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Proposed Rule

Proposed Flood Elevation Determinations

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Start Preamble

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 April 15, 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-7758, 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.

Start Further Info

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.

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.

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.Start Printed Page 2874

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.

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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:

Start Authority

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]
End Part

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

StateCity/town/countySource of floodingLocation*** Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground
ExistingModified
City of Warren, Ohio
OhioCity of WarrenDuck CreekMouth at Mahoning RiverNone+891
About 600 feet downstream of Risher StNone+891
* National Geodetic Vertical Datum.
# Depth in feet above ground.
+ North American Vertical 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
City of Warren
Maps are available for inspection at 540 Laird Avenue SE, Warren, OH 44484.
Flooding source(s)Location of referenced elevation *** Elevation in (NGVD) + Elevation in feet (NAVD) # Depth in feet above groundCommunities affected
EffectiveModified
Randall County, Texas, and Incorporated Areas
Palo Duro CreekConfluence with Prairie Dog Town Fork of Red River*3482+3484Unincorporated Areas of Randall County.
Intersection with West Country Club Road*3560+3562
Playa Lake 11Approximately 500 feet south of the intersection of Bell St. and Attebury DrNone+3646City of Amarillo, Unincorporated Areas of Randall County.
Playa Lake 13Approximately 2500 feet southeast of the intersection of West 335 South LP and Valleyview DriveNone+3626City of Amarillo, Unincorporated Areas of Randall County.
Playa Lake 14Approximately 100 feet south of Winners Circle*3657+3658City of Amarillo.
Playa Lake 16Approximately 350 feet south of S. Hayden and SW 48th Ave. intersection*3625+3627City of Amarillo.
Playa Lake 18Approximately 1000 feet south of Farmers Ave. and Tradewind StNone+3583Unincorporated Areas of Randall County.
Playa Lake 19Approximately 1200 feet east of SW 42nd Ave. and S. Harrison St. intersection*3633+3635City of Amarillo.
Playa Lake 20 (Gooch Lake)Approximately 5000 ft. south of SE 34th Ave. and S. Manhattan St. intersection*3574+3579City of Amarillo.
Playa Lake 3Approximately 1000 feet north of Ascension ParkwayNone+3710Unincorporated Areas of Randall County.
Playa Lake 34Approximately 4600 feet southwest of Highway 287 and S. Parsley Rd. intersectionNone+3553Unincorporated Areas of Randall County.
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Playa Lake 4W CR 58 and Helium RoadNone+3699Unincorporated Areas of Randall County.
Playa Lake 5 (McDonald Lake)Approximately 1100 feet southeast of S. Coulter St. and SW 45th St. intersection*3688+3687City of Amarillo.
Playa Lake 7Approximately 100 feet north of W. 77th Ave. and Cody DrNone+3675City of Amarillo, Unincorporated Areas of Randall County.
Playa Lake 8Approximately 100 feet south of FM 2186 and 335 South LPNone+3681City of Amarillo, Unincorporated Areas of Randall County.
Playa Lake 9Approximately 480 feet north of W. Sundown St. and Elaine St. interesectionNone+3683Unincorporated Areas of Randall County.
Prairie Dog Town Fork of Red RiverApproximately 100 feet downstream from the intersection of Exmoor Road and Canyon Creek Road*3394+3395Unincorporated Areas of Randall County, Village of Lake.
