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 Department of Homeland Security Federal Emergency Management Agency 44 CFR Part 67
[Docket No. FEMA-B-1002]
 AGENCY: Federal Emergency Management Agency, DHS.
 ACTION: Proposed rule.
 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.
 DATES: Comments are to be submitted on or before December 2, 2008.
 ADDRESSES: The corresponding preliminary Flood Insurance Rate Map (FIRM) for the proposed BFEs for each community are available for inspection at the community's map repository. The respective addresses are listed in the table below. You may submit comments, identified by Docket No. FEMA-B-1002, to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3151, or (e-mail) 
                        *bill.blanton@dhs.gov*.
 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) 646-3151, or (e-mail) 
                        *bill.blanton@dhs.gov*.


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. 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. 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: 
                            ( print page 51401) State
City/town/county
Source of flooding
Location**
* Elevation in feet (NGVD) 
                                     + Elevation in feet (NAVD)  
                                     # Depth in feet above ground  
                                     ‸ Elevation in Local Tidal DatumExisting
Modified**Unincorporated Areas of Maui County, Hawaii**Hawaii
Unincorporated Areas of Maui County
Kaluaihakoko Stream
Approximately 25 feet upstream of confluence with Pacific Ocean
None
‸3Approximately 500 feet upstream of Piilani Highway
None
‸138Hawaii
Unincorporated Areas of Maui County
Kamaole Gulch
Approximately 90 feet upstream of confluence with Pacific Ocean
None
‸6Approximately 325 feet upstream of Piilani Highway
None
‸120Hawaii
Unincorporated Areas of Maui County
Waikapu Stream
Approximately 255 feet downstream of Kuihelani Highway
None
‸191Approximately 1.6 miles upstream of Honoapiilani Highway
None
‸781* National Geodetic Vertical Datum.+ North American Vertical Datum.# Depth in feet above ground.‸ Local Tidal 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 Maui County**Maps are available for inspection at Maui County Planning Department, 250 South High Street, 2nd Floor, Wailuku, HI.**City of Norfolk, Virginia**Virginia
City of Norfolk
Chesapeake Bay
Approximately 320 feet north of the intersection of Ocean Avenue and 20th Street
+7.6
+9.1Virginia
City of Norfolk
Eastern Branch Elizabeth River
Approximately 500 feet southwest of Atlantic Street and Waterfront Avenue
+8.1
+9.1Virginia
City of Norfolk
Elizabeth River
Approximately 1650 feet west of the intersection of Redgate Avenue and Norfolk Southern Railroad Yard Access Road
+7.6
+9.1Approximately at the waterfront edge of the Norfolk and Southern Railyard
+7.6
+9.1* 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 Norfolk**Maps are available for inspection at 400 Granby Street, Norfolk, VA 23510.
 Flooding source(s)
Location of referenced elevation **
* Elevation in feet (NGVD)
                                     + Elevation in feet (NAVD) 
                                     # Depth in feet above ground
Communities affectedEffective
Modified**St. Clair  County, Illinois, and Incorporated Areas**Catawba Creek
At confluence with Richland Creek
+497
+493
City of Belleville.Approximately 570 feet downstream of Catawba Avenue
+497
+496( print page 51402)Douglas Creek
At confluence with Richland Creek
+433
+432
Unincorporated Areas of St. Clair County.Approximately 600 feet upstream of confluence with Richland Creek
+433
+432Kaskaskia River
At County Boundary with Randolph County
+395
+392
Unincorporated Areas of St. Clair County, Village of New Athens.Approximately 8,000 feet upstream of Illinois Central Railroad
+395
+394Little Silver Creek
At confluence with Silver Creek
+429
+428
Unincorporated Areas of St. Clair County.Approximately 7,900 feet upstream of Interstate Highway 62 Westbound
+432
+431Mississippi River
Approximately 7,390 feet downstream of Southern County Boundary with Monroe County
None
+420
City of Centreville, City of East St. Louis, Unincorporated Areas of St. Clair County, Village of Alorton, Village of Brooklyn, Village of Cahokia, Village of Caseyville, Village of Dupo, Village of East Carondelet, Village of Fairmont City, Village of Sauget, Village of Washington Park.Approximately 4,435 feet upstream of Northern County Boundary with Madison County
None
+429Northwest Tributary to Ogles Creek
At confluence with Unnamed Tributary to Ogles Creek
+534
+531
