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Federal Register/Vol. 73, No. 156/Tuesday, August 12, 2008/Proposed Rules

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Federal Register/Vol. 73, No. 156/Tuesday, August 12, 2008/Proposed Rules Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Proposed Rules 46853 * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above Communities Flooding source(s) Location of referenced elevation ** ground affected Effective Modified ADDRESSES Unincorporated Areas of Scott County Maps are available for inspection at Scott County Courthouse, 35 East Market Street, Winchester, IL 62694. (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 25, 2008. table below. U.S.C. 553. FEMA publishes flood Edward L. Connor, You may submit comments, identified elevation determinations for notice and Deputy Assistant Administrator for by Docket No. FEMA–B–7799, to comment; however, they are governed Insurance, Department of Homeland Security, William R. Blanton, Jr., Chief, by the Flood Disaster Protection Act of Federal Emergency Management Agency. Engineering Management Branch, 1973, 42 U.S.C. 4105, and the National [FR Doc. E8–18526 Filed 8–11–08; 8:45 am] Mitigation Directorate, Federal Flood Insurance Act of 1968, 42 U.S.C. Emergency Management Agency, 500 C BILLING CODE 9110–12–P 4001 et seq., and do not fall under the Street, SW., Washington, DC 20472, APA. (202) 646–3151, or (e-mail) National Environmental Policy Act. DEPARTMENT OF HOMELAND [email protected]. This proposed rule is categorically SECURITY FOR FURTHER INFORMATION CONTACT: excluded from the requirements of 44 William R. Blanton, Jr., Chief, CFR part 10, Environmental Federal Emergency Management Engineering Management Branch, Consideration. An environmental Agency Mitigation Directorate, Federal impact assessment has not been Emergency Management Agency, 500 C prepared. 44 CFR Part 67 Street, SW., Washington, DC 20472, Regulatory Flexibility Act. As flood [Docket No. FEMA–B–7799] (202) 646–3151 or (e-mail) elevation determinations are not within [email protected]. the scope of the Regulatory Flexibility Proposed Flood Elevation SUPPLEMENTARY INFORMATION: The Act, 5 U.S.C. 601–612, a regulatory Determinations Federal Emergency Management Agency flexibility analysis is not required. (FEMA) proposes to make Executive Order 12866, Regulatory AGENCY: Federal Emergency Planning and Review. This proposed Management Agency, DHS. determinations of BFEs and modified 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 Executive Order 12866, as amended. SUMMARY: Comments are requested on Flood Disaster Protection Act of 1973, the proposed Base (1 percent annual- 42 U.S.C. 4104, and 44 CFR 67.4(a). Executive Order 13132, Federalism. chance) Flood Elevations (BFEs) and These proposed BFEs and modified This proposed rule involves no policies proposed BFE modifications for the BFEs, together with the floodplain that have federalism implications under communities listed in the table below. management criteria required by 44 CFR Executive Order 13132. The purpose of this notice is to seek 60.3, are the minimum that are required. Executive Order 12988, Civil Justice general information and comment They should not be construed to mean Reform. This proposed rule meets the regarding the proposed regulatory flood that the community must change any applicable standards of Executive Order elevations for the reach described by the existing ordinances that are more 12988. stringent in their floodplain downstream and upstream locations in List of Subjects in 44 CFR Part 67 the table below. The BFEs and modified management requirements. The BFEs are a part of the floodplain community may at any time enact Administrative practice and management measures that the stricter requirements of its own, or procedure, Flood insurance, Reporting community is required either to adopt pursuant to policies established by other and recordkeeping requirements. 