Confluence with Tierra Blanca Creek*3482+3484Tanglewood, Village of Palisades.
Tierra Blanca CreekConfluence with Palo Duro Creek*3482+3484City of Canyon, Unincorporated Areas of Randall County.
Approximately 1500 feet downstream from Gordon Cummings Road*3545+3547
* 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., Wasington, DC 20472.
ADDRESSES
City of Amarillo
Maps are available for inspection at 509 E. 7th Ave., Amarillo, TX 79105.
City of Canyon
Maps are available for inspection at 301 16th St., Canyon, TX 79015.
Unincorporated Areas of Randall County
Maps are available for inspection at 301 Hwy. 60, Canyon, TX 79015.
Village of Lake Tanglewood
Maps are available for inspection at 1000 Tanglewood Dr., Amarillo, TX 79118.
Village of Palisades
Maps are available for inspection at 115 Brentwood, Amarillo, TX 79118.
Brown County, Wisconsin, and Incorporated Areas
Ash Street Tributary to Lancaster CreekApproximately 510 feet downstream of Ash StreetNone+602Village of Howard.
Approximately 160 feet upstream of Ash StreetNone+608
Ashwaubenon CreekApproximately 2,990 feet downstream of Memorial Park Road+585+586Unincorporated Areas of Brown County, City of De Pere, Village of Ashwaubenon.
Approximately 3,940 feet upstream of Scheuring RoadNone+613
Ashwaubenon Creek (Middle)Approximately 3,980 feet downstream of Creamery RoadNone+618Unincorporated Areas of Brown County, City of De Pere.
Approximately 8,085 feet upstream of Creamery RoadNone+629
Ashwaubenon Creek (Upper)Approximately 240 feet downstream of William Grant DriveNone+652Unincorporated Areas of Brown County.
Approximately 185 feet upstream of William Grant DriveNone+661
Baird CreekApproximately 425 feet upstream of U.S. Route 141+590+589Unincorporated Areas of Brown County, City of Green Bay.
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Just upstream of Northview RoadNone+778
TributaryApproximately 6,340 feet downstream of Erie RoadNone+701City of Green Bay.
Approximately 1,465 feet upstream of Finger RoadNone+778
Tributary 6Approximately 450 feet downstream of Fox Valley and Western RailroadNone+619City of Green Bay.
Approximately 910 feet upstream of Fox Valley and Western RailroadNone+673
Bakers CreekApproximately 155 feet downstream of Belmont RoadNone+649Village of Howard.
Approximately 940 feet upstream of Hillcrest Heights RoadNone+658
TributaryApproximately 125 feet upstream of railroadNone+603Village of Howard.
Approximately 2,325 feet upstream of railroadNone+617
Barina CreekApproximately 320 feet downstream of Church RoadNone+613City of Green Bay.
Approximately 2,000 feet upstream of Church RoadNone+621
Beaver Dam CreekApproximately 420 feet downstream of Velp Avenue+586+588Village of Howard, City of Green Bay, Oneida Tribe.
Approximately 1,400 feet upstream of Packerland DriveNone+677
Bower CreekAt the confluence with the East RiverNone+591Village of Bellevue, Town of Ledgeview.
Approximately 10,570 feet upstream of Lime Kiln RoadNone+635
TributaryApproximately 396 feet downstream of Pine Grove RoadNone+827Unincorporated Areas of Brown County, Town of Ledgeview.
Approximately 52 feet upstream of Dickinson RoadNone+833
Tributary 1Approximately 40 feet downstream of Monroe RoadNone+591Village of Bellevue, Town of Ledgeview.
Approximately 4,610 feet upstream of Bower Creek RoadNone+618
Tributary 2Approximately 110 feet downstream of Bower Creek RoadNone+595Village of Bellevue, Town of Ledgeview.
Approximately 3,260 feet upstream of Meadow Sound DriveNone+733
Tributary AApproximately 860 feet downstream of its confluence with Bower Creek Tributary BNone+604Village of Bellevue, Town of Ledgeview.
Approximately 4,465 feet upstream of its confluence with Bower Creek Tributary BNone+639