City of Ofallon.Approximately 110 feet upstream of the confluence with Unnamed Tributary to Ogles Creek
+534
+533Prairie Du Pont Diversion Channel
At confluence with Mississippi River
+423
+422
Unincorporated Areas of St. Clair County.Approximately 1,200 feet upstream of confluence with Mississippi River
+423
+422Richland Creek
Approximately 3,000 feet downstream of Schluetter-Germaine Road
+450
+449
City of Belleville, City of Ofallon, Unincorporated Areas of St. Clair County, Village of Shiloh, Village of Smithton, Village of Swansea.Approximately 1,090 feet upstream of North Green Mount Road
None
+530Silver Creek
At confluence with Kaskaskia River
+395
+394
Unincorporated Areas of St. Clair County.Approximately 250 feet downstream of Five Forks Road
+395
+394Wolf Branch
At confluence with Richland Creek
+500
+496
Village of Swansea.Approximately 30 feet downstream of Morgan Street
+500
+499* 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 Belleville**Maps are available for inspection at City Hall, Department of Economic Development and Planning, 101 South Illinois Street, Belleville, IL 62220.**City of Centreville**Maps are available for inspection at City Hall, 5800 Bond Avenue, Centreville, IL 62207.**City of East St. Louis**Maps are available for inspection at City Hall, 301 River Park Drive, East St. Louis, IL 62201.( print page 51403)**City of Ofallon**Maps are available for inspection at City Hall, 255 South Lincoln Street, O'Fallon, IL 62269.**Unincorporated Areas of St. Clair County**Maps are available for inspection at County Courthouse, #10 Public Square, 2nd Floor, Belleville, IL 62220.**Village of Alorton**Maps are available for inspection at Village Hall, 4821 Bond Avenue, Alorton, IL 62207.**Village of Brooklyn**Maps are available for inspection at Village Hall, 312 South Fifth Street, Lovejoy, IL 62059.**Village of Cahokia**Maps are available for inspection at Village of Cahokia Annex Building, Department of Code Enforcement, 201 West Fourth Street, Cahokia, IL 62206.**Village of Caseyville**Maps are available for inspection at Village Hall, 909 South Main Street, Caseyville, IL 62232.**Village of Dupo**Maps are available for inspection at Village Hall, 100 North Second Street, Dupo, IL 62239.**Village of East Carondelet**Maps are available for inspection at Village Hall, 950 State Street, East Carondelet, IL 62240.**Village of Fairmont City**Maps are available for inspection at Village Hall, 2601 North 41st Street, Fairmont City, IL 62201.**Village of New Athens**Maps are available for inspection at Village Hall, 905 Spotsylvania Avenue, New Athens, IL 62264.**Village of Sauget**Maps are available for inspection at Village Hall, 2897 Falling Springs Road, Sauget, IL 62206.**Village of Shiloh**Maps are available for inspection at Village Hall, 1 Park Drive, Shiloh, IL 62269.**Village of Smithton**Maps are available for inspection at Village Hall, 101 South Main Street, Smithton, IL 62285.**Village of Swansea**Maps are available for inspection at Government Center, 1400 North Illinois Street, Swansea, IL 62226.**Village of Washington Park**Maps are available for inspection at Village Hall, 5218 North Park Drive, Washington Park, IL 62204.**Allen County, Kansas, and Incorporated Areas**Coon Creek
Approximately 0.60 mile downstream of Highway 54
+955
+954
City of Iola, Unincorporated Areas of Allen County.Approximately 115 feet upstream of North Kentucky Street
+990
+988* 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 Iola**Maps are available for inspection at 2 West Jackson, Iola, KS 66749.**Unincorporated Areas of Allen County**Maps are available for inspection at 1 North Washington, Iola, KS 66749.**Van Buren County, Michigan, and Incorporated Areas**Maple Creek
Approximately 0.4 mile upstream of Ollie Hosier Drive
None
+645
Township of Bangor.Approximately 800 feet downstream of 34th Avenue
None
+648South Branch Black River
Approximately 900 feet upstream of Kal-Haven Trail
None
+585
City of South Haven.Downstream side of 71
                                    1/2
                                     Street
None
+585* National Geodetic Vertical Datum.( print page 51404)+ 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 South Haven**Maps are available for inspection at 539 Phoenix Street, South Haven, MI 49090.**Township of Bangor**Maps are available for inspection at 32550 CR 687, Bangor, MI 49013.**Onondaga County, New York, and Incorporated Areas**Harbor Brook
Approximately 300 feet upstream of the confluence with Onondaga Lake
+371
+372
City of Syracuse, Town of Geddes, Town of Onondaga.Approximately 860 feet upstream of State Route 173
+781
+782Limestone Creek
