Creek.
                                      Approximately 2060 feet         None         +807
                                       upstream from
                                       Stagecoach Road.
Fryers Creek........................  Approximately 100 feet          *591         +590  City of Temple.
                                       upstream from Waters
                                       Dairy Road.
                                      Approximately 500 feet          *623         +622
                                       downstream from State
                                       Highway 363.
Harker Heights Tributary 4..........  Confluence with Nolan           *740         +746  City of Harker Heights.
                                       Creek.
                                      Approximately 300 feet          *774         +773  City of Killeen.
                                       upstream from
                                       Stillwood Drive.
Hilliard Creek......................  Confluence with Long            None         +801  City of Killeen.
                                       Branch Ditch.
                                      Approximately 440 feet          None         +839
                                       upstream from
                                       Transverse Drive.
Hilliard Tributary 1................  Confluence with                 None         +830  City of Killeen.
                                       Hilliard Creek.
                                      Approximately 1300 feet         None         +845
                                       upstream from
                                       confluence with
                                       Hilliard Creek.
Hog Pen Creek.......................  Approximately 1000 feet         None         +547  City of Temple.
                                       upstream from Poison
                                       Oak Road.
                                      Approximately 1150 feet         None         +619
                                       upstream from FM2305.
    Tributary 1.....................  Confluence with Hog Pen         None         +575  City of Temple.
                                       Creek.
                                      Approximately 1500 feet         None         +592
                                       upstream from the
                                       confluence with Hog
                                       Pen Creek.
    Tributary 2.....................  Confluence with Hog Pen         None         +561  City of Temple.
                                       Creek.
                                      Approximately 1000 feet         None         +596
                                       upstream from Tarver
                                       Drive.

[[Page 10472]]

 
Liberty Ditch (Formerly Nolan Creek   Confluence with Nolan           +779         +783  City of Killeen.
 Tributary 3).                         Creek.
                                      Approximately 740 feet          None         +845
                                       upstream from Poage
                                       Avenue.
Little Nolan Creek..................  Confluence with Nolan           *747         +751  City of Killeen.
                                       Creek.
                                      West Trimmier Drive....         *904         +908
Long Branch Ditch (Formerly Long      Confluence with Nolan           *762         +765  City of Killeen.
 Branch).                              Creek.
                                      County Boundary........         *826         +827
North Reese Creek...................  Approximately 625 feet          None         +873  City of Killeen, Bell
                                       downstream from Reese                              County (Unincorporated
                                       Creek Highway.                                     Areas).
                                      Approximately 4125 feet         None         +939
                                       upstream from Laura
                                       Drive.
    Tributary 1.....................  Approximately 400 feet          None         +885  City of Killeen Bell
                                       downstream from                                    County (Unincorporated
                                       Maxdale Street.                                    Areas).
                                      Approximately 920 feet          None         +953
                                       upstream from Bunny
                                       Trail.
    Tributary 1A....................  Approximately 178 feet          None         +944  Bell County
                                       upstream from                                      (Unincorporated
                                       confluence with North                              Areas).
                                       Reese Creek Tributary
                                       1.
                                      Approximately 1638 feet         None         +965
                                       upstream from the
                                       confluence with North
                                       Reese Creek Tributary
                                       1.
    Tributary 3.....................  Approximately 1630 feet         None         +867  City of Killeen Bell
                                       upstream from                                      County (Unincorporated
                                       confluence with North                              Areas).
                                       Reese Creek.
                                      Approximately 2700 feet         None         +916
                                       upstream from
                                       Stagecoach Road.
    Tributary 4.....................  Approximately 960 feet          None         +877  City of Killeen.
                                       upstream from
                                       confluence with North
                                       Reese Creek.
                                      Approximately 1620 feet         None         +890
                                       upstream from
                                       confluence with North
                                       Reese Creek.
Old Florence Ditch (Formerly Little   Confluence with Little          *822         +825  City of Killeen.
 Nolan Creek Tributary 2).             Nolan Creek.
                                      Approximately 220 feet          None         +897
                                       upstream from Trimmier
                                       Road.
Rainforest Creek....................  Approximately 515 feet          None         +901  City of Killeen.
                                       upstream from
                                       confluence with South
                                       Nolan Creek.
                                      Approximately 1740 feet         None         +935
                                       upstream from
                                       Waterfall Road.
Robinette Creek.....................  Approximately 324 feet          None         +935  City of Killeen.
                                       upstream from
                                       confluence with South
                                       Nolan Creek.
                                      Approximately 920 feet          None         +949
                                       upstream from
                                       Robinette Road.
Rock Creek..........................  Approximately 3000 feet         None         +824  City of Killeen, Bell
                                       downstream from                                    County (Unincorporated
                                       Chaparral Road.                                    Areas).
                                      Approximately 3500 feet         None         +877
                                       upstream from
                                       Chaparral Road.
    Tributary 1.....................  Approximately 268 feet          None         +827  City of Killeen, Bell
                                       upstream from                                      County (Unincorporated
                                       confluence with Rock                               Areas).
                                       Creek.
                                      Approximately 1740 feet         None         +862
                                       upstream from
                                       Chaparral Road.
    Tributary 1A....................  Approximately 450 feet          None         +835  Bell County
                                       upstream from                                      (Unincorporated
                                       confluence with Rock                               Areas).
                                       Creek Tributary 1.
                                      Approximately 1140 feet         None         +856
                                       upstream from dam.
South Nolan Creek...................  Approximately 2550 feet         None         +903  City of Killeen.
                                       downstream from
                                       Watercrest Road.
                                      Approximately 2340 feet         None         +981
                                       upstream from Stan
                                       Schlueter Road.
Steward Ditch (Formerly Nolan Creek   Confluence with Nolan           *796         +803  City of Killeen.
 Tributary 4).                         Creek.
                                      Approximately 1360 feet         *855         +852
                                       upstream from Duncan
                                       Ave..
Trimmier Creek......................  Approximately 630 feet          None         +686  City of Killeen.
                                       downstream from
                                       confluence with Acorn
                                       Creek.
                                      Approximately 2900 feet         None         +834
                                       upstream from
                                       Stagecoach Road.
Trimmier Road Ditch (Formerly Little  Confluence with Little          *793         +800  City of Killeen.
 Nolan Creek Tributary 1).             Nolan Creek.
                                      Approximately 2400 feet         None         +965
                                       upstream from Old FM
                                       440.
Yowell Creek........................  Approximately 5180 feet         None         +793  City of Killeen.
                                       upstream from
                                       confluence with
                                       Chaparral Creek.
                                      Approximately 1250 feet         None         +878
                                       upstream from
                                       Featherline Road.
Yowell Creek Tributary..............  Confluence with Yowell          None         +788  City of Killeen.
                                       Creek.