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 order to qualify or remain qualified for proposed to be amended as follows: participation in the National Flood meet the floodplain management Insurance Program (NFIP). In addition, requirements of the NFIP and are also PART 67—[AMENDED] these elevations, once finalized, will be used to calculate the appropriate flood 1. The authority citation for part 67 used by insurance agents, and others to insurance premium rates for new continues to read as follows: calculate appropriate flood insurance buildings built after these elevations are premium rates for new buildings and made final, and for the contents in these Authority: 42 U.S.C. 4001 et seq.; the contents in those buildings. buildings. Reorganization Plan No. 3 of 1978, 3 CFR, 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 November 10, 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 14:12 Aug 11, 2008 Jkt 214001 PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 E:\FR\FM\12AUP1.SGM 12AUP1 yshivers on PROD1PC62 with PROPOSALS 46854 Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Proposed Rules * Elevation in feet (NGVD) + Elevation in feet (NAVD) Location of referenced # Depth in feet above Communities Flooding source(s) elevation ** ground affected Effective Modified St. Tammany Parish, Louisiana, and Incorporated Areas Abita Creek........................... Approximately 2,960 feet downstream from con- None +46 Unincorporated Areas of fluence with Abita Creek Tributary 1. St. Tammany Parish. Approximately 45 feet downstream from intersection None +116 with Churchill Downs Dr. Abita Creek Tributary 1 ......... From confluence with Abita Creek ............................... None +48 Unincorporated Areas of St. Tammany Parish. To 1 mile upstream of confluence with Abita Creek .... None +51 Abita River Tributary 1 .......... From confluence with Abita River ................................ None +23 Unincorporated Areas of St. Tammany Parish. Approximately 1,077 feet from intersection with State None +28 Highway 36. Bayou Chinchuba .................. Approximately 7,285 feet downstream from intersec- None +12 Unincorporated Areas of tion with Interstate 190. St. Tammany Parish, Town of Mandeville. Approximately 6,560 feet downstream from intersec- None +26 tion with Lotus Rd./Henry Meiners Rd. Bayou Lacombe .................... Approximately 182 feet upstream from intersection None +10 Unincorporated Areas of with Interstate 190. St. Tammany Parish. Approximately 2,993 feet upstream from intersection None +40 with State Highway 36. Bayou Lacombe Tributary 1 From confluence with Bayou Lacombe ........................ None +11 Unincorporated Areas of St. Tammany Parish. At intersection with N. Pontchartrain Dr ....................... None +20 Bayou Lacombe Tributary 2 From confluence of Bayou Lacombe ........................... None +16 Unincorporated Areas of St. Tammany Parish. Approximately 50 feet upstream of intersection with None +19 Fish Hatchery Road. Bayou Lacombe Tributary 4 From confluence with Bayou Lacombe ........................ None +21 Unincorporated Areas of St. Tammany Parish. Approximately 143 feet downstream from intersection None +25 with Fish Hatchery Road. Bayou Lacombe Tributary 5 From confluence with Bayou Lacombe ........................ None +26 Unincorporated Areas of St. Tammany Parish. Approximately 6,789 feet upstream from intersection None +36 with Beaver Ball Rd. Bayou Lacombe Tributary 6 From confluence with Bayou Lacombe ........................ None +34 Unincorporated Areas of St. Tammany Parish. Approximately 7,560 feet upstream from intersection None +44 with Hickory Highway. Bayou Liberty ........................ Approximately 4,328 feet downstream fro intersection None +10 Unincorporated Areas of with Tammany Trace Bike Trail. St. Tammany Parish, City of Slidell. Approximately 105 feet downstream from intersection None +36 with Horse Shoe Island Road. Bayou Liberty Tributary 3 ..... From confluence with Bayou Liberty ............................ None +17 Unincorporated Areas of St. Tammany Parish, City of Slidell. Approximately 930 feet upstream from intersection None +24 with Belair Blvd. Bayou Paquet ....................... Approximately 2,584 feet downstream from intersec- None +11 Unincorporated Areas of tion with Park Drive/Park Avenue. St. Tammany Parish. Approximately 182 feet downstream from intersection None +14 with Tammany Trace Bike Trail. Bayou Tete L’Ours ................ Approximately 8,905 feet from confluence with +9 +11 Unincorporated Areas of Tchefuncte River. St. Tammany Parish. Approximately 100 feet downstream from intersection +16 +15 with Thackery St. Bayou de Zaire ..................... Approximately 443 feet downstream from intersection None +11 Unincorporated Areas of with Dummy Line Rd. St. Tammany Parish. Approximately
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