# Proposed Flood Elevation Determinations > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3AE6-20790 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** December 7, 2006 - **Citation:** 71 FR 70930 ## Text DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA-B-7700] Proposed Flood Elevation Determinations 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 BFE 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. 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. 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. List of Subjects in 44 CFR Part 67 Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements. Accordingly, 44 CFR part 67 is proposed to be amended as follows: PART 67—[AMENDED] 1. The authority citation for part 67 continues to read as follows: 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. § 67.4 [Amended] 2. The tables published under the authority of § 67.4 are proposed to be amended as follows: State City/town/county Source of flooding Location #Depth in feet above ground. *Elevation in feet (NGVD) +Elevation in feet (NAVD) Existing Modified Town of Austin, Arkansas AR Town of Austin Unnamed Creek Approximately 1,500 feet downstream of Ed Haymes Road None +235 Approximately 3000 feet upstream from Ed Haymes Road None +269 *National Geodetic Vertical Datum. #Depth in feet above ground. +North American Vertical Datum. ADDRESSES Town of Austin Maps are available for inspection at City Hall, 202 W Hendricks, Austin, AR 72007. Send comments to The Honorable Bernie Chamberlain, Mayor, City of Austin, PO Box 129, Austin, AR 72007. Flooding source(s) Location of referenced elevation * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground. Effective 1 Modified Communities affected Lowndes County, Georgia, and Incorporated Areas Sugar Creek At confluence with Withlacoochee River +132 +131 Lowndes County (Unincorporated Areas), City of Valdosta. Approximately 175 feet downstream of Gornto Road +132 +131 Two Mile Branch At confluence with Sugar Creek +132 +131 Lowndes County (Unincorporated Areas), City of Valdosta. Approximately 1,800 feet upstream of confluence with Sugar Creek +132 +131 Withlacoochee River Approximately 9,250 feet downstream of State Highway 31 None +90 Lowndes County (Unincorporated Areas). Approximately 4,950 feet upstream of abandoned railroad None +97 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. 1 The existing elevation data included on the effective FIRM is printed in the elevation datum of the National Geodetic Vertical Datum of 1929 (NGVD29). In order to convert this printed elevation data from the NGVD29 datum to the NAVD88 datum, please subtract 0.684 feet. ADDRESSES Lowndes County (Unincorporated Areas) Maps are available for inspection at the County Office, 325 West Savannah Avenue, Valdosta, Georgia 31601. Send comments to Mr. Joseph D. Pritchard, County Manager, 325 West Savannah Avenue, Valdosta, Georgia 31601. City of Valdosta Maps are available for inspection at the County Office, 327 West Savannah Avenue, Valdosta, Georgia 31601. Send comments to The Honorable John J. Fretti, Mayor, City of Valdosta, 216 East Central Avenue, Valdosta, Georgia 31603. Flooding source(s) Location of referenced elevation * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground. Effective Modified Communities affected East Baton Rouge Parish, Louisiana and Incorporated Areas Bayou Duplantier and Corporation Canal Confluence with Dawson Creek *27 +25 East Baton Rouge Parish. Intersection with Nicholson Drive on-ramp None +29 Bayou Fountain Confluence with Bayou Manchac *15 +14 East Baton Rouge Parish. 500 feet upstream from the intersection with Nicholson Drive *24 +23 Bayou Fountain North Branch Confluence with Bayou Fountain *20 +21 East Baton Rouge Parish. Approximately 2100 feet upstream from the intersection with Nicholson Drive (at pedestrian bridge) None +22 Bayou Fountain South Branch Confluence with Bayou Fountain *24 +23 East Baton Rouge Parish. Approximately 2100 feet upstream from the intersection with Gourrier Ave *25 +24 Bayou Fountain Tributary 1 Upstream face—Fulmer Skipwith Road *17 +16 East Baton Rouge Parish. Approximately 1200 feet upstream from the intersection with Highland Road *17 +18 Clay Cut Bayou Approximately 4400 feet downstream from Tiger Bend Road *27 +26 East Baton Rouge Parish. Approximately 600 feet upstream from the intersection with Bluebonnet Road