[[Page 10473]]

 
                                      Approximately 1250 feet         None         +863  .......................
                                       upstream from
                                       Featherline Road.
=====================================
* National Geodetic Vertical Datum.
<greek-i> Depth in feet above ground.
+ North American Vertical Datum.
                                                    ADDRESSES
City of Harker Heights
 
Maps are available for inspection at City Hall, 305 Miller's Crossing, Harker Heights, TX 76548.
 
Send comments to The Honorable Ed Mullen, Mayor, City of Harker Heights, 305 Miller's Crossing, Harker Heights,
 TX 76548.
 
City of Killeen
 
Maps are available for inspection at City Hall, 101 North College Street, Killeen, TX 76540.
Send comments to The Honorable Timothy Hancock, Mayor, City of Killeen, P.O. Box 1329, Killeen, TX 76540.
 
City of Temple
 
Maps are available for inspection at City Hall, 2 North Main Street, Temple, TX 76501.
Send comments to The Honorable Bill Jones, III, Mayor, City of Temple, 2 North Main Street, Temple, TX 76501.
 
                                       Bell County (Unincorporated Areas)
 
Maps are available for inspection at Bell County Courthouse, 101 E. Central Ave., Belton, TX 76513.
Send comments to The Honorable Jon Burrows, Judge, Bell County, P.O. Box 768, Belton, TX 76513.
----------------------------------------------------------------------------------------------------------------
                                 Henrico County, Virginia and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Allens Branch.......................  Approximately at the            None         +197  Henrico County
                                       confluence with                                    (Unincorporated
                                       Chickahominy River..                               Areas).
                                      Approximately 250 feet          None         +214
                                       downstream from the I-
                                       295 Ramp..
Chickahominy River..................  Approximately at                None          +77  Henrico County
                                       Creighton Road.                                    (Unincorporated
                                                                                          Areas).
                                      Approximately 1900 feet         None         +218
                                       downstream from Shady
                                       Grove Road.
Copperas Creek......................  Approximately at the            None         +144  Henrico County
                                       confluence with                                    (Unincorporated
                                       Tuckahoe Creek.                                    Areas).
                                      Approximately 150 feet          None         +219
                                       downstream from
                                       Waterford Way East.
    Tributary 2.....................  Approximately at the            None         +160  Henrico County
                                       confluence with                                    (Unincorporated
                                       Copperas Creek.                                    Areas).
                                      Approximately 2000 feet         None         +206
                                       upstream from
                                       Ridgefield Parkway/
                                       Cambridge Drive.
Fourmile Creek......................  Approximately at the            None          +11  Henrico County
                                       confluence with James                              (Unincorporated
                                       River.                                             Areas).
                                      Approximately 2000 feet         None          +92
                                       upstream from Doran
                                       Road.
    Tributary 7.....................  Approximately at the            None          +85  Henrico County
                                       confluence with                                    (Unincorporated
                                       Fourmile Creek.                                    Areas).
                                      Approximately 775 feet          None          +88
                                       upstream from the
                                       Footbridge.
Gillies Creek Tributary 1...........  Approximately at the            None         +121  Henrico County
                                       confluence with                                    (Unincorporated
                                       Gillies Creek.                                     Areas).
                                      Approximately 250 feet          None         +154
                                       downstream from South
                                       Kalmia Avenue.
Harding Branch......................  Approximately at the            None         +148  Henrico County
                                       confluence with                                    (Unincorporated
                                       Tuckahoe Creek.                                    Areas).
                                      Approximately 2000 feet         None         +241
                                       upstream from Park
                                       Terrace Drive.
    Tributary 1.....................  Approximately at the            None         +168  Henrico County
                                       confluence with                                    (Unincorporated
                                       Harding Branch.                                    Areas).
                                      Approximately 1000 feet         None         +171
                                       upstream from the
                                       confluence with
                                       Harding Branch.
