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Federal Register/Vol. 73, No. 142/Wednesday, July 23, 2008

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Federal Register/Vol. 73, No. 142/Wednesday, July 23, 2008 Federal Register / Vol. 73, No. 142 / Wednesday, July 23, 2008 / Proposed Rules 42755 (Catalog of Federal Domestic Assistance No. at the community’s map repository. The rulemaking governed by the 97.022, ‘‘Flood Insurance.’’) respective addresses are listed in the Administrative Procedure Act (APA), 5 Dated: July 14, 2008. table below. U.S.C. 553. FEMA publishes flood David I. Maurstad, You may submit comments, identified elevation determinations for notice and Federal Insurance Administrator of the by Docket No. FEMA–B–7795, to comment; however, they are governed National Flood Insurance Program, William R. Blanton, Jr., Chief, by the Flood Disaster Protection Act of Department of Homeland Security, Federal Engineering Management Branch, 1973, 42 U.S.C. 4105, and the National Emergency Management Agency. Mitigation Directorate, Federal Flood Insurance Act of 1968, 42 U.S.C. [FR Doc. E8–16811 Filed 7–22–08; 8:45 am] Emergency Management Agency, 500 C 4001 et seq., and do not fall under the BILLING CODE 9110–12–P Street, SW., Washington, DC 20472, APA. (202) 646–3151, or (e-mail) National Environmental Policy Act. [email protected]. This proposed rule is categorically DEPARTMENT OF HOMELAND FOR FURTHER INFORMATION CONTACT: excluded from the requirements of 44 SECURITY William R. Blanton, Jr., Chief, CFR part 10, Environmental Engineering Management Branch, Consideration. An environmental Federal Emergency Management Mitigation Directorate, Federal impact assessment has not been Agency Emergency Management Agency, 500 C prepared. 44 CFR Part 67 Street, SW., Washington, DC 20472, Regulatory Flexibility Act. As flood (202) 646–3151 or (e-mail) elevation determinations are not within [Docket No. FEMA–B–7795] [email protected]. the scope of the Regulatory Flexibility Act, 5 U.S.C. 601–612, a regulatory Proposed Flood Elevation SUPPLEMENTARY INFORMATION: The flexibility analysis is not required. Determinations Federal Emergency Management Agency (FEMA) proposes to make Executive Order 12866, Regulatory AGENCY: Federal Emergency determinations of BFEs and modified Planning and Review. This proposed Management Agency, DHS. BFEs for each community listed below, rule is not a significant regulatory action ACTION: Proposed rule. in accordance with section 110 of the under the criteria of section 3(f) of Flood Disaster Protection Act of 1973, Executive Order 12866, as amended. SUMMARY: Comments are requested on 42 U.S.C. 4104, and 44 CFR 67.4(a). Executive Order 13132, Federalism. the proposed Base (1 percent annual- These proposed BFEs and modified This proposed rule involves no policies chance) Flood Elevations (BFEs) and BFEs, together with the floodplain that have federalism implications under proposed BFE modifications for the management criteria required by 44 CFR Executive Order 13132. communities listed in the table below. 60.3, are the minimum that are required. The purpose of this notice is to seek Executive Order 12988, Civil Justice They should not be construed to mean Reform. This proposed rule meets the general information and comment that the community must change any regarding the proposed regulatory flood applicable standards of Executive Order existing ordinances that are more 12988. elevations for the reach described by the stringent in their floodplain downstream and upstream locations in management requirements. The List of Subjects in 44 CFR Part 67 the table below. The BFEs and modified community may at any time enact Administrative practice and BFEs are a part of the floodplain stricter requirements of its own, or management measures that the procedure, Flood insurance, Reporting pursuant to policies established by other and recordkeeping requirements. community is required either to adopt Federal, State, or regional entities. or show evidence of having in effect in Accordingly, 44 CFR part 67 is These proposed elevations are used to proposed to be amended as follows: order to qualify or remain qualified for meet the floodplain management participation in the National Flood requirements of the NFIP and are also PART 67—[AMENDED] Insurance Program (NFIP). In addition, used to calculate the appropriate flood these elevations, once finalized, will