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Proposed Rule

Proposed Flood Elevation Determinations

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Information about this document as published in the Federal Register.

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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.

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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.

End Further Info End Preamble Start Supplemental Information

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.

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List of Subjects in 44 CFR Part 67

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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.

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[Amended]

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

StateCity/town/countySource of floodingLocation#Depth in feet above ground. *Elevation in feet (NGVD) +Elevation in feet (NAVD)
ExistingModified
City of Lynchburg, Virginia
VirginiaCity of LynchburgBurton CreekConfluence with Blackwater Creek*660+660
Approximately 1800 feet upstream of Wards Ferry RoadNone+758
Burton Creek Tributary No. 1Confluence with Burton CreekNone+758
Approximately 1.0 mile upstream of confluence with Burton CreekNone+870
Burton Creek Tributary No. 2Confluence with Burton Creek Tributary No. 1None+767
Approximately 950 feet upstream of Wade LaneNone+844
Burton Creek Tributary No. 3Confluence with Burton CreekNone+758
Approximately 2300 feet upstream of confluence with Burton CreekNone+841
Burton Creek Tributary No. 4Confluence with Burton CreekNone+755
Approximately 0.5 mile upstream of Wards Ferry RoadNone+836
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Burton Creek Tributary No. 5Confluence with Burton CreekNone+755
Approximately 850 feet upstream of confluence with Burton CreekNone+768
Burton Creek Tributary No. 6Confluence with Burton CreekNone+720
Approximately 1250 feet upstream of confluence with Burton CreekNone+757
Rock Castle CreekConfluence with Burton Creek*722+740
Just upstream of Wards Ferry Road*814+810
Rock Castle Creek Tributary No. 4Confluence with Rock Castle CreekNone+758
Approximately 1500 feet upstream of railroad spurNone+843
Rock Castle Creek Tributary No. 5Confluence with Rock Castle CreekNone+740
Approximately 200 feet upstream of Lynchburg ExpresswayNone+783
Rock Castle Creek Tributary No. 6Confluence with Rock Castle CreekNone+740
Approximately 800 feet upstream of Edgewood DriveNone+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 groundCommunities affected
EffectiveModified
Hancock County, Kentucky, and Incorporated Areas
Ohio RiverDaviess County LineNone+392City of Hawesville.
Breckinridge County LineNone+407City 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 RiverAt Pennsylvania Avenue Ashippun Lake At Norwegian RoadNone None None*854 *871 *915Waukesha County (Unincorporated Areas).
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Bark RiverDrumlin Trail At North RoadNone None*848 *973Waukesha County (Unincorporated Areas). City of Delafield, Village of Dousman, Village of Hartland, Village of Merton.
Butler DitchHampton Road*752*750City of Brookfield.
Lilly Road*759*757
Deer CreekPinehurst Drive Harcove Drive*838 *871*837 *870City of New Berlin, City of Brookfield.
Dousman DitchGebhardt Road*828*825City of Brookfield.
Lake Road*830*831
Fox RiverRiver Road Lannon Road*826 *887*827 *886Village of Menomonee Falls, City of Brookfield.
Lake NagawickaLake Nagawicka*891*893City of Delafield.
Mukwonago RiverSouth Rochester Street Eagle Springs Lake*784 None*786 *822Waukesha County (Unincorporated Areas), Village of Mukwonago.
Pewaukee LakePewaukee Lake*855*854Village of Pewaukee.
Quietwood CreekWoods RoadNone*781City of Muskego.
Janesville RoadNone*800
Rosenow CreekLake Street Brown StreetNone None*861 *873Waukesha County (Unincorporated Areas), City of Oconomowoc.
South Branch Sussex CreekBugline Trail Mary Hill Road*938 None*941 *955Waukesha County (Unincorporated Areas).
Village of Sussex.
South Branch Underwood CreekAt Interstate I-94*722*723City of Brookfield.
Sussex CreekDuplainville Road*838*835Village of Sussex.
Main Street*922*924City of Pewaukee. Waukesha County (Unincorporated Areas).
Sussex Creek Tributary 1Weyer Road Lisbon RoadNone None*845 *859Waukesha County (Unincorporated Areas).
Underwood CreekUPS Service Road Pilgrim Road*725 *821*724 *819City of Brookfield, Village of Elm Grove.
Upper Namahbin LakeUpper Namahbin Lake*872*874Waukesha County (Unincorporated Areas).
Upper/Lower Phantom LakeUpper/Lower Phantom Lake*792*794Waukesha 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.
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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.
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(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.

End Signature End Part End Supplemental Information

[FR Doc. E7-7973 Filed 4-25-07; 8:45 am]

BILLING CODE 9110-12-P