None +32 Dawson Creek Confluence with Ward's Creek *25 +24 East Baton Rouge Parish. Approximately 1200 feet upstream from the intersection with Clay Cut Road *37 +36 Elbow Bayou Upstream face of Illinois Central Railroad *20 +18 East Baton Rouge Parish. Approximately 3.1 miles upstream from Ben Hur Road None +21 Jacks Bayou Confluence with Clay Cut Bayou *29 +30 East Baton Rouge Parish. Approximately 2400 feet upstream from the intersection with Parkforest Drive *41 +37 Mississippi River Intersection of Bluebonnet Blvd. and Nicholson Dr. (East Baton Rouge Parish limits) None +42 East Baton Rouge Parish Mississippi River west of W. Mount Pleasant Road (East Baton Rouge Parish limits) None +52 Mississippi River West of W. Mount Pleasant Road (East Baton Rouge Parish Boundary) None +42 At confluence of Mississippi River and Bayou Manchac (East Baton Rouge Parish Boundary) None +52 North Branch Confluence with Wards Creek *30 +29 East Baton Rouge Parish. Wards Creek Approximately 1100 feet upstream from the intersection with Connells Village Lane *43 +44 South Canal Diversion Approximately 2300 feet upstream from the intersection with Plank Road *83 +82 East Baton Rouge Parish, City of Baker. Approximately 2300 feet upstream from the intersection with Plank Road *83 +82 East Baton Rouge Parish East Baton Rouge Parish None +16 East Baton Rouge Parish. Approximately 2300 feet upstream from the intersection with Elvin Drive None +16 Unnamed Tributary to North Branch Wards Creek (Harelson Lateral) Confluence with North Branch Wards Creek None +40 East Baton Rouge Parish. Confluence with North Branch Wards Creek None +43 Upper Cypress Bayou Approximately 2800 feet upstream from the intersection with Heck Young Rd *80 +81 City of Zachary. Approximately 100 feet downstream from the intersection with Rollins Road *97 +94 Upper White Bayou Confluence with South Canal *81 +82 City of Zachary, East Baton Rouge Parish. Approximately 2700 feet upstream from Old Scenic Highway None +119 Wards Creek Confluence with Bayou Manchac None +18 East Baton Rouge Parish. Approximately 100 feet upstream from the intersection with Choctaw Drive None +51 Weiner Creek Confluence with Jones Creek *40 +39 East Baton Rouge Parish. Approximately 1100 feet upstream from the intersection with Church Entrance Road None +42 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES City of Baker Maps are available for inspection at City Hall, 3325 Groom Road, Baker, LA 70714. Send comments to The Honorale Harold Rideau, Mayor, City of Baker, P.O. Box 707, Baker, LA 70714. City of Zachary Maps are available for inspection at City Hall, 4650 Main Street, Zachary, LA 70791. Send comments to The Honorable Charlene Smith, Mayor, City of Zachary, P.O. Box 310, Zachary, LA 70791. East Baton Rouge Parish Maps are available for inspection at 4th Floor Municipal Building, 300 North Blvd, Baton Rouge, LA 70802. Send comments to The Honorable Melvin L. Holden, Mayor-President, P.O. Box 1471, Baton Rouge, LA 70821. Columbia County, Pennsylvania, and Incorporated Areas Briar Creek Approximately 130 feet downstream of U.S. Route 11 (West Front Street) *492 +492 Borough of Briar Creek. Approximately 2350 feet downstream of U.S. Route 11 (West Front Street) *492 +492 Catawissa Creek Approximately at 1100 feet downstream of Second Street *474 +476 Borough of Catawissa. Approximately 200 feet upstream of Numidia Drive *476 +476 Fishing Creek Approximately 2180 feet downstream of Covered Bridge No. 56 *477 +479 Town of Bloomsburg, Township of Montour. Approximately 2800 feet upstream of Red Mill Road *480 +480 Hemlock Creek Approximately 650 feet downstream of Legislative Route 19010 (Perry Avenue) *478 +479 Hemlock Township of, Township of Montour. Approximately at 510 feet upstream of Legislative Route 19100 (Perry Avenue) *478 +480 Kinney Run Approximately at 900 feet downstream of the confluence with Tributary No. 1 to Kinney Run, at Scott Township corporate limit *480 +481 Township of Scott. Approximately at 250 feet upstream of the confluence with Tributary No. 2 to Kinney Run *482 +481 Roaring Creek Approximately 1320 feet downstream of Legislative Route 19011 (Mount Zion Rd.) *468 +470 Township of Franklin. Approximately 1020 feet upstream of Legislative Route 19011 (Mount Zion Rd.) *468 +470 Susquehanna River Approximately 3.5 miles downstream of Rupert Drive *467 +470 Borough of Berwick, Borough of Briar