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Proposed Rule

Proposed Flood Elevation Determinations

Document Details

Information about this document as published in the Federal Register.

Published Document

This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

Start Preamble

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.

Start Further Info

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.

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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. Start Printed 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.

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List of Subjects in 44 CFR Part 67

End List of Subjects

Accordingly, 44 CFR part 67 is proposed to be amended as follows:

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PART 67—[AMENDED]

1. The authority citation for part 67 continues to read as follows:

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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.

End Authority
[Amended]

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 groundCommunities affected
EffectiveModified
Sandoval County, New Mexico and Incorporated Areas
Tributary A (southern split)Approximately 130 feet upstream from the convergence with Tributary ANone+5417City of Rio Rancho.
Approximately 115 feet upstream from 11th streetNone+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 CreekApproximately 300 feet upstream from confluence with Trimmier CreekNone+678City of Killeen.
Approximately 1.33 miles from Stagecoach RoadNone+807
Caprice Ditch (Formerly Site Tributary 7)Confluence with Nolan CreekNone+740City of Harker Heights.
Intersection with Schwald RoadNone+854City of Killeen Bell County (Unincorporated Areas).
Chaparral CreekApproximately 300 feet upstream from the confluence with Trimmier CreekNone+727City of Killeen Bell County (Unincorporated Areas).
Approximately 960 feet upstream from the Chaparral RoadNone+839
Edgefield CreekApproximately 936 feet upstream from the confluence with South Nolan CreekNone+912City of Killeen.
Approximately 700 feet upstream from Edgefield StreetNone+944
Embers CreekConfluence with Trimmier CreekNone+774City of Killeen.
Approximately 2060 feet upstream from Stagecoach RoadNone+807
Fryers CreekApproximately 100 feet upstream from Waters Dairy Road*591+590City of Temple.
Approximately 500 feet downstream from State Highway 363*623+622
Harker Heights Tributary 4Confluence with Nolan Creek*740+746City of Harker Heights.
Approximately 300 feet upstream from Stillwood Drive*774+773City of Killeen.
Hilliard CreekConfluence with Long Branch DitchNone+801City of Killeen.
Approximately 440 feet upstream from Transverse DriveNone+839
Hilliard Tributary 1Confluence with Hilliard CreekNone+830City of Killeen.
Approximately 1300 feet upstream from confluence with Hilliard CreekNone+845
Hog Pen CreekApproximately 1000 feet upstream from Poison Oak RoadNone+547City of Temple.
Approximately 1150 feet upstream from FM2305None+619
Tributary 1Confluence with Hog Pen CreekNone+575City of Temple.
Approximately 1500 feet upstream from the confluence with Hog Pen CreekNone+592
Tributary 2Confluence with Hog Pen CreekNone+561City of Temple.
Approximately 1000 feet upstream from Tarver DriveNone+596
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Liberty Ditch (Formerly Nolan Creek Tributary 3)Confluence with Nolan Creek+779+783City of Killeen.
Approximately 740 feet upstream from Poage AvenueNone+845
Little Nolan CreekConfluence with Nolan Creek*747+751City of Killeen.
West Trimmier Drive*904+908
Long Branch Ditch (Formerly Long Branch)Confluence with Nolan Creek*762+765City of Killeen.
County Boundary*826+827
North Reese CreekApproximately 625 feet downstream from Reese Creek HighwayNone+873City of Killeen, Bell County (Unincorporated Areas).
Approximately 4125 feet upstream from Laura DriveNone+939
Tributary 1Approximately 400 feet downstream from Maxdale StreetNone+885City of Killeen Bell County (Unincorporated Areas).
Approximately 920 feet upstream from Bunny TrailNone+953
Tributary 1AApproximately 178 feet upstream from confluence with North Reese Creek Tributary 1None+944Bell County (Unincorporated Areas).
Approximately 1638 feet upstream from the confluence with North Reese Creek Tributary 1None+965
Tributary 3Approximately 1630 feet upstream from confluence with North Reese CreekNone+867City of Killeen Bell County (Unincorporated Areas).
Approximately 2700 feet upstream from Stagecoach RoadNone+916
Tributary 4Approximately 960 feet upstream from confluence with North Reese CreekNone+877City of Killeen.
Approximately 1620 feet upstream from confluence with North Reese CreekNone+890
Old Florence Ditch (Formerly Little Nolan Creek Tributary 2)Confluence with Little Nolan Creek*822+825City of Killeen.
Approximately 220 feet upstream from Trimmier RoadNone+897
Rainforest CreekApproximately 515 feet upstream from confluence with South Nolan CreekNone+901City of Killeen.
Approximately 1740 feet upstream from Waterfall RoadNone+935
Robinette CreekApproximately 324 feet upstream from confluence with South Nolan CreekNone+935City of Killeen.
Approximately 920 feet upstream from Robinette RoadNone+949
Rock CreekApproximately 3000 feet downstream from Chaparral RoadNone+824City of Killeen, Bell County (Unincorporated Areas).
