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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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Federal Emergency Management Agency, DHS.


Proposed rule.


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).


The comment period is ninety (90) days following the second publication of this proposed rule in a newspaper of local circulation in each community.


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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William R. Blanton, Jr., Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3151.

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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 Start Printed Page 37163the 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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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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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 ground.Communities affected
Kanawha County, West Virginia, and Incorporated Areas
Alum CreekBegins at approximately 298 feet downstream of CSX RailroadNone+519Kanawha County (Unincorporated Areas).
Ends approximately at 3649 feet upstream of Rebel Mountain RoadNone+709
Brier CreekBegins at approximately 1180 feet downstream of Sproul RoadNone+608Kanawha County (Unincorporated Areas).
Ends approximately at 2390 feet upstream of Brown Land RoadNone+702
Dutch HollowBegins at approximately 3125 feet downstream of I-64 BridgeNone+590City of Dunbar, Kanawha County (Unincorporated Areas).
Ends approximately at 4850 feet upstream of I-64 BridgeNone+666
Finney BranchBegins at approximately 1050 feet downstream of Charles AvenueNone+590City of Dunbar, Kanawha County (Unincorporated Areas).
Ends approximately at 360 feet upstream of Gravel DriveNone+601
Georges CreekBegins at approximately 2575 feet downstream of Malden RoadNone+597Kanawha County (Unincorporated Areas).
Ends approximately at 3490 feet upstream of Georges Creek DriveNone+721
Indian CreekBegins at approximately 3775 feet downstream of State Route 114None+611Kanawha County (Unincorporated Areas).
Ends approximately at 1000 feet upstream of Boner DriveNone+693
Magazine BranchStarts at approximately 920 feet downstream of Pennsylvania AvenueNone+594City of Charleston, Kanawha County (Unincorporated Areas).
Ends approximately at 100 feet upstream of Pacific StreetNone+688
Middle ForkBegins at approximately 480 feet downstream of Middle Fork RoadNone+606Kanawha County (Unincorporated Areas).
Ends approximately at 135 feet upstream of Middle Fork RoadNone+630
Mill CreekBegins at approximately 90 feet downstream of Rail Road BridgeNone+605Kanawha County (Unincorporated Areas).
Ends approximately at 4550 feet upstream of Mill Creek RoadNone+775
Two and Three Quarter Mile CreekBegins at approximately 220 feet downstream of U.S. Route 60None+589Kanawha County (Unincorporated Areas).
Ends approximately at 1880 feet upstream of Cane Fork RoadNone+618
* National Geodetic Vertical Datum.Start Printed Page 37164
+ North American Vertical Datum.
# Depth in feet above ground.
City of Charleston
Maps are available for inspection at 501 East Virginia Street, Charleston, WV 25301. Send comments to The Honorable Danny Jones, Mayor, City of Charleston, 501 East Virginia Street, Charleston, WV 25301.
City of Dunbar
Maps are available for inspection at 210 12th Street, Dunbar, WV 25064. Send comments to The Honorable C. B. Rigney, Mayor, City of Dunbar, P.O. Box 483, Dunbar, WV 25064.
Kanawha County (Unincorporated Areas)
Maps are available for inspection at 501 East Virginia Street, Charleston, WV 25301. Send comments to Mr. W. Kent Carper, Commissioner, Unincorporated Areas of Kanawha County, 501 East Virginia Street, Charleston, WV 25301.

(Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)

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Dated: June 26, 2007.

David I. Maurstad,

Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency.

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[FR Doc. E7-13182 Filed 7-6-07; 8:45 am]