Tributary BAt the confluence with Bower Creek Tributary ANone+606Village of Bellevue, Town of Ledgeview.
Approximately 2,420 feet upstream of its confluence with Bower Creek Tributary ANone+630
Branch RiverApproximately 400 feet downstream of Park Road+844+845Unincorporated Areas of Brown County.
Approximately 3,960 feet upstream of Park Road+853+852
Branch of Plum CreekApproximately 610 feet upstream of Holland CourtNone+765Unincorporated Areas of Brown County.
Approximately 1,245 feet upstream of Holland CourtNone+766
Lower TributaryAt the confluence with Branch of Plum CreekNone+766Unincorporated Areas of Brown County.
Approximately 1,590 feet upstream of its confluence with Branch of Plum CreekNone+773
Upper TributaryAt the confluence with Branch of Plum CreekNone+765Unincorporated Areas of Brown County.
Approximately 1,190 feet upstream of its confluence with Branch of Plum CreekNone+769
Duck CreekApproximately 90 feet downstream of State Highway 41+585+586Village of Howard, City of Green Bay, Oneida Tribe, Village of Hobart.
Approximately 4,825 feet upstream of State Highway 54+675+676
Tributary 11At the confluence with Duck CreekNone+606City of Green Bay, Oneida Tribe.
Approximately 1,000 feet upstream of Open Gate TrailNone+673
Tributary 12Approximately 925 feet downstream of West Mason StreetNone+630City of Green Bay, Oneida Tribe, Village of Hobart.
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Approximately 1,900 feet upstream of West Mason StreetNone+677
Dutchman CreekApproximately 1,000 feet downstream of Broadway Street+585+586Village of Ashwaubenon, Oneida Tribe, Village of Hobart.
Approximately 1,950 feet upstream of Packerland DriveNone+651
North TributaryApproximately 90 feet downstream of U.S. Highway 41None+605Village of Ashwaubenon.
Approximately 120 feet upstream of North RoadNone+677
South TributaryApproximately 1,095 feet downstream of Parkview RoadNone+611Village of Ashwaubenon.
Approximately 1,845 feet upstream of Glory RoadNone+624
Southeast TributaryApproximately 1,350 feet downstream of Main AvenueNone+623Village of Ashwaubenon.
Approximately 5,550 feet upstream of Main AvenueNone+637
Southwest TributaryApproximately 1,350 feet downstream of Main StreetNone+624Village of Ashwaubenon, Unincorporated Areas of Brown County.
Approximately 5,350 feet upstream of County Highway GNone+637
East RiverApproximately 1,650 feet downstream of North Monroe Avenue+585+586City of Green Bay, City of De Pere, Town of Ledgeview, Unincorporated Areas of Brown County, Village of Allouez, Village of Bellevue.
Just upstream of Wrightstown RoadNone+631
TributaryApproximately 60 feet downstream of Monroe RoadNone+589Town of Ledgeview.
Approximately 65 feet upstream of Dickinson RoadNone+595
Tributary AApproximately 990 feet downstream of Dickinson Road+591+592Town of Ledgeview, City of De Pere.
Approximately 670 feet upstream of Heritage RoadNone+613
Tributary BAt the confluence with East River Tributary A+591+592Town of Ledgeview.
Approximately 1,825 feet upstream of its confluence with East River Tributary A+591+595
East Verlin North Tributary to Willow CreekAt the confluence with East Verlin Tributary to Willow CreekNone+606Village of Bellevue.
Approximately 15 feet upstream of Fox Valley and Western RailroadNone+606
East Verlin Tributary to Willow CreekAt the confluence with Willow CreekNone+591Village of Bellevue, City of Green Bay.
Approximately 2,900 feet upstream of Lime Kiln RoadNone+622
Ellis CreekApproximately 2,625 feet downstream of Edgewood DriveNone+651City of Green Bay.
Approximately 1,105 feet upstream of Edgewood DriveNone+670
Fox RiverApproximately 2,500 feet downstream of Interstate 43+585+583City of Green Bay, City of De Pere, Town of Ledgeview, Unincorporated Areas of Brown County, Village of Allouez, Village of Ashwaubenon, Village of Wrightstown.