Creek. Approximately 1200 feet upstream of Route 93 *500 +500 Borough of Catawissa, Town of Bloomsburg, Township of Catawissa, Township of Franklin, Township of Main, Township of Mifflin, Township of Montour, Township of Scott, Township of South Centre. Tributary No. 1 to Catawissa Creek Approximately 240 feet downstream of State Route 42 *476 +476 Borough of Catawissa. Approximately 85 feet downstream of State Route 42 *476 +476 Tributary No. 1 to Kinney Run Approximately 1530 feet downstream of U.S. Route 11 (New Berwick Hwy) *480 +481 Township of Scott. Approximately 638 feet downstream of U.S. Route 11 (New Berwick Hwy) *480 +481 Tributary No. 10 to Susquehanna River Approximately 450 feet downstream of Old Berwick Road *482 +483 Township of Scott. Approximately 590 feet upstream of Tractor Road *484 +483 Tributary No. 11 to Susquehanna River Approximately 960 feet downstream of Old Berwick Road *484 +485 Township of South Centre. Just upstream of Old Berwick Road *484 +485 Tributary No. 12 to Susquehanna River Approximately 1508 feet downstream of Legislative Route 19117 (Old Berwick Road) *487 +487 Township of South Centre. Approximately 1130 feet downstream of Legislative Route 19117 (Old Berwick Road) *487 +487 Tributary No. 13 to Susquehanna Approximately 980 feet downstream of State Road 339 *488 +489 Township of Mifflin. Approximately 600 feet downstream of State Road 339 *488 +489 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES Borough of Berwick Maps are available for inspection at 344 Market Street, Berwick, PA 18603. Send comments to The Honorable Gary Pinterich, President of Borough Council, 344 Market Street, Berwick, PA 18603. Borough of Briar Creek Maps are available for inspection at 6029 Park Road, Berwick, PA 18603. Send comments to The Honorable Bruce Michael, Rittenhouse Mill Road, Berwick, PA 18603. Borough of Catawissa Maps are available for inspection at 307 Main Street, Catawissa, PA 17820. Send comments to The Honorable George Romania, 195 5th Street, Catawissa, PA 17820. Township of Hemlock Maps are available for inspection at 26 Firehall Road, Bloomsburg, PA 17815. Send comments to Mr. Albert L. Hunsinger, Chairman of Board of Supervisors, 26 Firehall Road, Bloomsburg, PA 17815. Town of Bloomsburg Maps are available for inspection at 301 East Second Street, Bloomsburg, PA 17815. Send comments to The Honorable Claude Renninger, Mayor, 301 East Second Street, Bloomsburg, PA 17815. Township of Catawissa Maps are available for inspection at 153 Old Reading Road, Catawissa, PA 17820. Send comments to Mr. James Molick, Chairman of Board of Supervisors, 6 Meadow Road, Catawissa, PA 17820. Township of Franklin Maps are available for inspection at 277 Long Woods Road, Catawissa, PA 17820. Send comments to Mr. Edwin F. Lease, Chairman of Board of Supervisors, 260 Orchard Drive, Catawissa, PA 17820. Township of Main Maps are available for inspection at 345 Church Road, Bloomsburg, PA 17815. Send comments to Mr. Tom Shuman, Supervisor, 345 Church Road, Bloomsburg, PA 17815. Township of Mifflin Maps are available for inspection at P.O. Box 359, Mifflinville, PA 18631. Send comments to Mr. Ricky Lee Brown, Chairman Of Board of Supervisors, P.O. Box 359, Mifflinville, PA 18631. Township of Montour Maps are available for inspection at 195 Rupert Drive, Bloomsburg, PA 17815. Send comments to Mr. Elmer F. Folk, Chairman of Board of Supervisors, 195 Rupert Drive, Bloomsburg, PA 17815. Union County, Pennsylvania, and Incorporated Areas Buffalo Creek Approximately at Mill Road *462 +461 Township of Kelly. Approximately 1950 feet downstream of Strawbridge Road *463 +462 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES Township of Kelly Maps are available for inspection at 551 Zeigler Rd, Lewisburg, PA 17837. Send comments to Mr. David S. Hassenplug, Chairman of Board of Supervisors, 551 Zeigler Rd, Lewisburg, PA 17837. Blount County, Tennessee and Incorporated Areas Brown Creek At confluence with Pistol Creek None +880 City of Maryville. At Grandview Dr None +961 Cross Creek At confluence with Pistol Creek None +956 City of Maryville. At Oxford Hills Dr None +1002 Culton Creek At confluence with Pistol Creek None +848 City of Alcoa, Blount County (Unincorporated Areas), City of Maryville. At Middlesettlements Rd None +858 Duncan Branch At U.S. 129 bypass None +906 City of Maryville. At confluence with Brown Creek None +929 