Approximately 3500 feet upstream from Chaparral RoadNone+877
Tributary 1Approximately 268 feet upstream from confluence with Rock CreekNone+827City of Killeen, Bell County (Unincorporated Areas).
Approximately 1740 feet upstream from Chaparral RoadNone+862
Tributary 1AApproximately 450 feet upstream from confluence with Rock Creek Tributary 1None+835Bell County (Unincorporated Areas).
Approximately 1140 feet upstream from damNone+856
South Nolan CreekApproximately 2550 feet downstream from Watercrest RoadNone+903City of Killeen.
Approximately 2340 feet upstream from Stan Schlueter RoadNone+981
Steward Ditch (Formerly Nolan Creek Tributary 4)Confluence with Nolan Creek*796+803City of Killeen.
Approximately 1360 feet upstream from Duncan Ave.*855+852
Trimmier CreekApproximately 630 feet downstream from confluence with Acorn CreekNone+686City of Killeen.
Approximately 2900 feet upstream from Stagecoach RoadNone+834
Trimmier Road Ditch (Formerly Little Nolan Creek Tributary 1)Confluence with Little Nolan Creek*793+800City of Killeen.
Approximately 2400 feet upstream from Old FM 440None+965
Yowell CreekApproximately 5180 feet upstream from confluence with Chaparral CreekNone+793City of Killeen.
Approximately 1250 feet upstream from Featherline RoadNone+878
Yowell Creek TributaryConfluence with Yowell CreekNone+788City of Killeen.
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Approximately 1250 feet upstream from Featherline RoadNone+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 BranchApproximately at the confluence with Chickahominy River.None+197Henrico County (Unincorporated Areas).
Approximately 250 feet downstream from the I-295 Ramp.None+214
Chickahominy RiverApproximately at Creighton RoadNone+77Henrico County (Unincorporated Areas).
Approximately 1900 feet downstream from Shady Grove RoadNone+218
Copperas CreekApproximately at the confluence with Tuckahoe CreekNone+144Henrico County (Unincorporated Areas).
Approximately 150 feet downstream from Waterford Way EastNone+219
Tributary 2Approximately at the confluence with Copperas CreekNone+160Henrico County (Unincorporated Areas).
Approximately 2000 feet upstream from Ridgefield Parkway/Cambridge DriveNone+206
Fourmile CreekApproximately at the confluence with James RiverNone+11Henrico County (Unincorporated Areas).
Approximately 2000 feet upstream from Doran RoadNone+92
Tributary 7Approximately at the confluence with Fourmile CreekNone+85Henrico County (Unincorporated Areas).
Approximately 775 feet upstream from the FootbridgeNone+88
Gillies Creek Tributary 1Approximately at the confluence with Gillies CreekNone+121Henrico County (Unincorporated Areas).
Approximately 250 feet downstream from South Kalmia AvenueNone+154
Harding BranchApproximately at the confluence with Tuckahoe CreekNone+148Henrico County (Unincorporated Areas).
Approximately 2000 feet upstream from Park Terrace DriveNone+241
Tributary 1Approximately at the confluence with Harding BranchNone+168Henrico County (Unincorporated Areas).
Approximately 1000 feet upstream from the confluence with Harding BranchNone+171
Heckler Village Tributary 1Approximately at the confluence with Gillies CreekNone+109Henrico County (Unincorporated Areas).
Approximately 1100 feet upstream of Wynfield TerraceNone+145
Tributary 2Approximately at the confluence with Gillies CreekNone+138Henrico County (Unincorporated Areas).
Approximately 1600 feet upstream from Wynfield TerraceNone+158
Horsepen BranchApproximately at the confluence with Upham BrookNone+174Henrico County (Unincorporated Areas).
Approximately 300 feet upstream from Devers RoadNone+218
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James RiverApproximately 5550 feet southeast of the intersection of Osborne Landing and Kingsland RoadNone+16Henrico County (Unincorporated Areas).
Approximately 1250 feet Northwest of the intersection of Stancraft Way and Old Osborne TurnpikeNone+32
Jordans BranchApproximately at 2550 feet downstream of Interstate 64None+160Henrico County (Unincorporated Areas).
Approximately at 710 feet upstream of the Monument AvenueNone+208
Meredith BranchApproximately at the confluence with Chickahominy RiverNone+186Henrico County (Unincorporated Areas).
Approximately 500 feet downstream from Broad Meadows RoadNone+230
North RunApproximately at the confluence with Upham Brook+117+120Henrico County (Unincorporated Areas).
Approximately 400 feet upstream from the confluence with Upham Brook+119+120
Rooty BranchApproximately 600 feet downstream from Yates LaneNone+221Henrico County (Unincorporated Areas).
Approximately 1800 feet upstream from Nuckols RoadNone+233
Tributary A To Gillies Creek Tributary 1Approximately at the confluence with Gillies Creek Tributary 1None+145Henrico County (Unincorporated Areas).
Approximately 1200 feet upstream from Yates LaneNone+158
Tributary A to Gillies Creek Tributary 1Approximately at the confluence with Tributary A to Gillies Creek Tributary 1None+150Henrico County (Unincorporated Areas).
TributaryApproximately 750 feet south from Nine Mile RoadNone+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.”)

Start Signature

Dated: February 28, 2007.

David I. Maurstad,

Director, Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security.

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[FR Doc. E7-4154 Filed 3-7-07; 8:45 am]

BILLING CODE 9110-12-P