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Proposed Rule

Proposed Flood Elevation Determinations

Action

Proposed Rule.

Summary

Technical information or comments are requested on the proposed base (1% annual chance) flood elevations and proposed base flood elevation modifications for the communities listed below. The base flood elevations 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).

 

Table of Contents Back to Top

DATES: Back to Top

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: Back to Top

The proposed base flood elevations 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 following table.

FOR FURTHER INFORMATION CONTACT: Back to Top

Matthew B. Miller, P.E., Chief, Hazards Study Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3461, or (e-mail) matt.miller@fema.gov.

SUPPLEMENTARY INFORMATION: Back to Top

The Federal Emergency Management Agency (FEMA or Agency) proposes to make determinations of base flood elevations and modified base flood elevations 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 base flood and modified base flood elevations, 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. No environmental impact assessment has been prepared.

Regulatory Flexibility Act. The Acting Executive Associate Director, Mitigation Directorate, certifies that this proposed rule is exempt from the requirements of the Regulatory Flexibility Act because proposed or modified base flood elevations are required by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and are required to establish and maintain community eligibility in the NFIP. As a result, a regulatory flexibility analysis has not been prepared.

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 12612, Federalism. This proposed rule involves no policies that have federalism implications under Executive Order 12612, Federalism, dated October 26, 1987.

Executive Order 12778, Civil Justice Reform. This proposed rule meets the applicable standards of Section 2(b)(2) of Executive Order 12778.

List of Subjects in 44 CFR Part 67 Back to Top

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PART 67—[AMENDED] Back to Top

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 [Amended]