Just downstream of State Highway 96+602+601
Lancaster CreekApproximately 20 feet downstream of Riverview Drive+585+586Village of Howard.
Approximately 3,980 feet upstream of Shawano Avenue+618+623
TributaryJust upstream of Rockwell RoadNone+618Village of Howard.
Approximately 1,775 feet upstream of Rockwell RoadNone+630
Mahon CreekApproximately 1,125 feet downstream of Nicolet DriveNone+586City of Green Bay.
Approximately 1,485 feet upstream of Spartan RoadNone+775
Middle Branch of Little Suamico RiverApproximately 40 feet downstream of Summit StreetNone+795Village of Pulaski.
Approximately 100 feet upstream of Lincoln Street+806+807
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North Branch Ashwaubenon CreekAt the confluence with South Branch Ashwaubenon CreekNone+661Unincorporated Areas of Brown County, Oneida Tribe, Village of Hobart.
Just downstream of North County Line RoadNone+681
Bakers CreekAt the confluence with Bakers CreekNone+655Village of Howard.
Approximately 2,020 feet upstream of its confluence with Bakers CreekNone+665
Willow CreekApproximately 175 feet downstream of Main StreetNone+629Village of Bellevue, City of Green Bay.
Approximately 9,680 feet upstream of Manitowoc RoadNone+736
North Tributary South Branch Ashwaubenon CreekAt the confluence with South Branch Ashwaubenon CreekNone+664Unincorporated Areas of Brown County.
Approximately 2,200 feet from the confluence of South Branch Ashwaubenon CreekNone+675
Oneida CreekApproximately 1,270 feet downstream of Country Club CourtNone+596City of Green Bay, Oneida Tribe.
Approximately 4,755 feet upstream of Country Club CourtNone+640
Pioneer Tributary to Duck CreekApproximately 895 feet downstream of Cardinal LaneNone+591Village of Howard.
Approximately 150 feet upstream of Cardinal LaneNone+596
Plum CreekApproximately 675 feet downstream of Washington StreetNone+602Village of Wrightstown, Unincorporated Areas of Brown County.
Approximately 11,250 feet upstream of Washington Street+619+618
Sorensons CreekAt the confluence with Spring CreekNone+602Village of Bellevue, Town of Ledgeview.
Approximately 80 feet upstream of Big Creek RoadNone+683
TributaryApproximately 4,720 feet downstream of Santa Monica DriveNone+644Village of Bellevue.
Approximately 3,430 feet upstream of Manitowoc RoadNone+747
South Branch Ashwaubenon CreekApproximately 3,325 feet downstream of Noah RoadNone+661Unincorporated Areas of Brown County.
Approximately 990 feet upstream of Freedom RoadNone+671
Little Suamico RiverApproximately 80 feet downstream of Corporate WayNone+783Village of Pulaski, Unincorporated Areas of Brown County.
Approximately 1,935 feet upstream of Pelican DriveNone+799
South Tributary to Willow CreekAt the confluence with Willow CreekNone+590Village of Bellevue.
Approximately 630 feet upstream of Lime Kiln RoadNone+601
Spring CreekApproximately 1,305 feet downstream of Lime Kiln RoadNone+595Village of Bellevue.
Approximately 1,520 feet upstream of Willow RoadNone+784
Tributary AApproximately 950 feet downstream of Madrid DriveNone+703Village of Bellevue.
Approximately 170 feet upstream of Ontario RoadNone+743
Tributary A DitchAt the confluence with Spring Creek Tributary ANone+736Village of Bellevue.
Approximately 580 feet upstream of the confluence with Spring Creek Tributary ANone+740
Tributary BApproximately 2,910 feet downstream of Cottage RoadNone+732Village of Bellevue.
Approximately 450 feet upstream of Cottage RoadNone+760
Suamico RiverApproximately 7,880 feet downstream of Lakeview Road+585+586Village of Suamico.
Approximately 1,150 feet upstream of Bridge Road+605+606
Tributary 1 to Dutchman Creek Southwest TributaryApproximately 310 feet downstream of Lost LaneNone+642Village of Ashwaubenon, Oneida Tribe, Village of Hobart.