Heckler Village Tributary 1.........  Approximately at the            None         +109  Henrico County
                                       confluence with                                    (Unincorporated
                                       Gillies Creek.                                     Areas).
                                      Approximately 1100 feet         None         +145
                                       upstream of Wynfield
                                       Terrace.
    Tributary 2.....................  Approximately at the            None         +138  Henrico County
                                       confluence with                                    (Unincorporated
                                       Gillies Creek.                                     Areas).
                                      Approximately 1600 feet         None         +158
                                       upstream from Wynfield
                                       Terrace.
Horsepen Branch.....................  Approximately at the            None         +174  Henrico County
                                       confluence with Upham                              (Unincorporated
                                       Brook.                                             Areas).
                                      Approximately 300 feet          None         +218
                                       upstream from Devers
                                       Road.

[[Page 10474]]

 
James River.........................  Approximately 5550 feet         None          +16  Henrico County
                                       southeast of the                                   (Unincorporated
                                       intersection of                                    Areas).
                                       Osborne Landing and
                                       Kingsland Road.
                                      Approximately 1250 feet         None          +32
                                       Northwest of the
                                       intersection of
                                       Stancraft Way and Old
                                       Osborne Turnpike.
Jordans Branch......................  Approximately at 2550           None         +160  Henrico County
                                       feet downstream of                                 (Unincorporated
                                       Interstate 64.                                     Areas).
                                      Approximately at 710            None         +208
                                       feet upstream of the
                                       Monument Avenue.
Meredith Branch.....................  Approximately at the            None         +186  Henrico County
                                       confluence with                                    (Unincorporated
                                       Chickahominy River.                                Areas).
                                      Approximately 500 feet          None         +230
                                       downstream from Broad
                                       Meadows Road.
North Run...........................  Approximately at the            +117         +120  Henrico County
                                       confluence with Upham                              (Unincorporated
                                       Brook.                                             Areas).
                                      Approximately 400 feet          +119         +120
                                       upstream from the
                                       confluence with Upham
                                       Brook.
Rooty Branch........................  Approximately 600 feet          None         +221  Henrico County
                                       downstream from Yates                              (Unincorporated
                                       Lane.                                              Areas).
                                      Approximately 1800 feet         None         +233
                                       upstream from Nuckols
                                       Road.
Tributary A To Gillies Creek          Approximately at the            None         +145  Henrico County
 Tributary 1.                          confluence with                                    (Unincorporated
                                       Gillies Creek                                      Areas).
                                       Tributary 1.
                                      Approximately 1200 feet         None         +158
                                       upstream from Yates
                                       Lane.
Tributary A to Gillies Creek          Approximately at the            None         +150  Henrico County
 Tributary 1.                          confluence with                                    (Unincorporated
                                       Tributary A to Gillies                             Areas).
                                       Creek Tributary 1.
Tributary...........................  Approximately 750 feet          None         +160
                                       south from Nine Mile
                                       Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
<greek-i> Depth in feet above ground.
+ North American Vertical Datum.
                                                    ADDRESSES
 
                                      Henrico County (Unincorporated Areas)
 
Maps are available for inspection at Henrico West End Government Center, 4301 E. Parham Rd., Richmond, VA 23228.
Send comments to Mr. Robert Thompson, Director of Public Works, P.O. Box 27032, Richmond, VA 23273.
----------------------------------------------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance.'')

    Dated: February 28, 2007.
David I. Maurstad,
Director, Mitigation Division, Federal Emergency Management Agency, 
Department of Homeland Security.
 [FR Doc. E7-4154 Filed 3-7-07; 8:45 am]
BILLING CODE 9110-12-P