2. The tables published under the authority of § 67.4 are proposed to be amended as follows:

Source of flooding Location #Depth in feet above ground. *Elevation in feet (NGVD) •Elevation in feet (NAVD) Communities affected
Existing Modified
FLORIDA        
Charlotte County        
Auburn Waterway At the confluence with Pellam Waterway None *8 Charlotte County (Unincorporated Areas)
At Hillsborough Boulevard None *12
Broad Creek At the upstream side of Copley Drive None *8/9 Charlotte County
Approximately 1 mile upstream of Airport Road None *12 (Unincorporated Areas)
Broad Creek Tributary At the confluence with Broad Creek *8 *10 Charlotte County
Just upstream of Piper Road None *23 (Unincorporated Areas)
Courtland Waterway At the confluence with Auburn Waterway None *8 Charlotte County (Unincorporated Areas)
At Hillsborough Boulevard None *13
Crestview-Lionheart At the confluence with Crestview Waterway None *16 Charlotte County (Unincorporated Areas)
Connector Waterway At divergence from Lionheart Waterway None *16
Crestview Waterway At the confluence with West Spring Lake None *9 Charlotte County (Unincorporated Areas)
At Hillsborough Boulevard None *16
Delavan Waterway At the confluence with Fordham Waterway None *21 Charlotte County (Unincorporated Areas)
Approximately 475 feet upstream of Comstock Boulevard None *21
Elkcam Waterway Approximately 1,900 feet upstream of U.S. Route 41 None *9 Charlotte County (Unincorporated Areas)
Approximately 1.2 miles upstream of Peachland Boulevard None *19
Fordham Waterway Approximately 1,750 feet upstream of U.S. Route 41 None *9 Charlotte County (Unincorporated Areas)
Approximately 1.0 mile upstream of Peachland Boulevard None *21
Kings Highway East Outfall At the downstream side of Westchester Boulevard None *9 Charlotte County (Unincorporated Areas)
Approximately 780 feet upstream of Suncoast Boulevard None *13
Kings Highway West Outfall Approximately 150 feet upstream of Westchester Boulevard *9 *10 Charlotte County (Unincorporated Areas)
Approximately 1,080 feet upstream of MacDougall Avenue None *16
Lionheart Waterway At the county boundary None *19 Charlotte County
Approximately 170 feet upstream of U.S. Route 41 None *9 (Unincorporated Areas)
Newgate Waterway Approximately 1.2 miles upstream of the confluence with Early Waterway None *8 Charlotte County (Unincorporated Areas)
Approximately 2.2 miles upstream of Jenning's Boulevard None *10
Niagara Waterway At the confluence with Fordham Waterway None *9 Charlotte County (Unincorporated Areas)
At Peachland Boulevard None *19
Pellam Waterway Approximately 2.1 miles upstream of Holly Avenue None *8 Charlotte County (Unincorporated Areas)
At Hillsborough Boulevard None *14
Pelton Circle Waterway At the confluence with Crestview Waterway None *16 Charlotte County (Unincorporated Areas)
Approximately 0.5 mile upstream of confluence with Crestview Waterway None *16
Rampart Outfall Approximately 0.3 mile upstream of Harborview Road None *9 Charlotte County (Unincorporated Areas)
Just upstream of Rampart Boulevard None *22
Sunset Waterway At the confluence with Lionheart Waterway None *13 Charlotte County (Unincorporated Areas)
At County boundary None *20
Yale Waterway At the confluence with Fordham Waterway None *13 Charlotte County (Unincorporated Areas)
Approximately 475 feet upstream of Sheehan Boulevard None *14
Gulf of Mexico Approximately 1,200 feet southwest of the intersection of Gulf Boulevard and South Gulf Boulevard *17 *16 Charlotte County (Unincorporated Areas)
Approximately 200 feet east of the intersection of County Route 775 and Cap Haza Drive *11 *10
Charlotte County (Unincorporated Area)        
Maps available for inspection at the Charlotte County Community Development, Charlotte County Administration Building, 18500 Murdock Circle, Port Charlotte, Florida        
Send comments to Ms. Pamela Brangaccio, Charlotte County Administrator, 18500 Murdock Circle, Port Charlotte, Florida 33948.        
WISCONSIN        
Winnebago County        
Arrowhead River Approximately 300 feet upstream of County Highway M *750 *751 Winnebago County (Unincorporated Areas)
Approximately 7,650 feet upstream of Woodland Road *755 *757
Wolf River Approximately 1.7 miles upstream of mouth at Lake Poygan *750 *751 Winnebago County (Unincorporated Areas)
At County boundary *754 *753
Mud Creek. Approximately 250 feet downstream of county boundary *743 *744 Winnebago County (Unincorporated Areas)
At County boundary *743 *744
Eight Mile Creek At the confluence with Rush Creek None *817 Winnebago County
Approximately 2,000 feet upstream of Knott Road *843 *844 (Unincorporated Areas)
Rush Creek At upstream side of State Highway 116 None *780 Winnebago County
At the confluence of Eight Mile Creek None *817 (Unincorporated Areas)
Sawyer Creek Downstream side of North Westfield Street *754 *753 Winnebago County (Unincorporated Areas)
Approximately 1.2 miles upstream of Clairville Road None *811 Oshkosh
Rush Lake Entire shoreline within community None *823 Winnebago County (Unincorporated Areas)
Waukau Creek At the confluence of Eight Mile Creek None *817 Winnebago County
Approximately 1.8 miles upstream of confluence of Eight Mile Creek None *818 (Unincorporated Areas)
Winnebago County (Unincorporated Areas)        
Maps available for inspection at the Winnebago County Zoning Office, 448 Algoma Boulevard, Oshkosh, Wisconsin.        
Send comments to Ms. Jane Van De Hey, Winnebago County Executive, P.O. Box 2808, Oshkosh, Wisconsin 54901.        
City of Oshkosh        
Maps available for inspection at the Oshkosh City Hall. 215 Church Avenue, Oshkosh, Wisconsin.        
Send comments to The Honorable Jon Dell'Antonia, Mayor of the City of Oshkosh, 215 Church Avenue, Oshkosh, Wisconsin 54903.        

(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”)

Dated: May 15, 2002.

Robert F. Shea,

Acting Administrator, Federal Insurance and Mitigation Administration.

end regulatory text

[FR Doc. 02-12651 Filed 5-20-02; 8:45 am]

BILLING CODE 6718-04-P

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