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 Department of Homeland Security Federal Emergency Management Agency 44 CFR Part 67
[Docket No. FEMA-B-7709]
 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. 
                    ( print 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. § 67.4
  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 affectedEffective
Modified**Sandoval County, New Mexico and Incorporated Areas**Tributary A (southern split)
Approximately 130 feet upstream from the convergence with Tributary A
None
+5417
City of Rio Rancho.Approximately 115 feet upstream from 11th street
None
+5436* National Geodetic Vertical Datum.# 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 upstream from confluence with Trimmier Creek
None
+678
City of Killeen.Approximately 1.33 miles from Stagecoach Road
None
+807Caprice Ditch (Formerly Site Tributary 7)
Confluence with Nolan Creek
None
+740
City of Harker Heights.Intersection with Schwald Road
None
+854
City of Killeen Bell County (Unincorporated Areas).Chaparral Creek
Approximately 300 feet upstream from the confluence with Trimmier Creek
None
+727
City of Killeen Bell County (Unincorporated Areas).Approximately 960 feet upstream from the Chaparral Road
None
+839Edgefield Creek
Approximately 936 feet upstream from the confluence with South Nolan Creek
None
+912
City of Killeen.Approximately 700 feet upstream from Edgefield Street
None
+944Embers Creek
Confluence with Trimmier Creek
None
+774
City of Killeen.Approximately 2060 feet upstream from Stagecoach Road
None
+807Fryers Creek
Approximately 100 feet upstream from Waters Dairy Road
*591
+590
City of Temple.Approximately 500 feet downstream from State Highway 363
*623
+622Harker Heights Tributary 4
Confluence with Nolan Creek
*740
+746
City of Harker Heights.Approximately 300 feet upstream from Stillwood Drive
*774
+773
City of Killeen.Hilliard Creek
Confluence with Long Branch Ditch
None
+801
City of Killeen.Approximately 440 feet upstream from Transverse Drive
None
+839Hilliard Tributary 1
Confluence with Hilliard Creek
None
+830
City of Killeen.Approximately 1300 feet upstream from confluence with Hilliard Creek
None
+845Hog Pen Creek
Approximately 1000 feet upstream from Poison Oak Road
None
+547
City of Temple.Approximately 1150 feet upstream from FM2305
None
+619Tributary 1
Confluence with Hog Pen Creek
None
+575
City of Temple.Approximately 1500 feet upstream from the confluence with Hog Pen Creek
None
+592Tributary 2
Confluence with Hog Pen Creek
None
+561
City of Temple.Approximately 1000 feet upstream from Tarver Drive
None
+596( print page 10472)Liberty Ditch (Formerly Nolan Creek Tributary 3)
Confluence with Nolan Creek
+779
+783
City of Killeen.Approximately 740 feet upstream from Poage Avenue
None
+845Little Nolan Creek
Confluence with Nolan Creek
*747
+751
City of Killeen.West Trimmier Drive
*904
+908Long Branch Ditch (Formerly Long Branch)
Confluence with Nolan Creek
*762
+765
City of Killeen.County Boundary
*826
+827North Reese Creek
Approximately 625 feet downstream from Reese Creek Highway
None
+873
City of Killeen, Bell County (Unincorporated Areas).Approximately 4125 feet upstream from Laura Drive
None
+939Tributary 1
Approximately 400 feet downstream from Maxdale Street
None
+885
City of Killeen Bell County (Unincorporated Areas).Approximately 920 feet upstream from Bunny Trail
None
+953Tributary 1A
Approximately 178 feet upstream from confluence with North Reese Creek Tributary 1
None
+944
Bell County (Unincorporated Areas).Approximately 1638 feet upstream from the confluence with North Reese Creek Tributary 1
None
+965Tributary 3
Approximately 1630 feet upstream from confluence with North Reese Creek
None
+867
City of Killeen Bell County (Unincorporated Areas).Approximately 2700 feet upstream from Stagecoach Road
None
+916Tributary 4
Approximately 960 feet upstream from confluence with North Reese Creek
None
+877
City of Killeen.Approximately 1620 feet upstream from confluence with North Reese Creek
None
+890Old Florence Ditch (Formerly Little Nolan Creek Tributary 2)
Confluence with Little Nolan Creek
*822
+825
City of Killeen.Approximately 220 feet upstream from Trimmier Road
None
+897Rainforest Creek
Approximately 515 feet upstream from confluence with South Nolan Creek
None
+901
City of Killeen.Approximately 1740 feet upstream from Waterfall Road
None
+935Robinette Creek
Approximately 324 feet upstream from confluence with South Nolan Creek
None
+935
City of Killeen.Approximately 920 feet upstream from Robinette Road
None
+949Rock Creek
Approximately 3000 feet downstream from Chaparral Road
None
+824
City of Killeen, Bell County (Unincorporated Areas).Approximately 3500 feet upstream from Chaparral Road
None
+877Tributary 1
Approximately 268 feet upstream from confluence with Rock Creek
None
+827
City of Killeen, Bell  County (Unincorporated Areas).Approximately 1740 feet upstream from Chaparral Road
None
+862Tributary 1A
Approximately 450 feet upstream from confluence with Rock Creek Tributary 1
None
+835
Bell County (Unincorporated Areas).Approximately 1140 feet upstream from dam
None
+856South Nolan Creek
Approximately 2550 feet downstream from Watercrest Road
None
+903
City of Killeen.Approximately 2340 feet upstream from Stan Schlueter Road
None
+981Steward Ditch (Formerly Nolan Creek Tributary 4)
Confluence with Nolan Creek
*796
+803
City of Killeen.Approximately 1360 feet upstream from Duncan Ave.