Laurel Bank Branch At Middlesettlements Rd None +856 Blount County (Unincorporated Areas), City of Maryville. At Big Springs Rd None +871 Little River At Wildwood Bridge None +859 Blount County (Unincorporated Areas), City of Townsend. At Webb Road None +1045 Pistol Creek At Carpenter's Grade Rd None +957 City of Alcoa. At Campground Bridge/Davey Crockett Drive None +1112 Russell Branch At Confluence with Little River None +826 City of Rockford. At Wright Rd None +911 Springfield Branch At Eagleton Rd None +846 City of Maryville. At Old Knoxville Pike None +869 Unnamed Tributary to Brown Creek At confluence with Brown Creek None +919 City of Maryville. At Amerine Rd None +1002 Unnamed Tributary to Laurel Bank Branch At confluence with Laurel Bank Branch None +871 Blount County (Unincorporated Areas), City of Maryville. At U.S. Hwy 129 None +1008 Unnamed Tributary To Springfield Branch At confluence with Springfield Branch None +842 City of Maryville. At Harding St None +859 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES Unincorporated Areas of Blount County Maps are available for inspection at: Blount County Zoning Department, 1006 East Lamar Alexander Parkway, Maryville, Tennessee 37804. Send comments to the Honorable Beverly Woodruff, Mayor, Blount County, 341 Court Street, Maryville, TN 37804. City of Alcoa Maps are available for inspection at: City of Alcoa Planning And Codes Department, 223 Associate Blvd., Alcoa, Tennessee 37701. Send comments to the Honorable Donald Mull, Mayor, City of Alcoa, 223 Associate Blvd., Alcoa, TN 37014. City of Maryville Maps are available for inspection at: City of Maryville Engineering Department, 416 West Broadway Avenue, Maryville, Tennessee 37801. Send comments to the Honorable Joe Sawnn, Mayor, City of Maryville, 416 West Broadway Avenue, Maryville, TN 37932. City of Rockford Maps are available for inspection at: Rockford Town Hall, 3719 Little River Road, Rockford, Tennessee 37853. Send comments to the Honorable Steve Simon, Mayor, City of Rockford, 3719 Little River Road, Rockford, TN 37853. City of Townsend Maps are available for inspection at: Townsend City Hall, 133 Tiger Drive, Townsend, Tennessee 37882. Send comments to the Honorable Kenneth Myers, Mayor, City of Townsend, 133 Tiger Drive, Townsend, TN 37882. McMinn County, Tennessee and Incorporated Areas Guthrie Creek At confluence with North Mouse Creek None +822 McMinn County (Unincorporated Areas). At County Highway 172 None +822 Forest Branch At North Jackson Street None +952 City of Athens. At North Avenue None +962 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES Unincorporated Areas of McMinn County, Tennessee Maps are available for inspection at: McMinn County Mayor's Office, 6 East Madison Avenue, Athens, Tennessee 37303. Send comments to: The Honorable John Gentry, Mayor, McMinn County, 6 West Mason Avenue, Athens, Tennessee 37303. City of Athens Maps are available for inspection at: City of Athens GIS Department, 815 North Jackson Street, Athens, Tennessee 37371 . Send comments to the Honorable John Proffitt, Mayor, City of Athens, 815 North Jackson Street, Athens, Tennessee 37371. Unincorporated Areas of Baltimore County, Maryland Dead Run Approximately 180 feet upstream of Gwynn Oak Avenue +336 +337 Baltimore County (Unincorporated Areas). Approximately 726 feet upstream of Dogwood Road None +427 Tributary No. 1 to Dead Run At the confluence with Dead Run +351 +356 Baltimore County (Unincorporated Areas). Approximately 500 feet upstream of I-695 None +395 Tributary No. 3 to Dead Run At the confluence with Dead Run +386 +388 Baltimore County (Unincorporated Areas). Approximately 400 feet upstream of Kennicott Road None +410 * National Geodetic Vertical Datum. # Depth in feet above ground. +North American Vertical Datum. ADDRESSES Baltimore County (Unincorporated Areas) Maps are available for inspection at the Baltimore County Office Building, 111 West Chesapeake Avenue, Room 307, Towson, Maryland. Send comments to Mr. James T. Smith, Jr., Baltimore County Executive, 400 West Washington Avenue, Towson, Maryland 21204. (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”) Dated: November 30, 2006. David I. Maurstad, Director, Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E6-20790 Filed 12-6-06; 8:45 am] BILLING CODE 9110-12-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3AE6-20790. Public record. Not legal advice.