Approximately 490 feet upstream of South Packerland DriveNone+665
Tributary 2 to Dutchman Creek Southwest TributaryAt the confluence with Dutchman Creek Southwest TributaryNone+642Village of Ashwaubenon.
Approximately 2,550 feet upstream of the confluence with Dutchman Creek Southwest TributaryNone+666
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Tributary 3 to Dutchman Creek Southwest TributaryAt the confluence with Dutchman Creek Southwest TributaryNone+646Village of Ashwaubenon.
Approximately 1,950 feet upstream of the confluence with Dutchman Creek Southwest TributaryNone+664
Trout CreekApproximately 1,060 feet downstream of North Hillcrest Drive+608+610Village of Hobart, Oneida Tribe.
Just upstream of Sunlite Drive+720+727
Unnamed Tributary to Green BayApproximately 525 feet downstream of Nicolet DriveNone+588City of Green Bay.
Approximately 1,755 feet upstream of Nicolet DriveNone+624
Vanguard Way Tributary to Lancaster CreekAt the confluence with Lancaster CreekNone+610Village of Howard.
Approximately 755 feet upstream of the confluence with Lancaster CreekNone+629
West Verlin Tributary to Willow CreekApproximately 1,220 feet downstream of Bellevue StreetNone+590Village of Bellevue, City of Green Bay.
Approximately 2,990 feet upstream of Verlin RoadNone+597
Willow CreekAt the confluence with the East RiverNone+590Village of Bellevue, City of Green Bay.
Approximately 1,740 feet upstream of Ontario RoadNone+760
* 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 De Pere
Maps are available for inspection at Building Inspection Department, 335 South Broadway, De Pere, WI 54115.
City of Green Bay
Maps are available for inspection at Department of Public Works, Inspection Division, 100 North Jefferson Street, Room 403, Green Bay, WI 54301-5026.
Oneida Tribe
Maps are available for inspection at Village Office, 2990 South Pine Tree Road, Oneida, WI 54155.
Town of Ledgeview
Maps are available for inspection at Building Department, Ledgeview Municipal Building, 3700 Dickinson Road, De Pere, WI 54115.
Unincorporated Areas of Brown County
Maps are available for inspection at Zoning Department, 320 East Walnut, Northern Building, Room 320, Green Bay, WI 54301.
Village of Allouez
Maps are available for inspection at Public Works Department, Municipal Building, 1900 Libal Street, Green Bay, WI 54301-2499.
Village of Ashwaubenon
Maps are available for inspection at Public Works Department, Village Hall, 2155 Holmgren Way, Ashwaubenon, WI 54304.
Village of Bellevue
Maps are available for inspection at Building, Zoning and Development Department, Village Office, 305 East Walnut, Room 320, Green Bay, WI 54311.
Village of Hobart
Maps are available for inspection at Planning Department, Village Office, 2990 South Pine Tree Road, Oneida, WI 54155.
Village of Howard
Maps are available for inspection at Department of Code Administration, Village Hall, 2456 Glendale Avenue, Green Bay, WI 54313.
Village of Pulaski
Maps are available for inspection at Village Clerk's Office, 421 South St. Augustine Street, Pulaski, WI 54162.
Village of Suamico
Maps are available for inspection at Building Inspection Department, Village Hall, 2999 Lakeview Drive, Suamico, WI 54173.
Village of Wrightstown
Maps are available for inspection at Building Inspection Department, Village Hall, 529 Main Street, Wrightstown, WI 54180.
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(Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)

Start Signature

Dated: January 3, 2008.

David I. Maurstad,

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

End Signature End Supplemental Information

[FR Doc. E8-722 Filed 1-15-08; 8:45 am]

BILLING CODE 9110-12-P