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 Department of Homeland Security Federal Emergency Management Agency 44 CFR Part 67
[Docket No. FEMA-B-7715]
 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. *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: 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
+660Approximately 1800 feet upstream of Wards Ferry Road
None
+758Burton Creek Tributary No. 1
Confluence with Burton Creek
None
+758Approximately 1.0 mile upstream of confluence with Burton Creek
None
+870Burton Creek Tributary No. 2
Confluence with Burton Creek Tributary No. 1
None
+767Approximately 950 feet upstream of Wade Lane
None
+844Burton Creek Tributary No. 3
Confluence with Burton Creek
None
+758Approximately 2300 feet upstream of confluence with Burton Creek
None
+841Burton Creek Tributary No. 4
Confluence with Burton Creek
None
+755Approximately 0.5 mile upstream of Wards Ferry Road
None
+836( print page 20811)Burton Creek Tributary No. 5
Confluence with Burton Creek
None
+755Approximately 850 feet upstream of confluence with Burton Creek
None
+768Burton Creek Tributary No. 6
Confluence with Burton Creek
None
+720Approximately 1250 feet upstream of confluence with Burton Creek
None
+757Rock Castle Creek
Confluence with Burton Creek
*722
+740Just upstream of Wards Ferry Road
*814
+810Rock Castle Creek Tributary No. 4
Confluence with Rock Castle Creek
None
+758Approximately 1500 feet upstream of railroad spur
None
+843Rock Castle Creek Tributary No. 5
Confluence with Rock Castle Creek
None
+740Approximately 200 feet upstream of Lynchburg Expressway
None
+783Rock Castle Creek Tributary No. 6
Confluence with Rock Castle Creek
None
+740Approximately 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 affectedEffective
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).( print page 20812)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
*757Deer 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
*831Fox 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
*800Rosenow 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.( print page 20813)**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.


[FR Doc. E7-7973 Filed 4-25-07; 8:45 am] BILLING CODE 9110-12-P