*855
+852Trimmier Creek
Approximately 630 feet downstream from confluence with Acorn Creek
None
+686
City of Killeen.Approximately 2900 feet upstream from Stagecoach Road
None
+834Trimmier Road Ditch (Formerly Little Nolan Creek Tributary 1)
Confluence with Little Nolan Creek
*793
+800
City of Killeen.Approximately 2400 feet upstream from Old FM 440
None
+965Yowell Creek
Approximately 5180 feet upstream from confluence with Chaparral Creek
None
+793
City of Killeen.Approximately 1250 feet upstream from Featherline Road
None
+878Yowell Creek Tributary
Confluence with Yowell Creek
None
+788
City of Killeen.( print page 10473)Approximately 1250 feet upstream from Featherline Road
None
+863* National Geodetic Vertical Datum.# 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 confluence with Chickahominy River.
None
+197
Henrico County (Unincorporated Areas).Approximately 250 feet downstream from the I-295 Ramp.
None
+214Chickahominy River
Approximately at Creighton Road
None
+77
Henrico County (Unincorporated Areas).Approximately 1900 feet downstream from Shady Grove Road
None
+218Copperas Creek
Approximately at the confluence with Tuckahoe Creek
None
+144
Henrico County (Unincorporated Areas).Approximately 150 feet downstream from Waterford Way East
None
+219Tributary 2
Approximately at the confluence with Copperas Creek
None
+160
Henrico County (Unincorporated Areas).Approximately 2000 feet upstream from Ridgefield Parkway/Cambridge Drive
None
+206Fourmile Creek
Approximately at the confluence with James River
None
+11
Henrico County (Unincorporated Areas).Approximately 2000 feet upstream from Doran Road
None
+92Tributary 7
Approximately at the confluence with Fourmile Creek
None
+85
Henrico County (Unincorporated Areas).Approximately 775 feet upstream from the Footbridge
None
+88Gillies Creek Tributary 1
Approximately at the confluence with Gillies Creek
None
+121
Henrico County (Unincorporated Areas).Approximately 250 feet downstream from South Kalmia Avenue
None
+154Harding Branch
Approximately at the confluence with Tuckahoe Creek
None
+148
Henrico County (Unincorporated Areas).Approximately 2000 feet upstream from Park Terrace Drive
None
+241Tributary 1
Approximately at the confluence with Harding Branch
None
+168
Henrico County (Unincorporated Areas).Approximately 1000 feet upstream from the confluence with Harding Branch
None
+171Heckler Village Tributary 1
Approximately at the confluence with Gillies Creek
None
+109
Henrico County (Unincorporated Areas).Approximately 1100 feet upstream of Wynfield Terrace
None
+145Tributary 2
Approximately at the confluence with Gillies Creek
None
+138
Henrico County (Unincorporated Areas).Approximately 1600 feet upstream from Wynfield Terrace
None
+158Horsepen Branch
Approximately at the confluence with Upham Brook
None
+174
Henrico County (Unincorporated Areas).Approximately 300 feet upstream from Devers Road
None
+218( print page 10474)James River
Approximately 5550 feet southeast of the intersection of Osborne Landing and Kingsland Road
None
+16
Henrico County (Unincorporated Areas).Approximately 1250 feet Northwest of the intersection of Stancraft Way and Old Osborne Turnpike
None
+32Jordans Branch
Approximately at 2550 feet downstream of Interstate 64
None
+160
Henrico County (Unincorporated Areas).Approximately at 710 feet upstream of the Monument Avenue
None
+208Meredith Branch
Approximately at the confluence with Chickahominy River
None
+186
Henrico County (Unincorporated Areas).Approximately 500 feet downstream from Broad Meadows Road
None
+230North Run
Approximately at the confluence with Upham Brook
+117
+120
Henrico County (Unincorporated Areas).Approximately 400 feet upstream from the confluence with Upham Brook
+119
+120Rooty Branch
Approximately 600 feet downstream from Yates Lane
None
+221
Henrico County (Unincorporated Areas).Approximately 1800 feet upstream from Nuckols Road
None
+233Tributary A To Gillies Creek Tributary 1
Approximately at the confluence with Gillies Creek Tributary 1
None
+145
Henrico County (Unincorporated Areas).Approximately 1200 feet upstream from Yates Lane
None
+158Tributary A to Gillies Creek Tributary 1
Approximately at the confluence with Tributary A to Gillies Creek Tributary 1
None
+150
Henrico County (Unincorporated Areas).Tributary
Approximately 750 feet south from Nine Mile Road
None
+160* National Geodetic Vertical Datum.# 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