be insurance premium rates for new 1. The authority citation for part 67 used by insurance agents and others to buildings built after these elevations are continues to read as follows: calculate appropriate flood insurance made final, and for the contents in these premium rates for new buildings and Authority: 42 U.S.C. 4001 et seq.; buildings. Reorganization Plan No. 3 of 1978, 3 CFR, the contents in those buildings. Comments on any aspect of the Flood 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, DATES: Comments are to be submitted Insurance Study and FIRM, other than 3 CFR, 1979 Comp., p. 376. on or before October 21, 2008. the proposed BFEs, will be considered. ADDRESSES: The corresponding A letter acknowledging receipt of any § 67.4 [Amended] preliminary Flood Insurance Rate Map comments will not be sent. 2. The tables published under the (FIRM) for the proposed BFEs for each Administrative Procedure Act authority of § 67.4 are proposed to be community are available for inspection Statement. This matter is not a amended as follows: VerDate Aug<31>2005 17:30 Jul 22, 2008 Jkt 214001 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 E:\FR\FM\23JYP1.SGM 23JYP1 pwalker on PROD1PC71 with PROPOSALS 42756 Federal Register / Vol. 73, No. 142 / Wednesday, July 23, 2008 / Proposed Rules * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above State City/town/county Source of flooding Location ** ground Existing Modified Unincorporated Areas of Siskiyou County, California California .................. Unincorporated Panther Creek (shal- Approximately 1,200 feet southwest of the None # 2 Areas of Siskiyou low flooding). intersection of Squaw Valley Road and County. Highway 89. Flood extends west to- wards Modoc Avenue. California .................. Unincorporated Panther Creek Over- Immediately south of and adjacent to High- None # 2 Areas of Siskiyou flow (shallow flood- way 89, starting near the intersection of County. ing). Squaw Valley Road and Highway 89. Flooding encompasses portions of both sides of Squaw Valley Road for a south- erly distance of approximately 3,000 feet. * 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 ref- erenced 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 Unincorporated Areas of Siskiyou County Maps are available for inspection at the Siskiyou County Public Works Department, 305 Butte Street, Yreka, CA. Ashland County, Ohio Ohio .......................... Ashland County ........ Lang Creek ............... Approximately 200 feet upstream of east- None +983 ern corporate limit of the City of Ashland. ................................... ................................... At Orange Street ......................................... None +990 Ohio .......................... Ashland County........ Town Run................. Approximately 410 feet downstream of None +1126 Brookside Golf Course Drive. ................................... ................................... At Brookside Golf Course Drive ................. None +1144 * 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 ref- erenced 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 Ashland County Maps are available for inspection at 110 Cottage Street, Ashland, OH 44805. * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above Flooding source(s) Location of referenced elevation ** ground Communities affected Effective Modified Alameda County, California, and Incorporated Areas Castro Valley Creek (Line I) Approximately 800 feet downstream of North 4th +124 +125 Unincorporated Areas of Ala- Street. meda County, City of Hay- ward. Upstream side of Pine Street ................................... +167 +168 Castro Valley Creek (Line At the confluence with Castrol Valley Creek ............ +165 +164 Unincorporated Areas of Ala- J). meda County. Approximately 70 feet upstream of Seaview Ave- None +332 nue. Chabot Creek (Line G) ....... Approximately 0.5 mile downstream of Grove Way None +110 Unincorporated Areas of Ala- meda County, City of Hay- ward. Approximately 700 feet upstream of Wisteria Street +173 +172 VerDate Aug<31>2005 17:30 Jul 22, 2008 Jkt 214001 PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 E:\FR\FM\23JYP1.SGM 23JYP1 pwalker on PROD1PC71 with PROPOSALS Federal Register / Vol. 73, No. 142 / Wednesday, July 23, 2008 / Proposed Rules 42757 * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet
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