Approximately 2,990 feet upstream of North Manlius Road
+398
+399
Town of Manlius, Village of Fayetteville, Village of Manlius, Village of Minoa.Approximately 160 feet upstream of Pompey Center Road
+724
+725Meadow Brook
Confluence with Old Erie Canal Feeder
+431
+429
City of Syracuse, Town of Dewitt.Approximately 220 feet downstream of Meadow Brook Drive
+544
+541Ninemile Creek
Approximately 2,150 feet upstream of the confluence with Onondaga Lake
+372
+371
Town of Geddes, Town of Camillus, Town of Marcellus, Village of Camillus, Village of Marcellus.Approximately 350 feet upstream of Otisco Valley Road
None
+781Onondaga Creek
Just upstream of Bear Street
None
+371
City of Syracuse, Town of Onondaga.Approximately 1.1 miles upstream of Dorwin Avenue
+432
+431Skaneateles Creek
Approximately 1.4 miles downstream of Interstate 90
+387
+385
Town of Elbridge, Town of Skaneateles, Village of Elbridge, Village of Jordan, Village of Skaneateles.Approximately 960 feet upstream of Kelley Street
+859
+860* 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 Syracuse**Maps are available for inspection at City Hall, Syracuse, NY 13202.**Town of Camillus**Maps are available for inspection at 4600 West Genesee Street, Municipal Building, Syracuse, NY 13219.**Town of Dewitt**Maps are available for inspection at Town Hall, 5400 Butternut Drive, East Syracuse, NY 13057.**Town of Elbridge**Maps are available for inspection at Town of Elbridge Municipal Building, Jordan, NY 13080.**Town of Geddes**Maps are available for inspection at Town Hall, 1000 Woods Road, Solvay, NY 13209.( print page 51405)**Town of Manlius**Maps are available for inspection at 301 Brooklea Drive, Fayetteville, NY 13066.**Town of Marcellus**Maps are available for inspection at Town Hall, 24 East Main Street, Marcellus, NY 13108.**Town of Onondaga**Maps are available for inspection at Town Offices, 4801 West Seneca Turnpike, Syracuse, NY 13215.**Town of Skaneateles**Maps are available for inspection at Town Offices, 24 Jordan Street, Skaneateles, NY 13152.**Village of Camillus**Maps are available for inspection at Village Hall, 37 Main Street, Camillus, NY 13031.**Village of Elbridge**Maps are available for inspection at 210 West Main Street, Elbridge, NY 13060.**Village of Fayetteville**Maps are available for inspection at 425 East Genesee Street, Fayetteville, NY 13066.**Village of Jordan**Maps are available for inspection at 7 Mechanis Street, Jordan, NY 13080.**Village of Manlius**Maps are available for inspection at 1 Arkie Albanese Avenue, Manlius, NY 13104.**Village of Marcellus**Maps are available for inspection at 6 Slocumbe Avenue, Marcellus, NY 13108.**Village of Minoa**Maps are available for inspection at 213 Osborne Street, Minoa, NY 13116.**Village of Skaneateles**Maps are available for inspection at 46 East Genesee Street, Skaneateles, NY 13152.**Caldwell County, North Carolina, and Incorporated Areas**Angley Creek
Approximately 300 feet upstream of the confluence with Gunpowder Creek
None
+1178
Unincorporated Areas of Caldwell County, City of Lenoir, Town of Hudson.Approximately 600 feet upstream of Southeast Starcross Road
None
+1252Gunpowder Creek
At the confluence with Catawba River
None
+936
Unincorporated Areas of Caldwell County, City of Lenoir, Town of Granite Falls, Town of Hudson.Approximately 700 feet upstream of Southeast Applegate Court
None
+1321Lower Creek
At the Burke/Caldwell County boundary
None
+1026
Unincorporated Areas of Caldwell County, City of Lenoir, Town of Gamewell.Approximately 1,900 feet upstream of Cedar Rock Circle (State Road 1706)
+1130
+1131Zacks Fork Branch
At the confluence with Zacks Fork Creek
+1106
+1104
City of Lenoir.Approximately 1,350 feet upstream of the confluence with Zacks Fork Creek
+1106
+1105* 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 Lenoir**Maps are available for inspection at Lenoir City Hall, 801 West Avenue Northwest, 3rd Floor, Lenoir, NC.**Town of Gamewell**Maps are available for inspection at Gamewell Town Hall, 2750 Old Morganton Road, Lenoir, NC 28645.**Town of Granite Falls**Maps are available for inspection at Granite Falls Town Hall, 30 Park Square, Granite Falls, NC.( print page 51406)**Town of Hudson**Maps are available for inspection at Hudson Town Hall, 550 Central Street, Hudson, NC.**Unincorporated Areas of Caldwell County**Maps are available for inspection at Caldwell County Courthouse, 1051 Harper Avenue, Lenoir, NC.
 (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)
 Dated: August 22, 2008. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency.


[FR Doc. E8-20304 Filed 9-2-08; 8:45 am] BILLING CODE 9110-12-P