# [Amended]
**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 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).
**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
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. | Existing | Modified |
| --- | --- | --- | --- | --- | --- | --- |
| | | | | | | |
| Virginia | City of Lynchburg | Burton Creek | Confluence with Blackwater Creek | *660 | +660 | |
| | | | Approximately 1800 feet upstream of Wards Ferry Road | None | +758 | |
| | | Burton Creek Tributary No. 1 | Confluence with Burton Creek | None | +758 | |
| | | | Approximately 1.0 mile upstream of confluence with Burton Creek | None | +870 | |
| | | Burton Creek Tributary No. 2 | Confluence with Burton Creek Tributary No. 1 | None | +767 | |
| | | | Approximately 950 feet upstream of Wade Lane | None | +844 | |
| | | Burton Creek Tributary No. 3 | Confluence with Burton Creek | None | +758 | |
| | | | Approximately 2300 feet upstream of confluence with Burton Creek | None | +841 | |
| | | Burton Creek Tributary No. 4 | Confluence with Burton Creek | None | +755 | |
| | | | Approximately 0.5 mile upstream of Wards Ferry Road | None | +836 | |
| | | Burton Creek Tributary No. 5 | Confluence with Burton Creek | None | +755 | |
| | | | Approximately 850 feet upstream of confluence with Burton Creek | None | +768 | |
| | | Burton Creek Tributary No. 6 | Confluence with Burton Creek | None | +720 | |
| | | | Approximately 1250 feet upstream of confluence with Burton Creek | None | +757 | |
| | | Rock Castle Creek | Confluence with Burton Creek | *722 | +740 | |
| | | | Just upstream of Wards Ferry Road | *814 | +810 | |
| | | Rock Castle Creek Tributary No. 4 | Confluence with Rock Castle Creek | None | +758 | |
| | | | Approximately 1500 feet upstream of railroad spur | None | +843 | |
| | | Rock Castle Creek Tributary No. 5 | Confluence with Rock Castle Creek | None | +740 | |
| | | | Approximately 200 feet upstream of Lynchburg Expressway | None | +783 | |
| | | Rock Castle Creek Tributary No. 6 | Confluence with Rock Castle Creek | None | +740 | |
| | | | Approximately 800 feet upstream of Edgewood Drive | None | +804 | |
| *National Geodetic Vertical Datum. | | | | | | |
| #Depth in feet above ground. | | | | | | |
| +North American Vertical Datum. | | | | | | |
| | | | | | | |
| | | | | | | |
| Maps are available for inspection at 900 Church Street, 2nd Floor Planning Division, Lynchburg, VA 24504. | | | | | | |
| Send comments to The Honorable Joan Foster, Mayor, 900 Church Street, Lynchburg, VA 24504. | | | | | | |
| Flooding source(s) | Location of referenced | *Elevation in feet (NGVD) | Effective | Modified | Communities affected |
| --- | --- | --- | --- | --- | --- |
| | | | | | |
| Ohio River | Daviess County Line | None | +392 | City of Hawesville. | |
| | Breckinridge County Line | None | +407 | City of Lewisport, Hancock County (Unincorporated Areas). | |
| * National Geodetic Vertical Datum. | | | | | |
| + North American Vertical Datum. | | | | | |
| # Depth in feet above ground. | | | | | |
| | | | | | |
| | | | | | |
| Maps are available for inspection at 385 Main Street, Hawesville, KY 42348. | | | | | |
| Send comments to The Honorable Charles King, Mayor, City of Hawesville, 395 Main Street, P.O. Box 157, Hawesville, KY 42348. | | | | | |
| | | | | | |
| Maps are available for inspection at 590 Old Mill Road, Lewisport, KY 42351. | | | | | |
| Send comments to The Honorable Chad Gregory, Mayor, City of Lewisport, 1010 Market Street, Lewisport, KY 42351. | | | | | |
| | | | | | |
| Maps are available for inspection at 385 Main Street, Hawesville, KY 42348. | | | | | |
| Send comments to The Honorable Jack McCaslin, Hancock County, P.O. Box 580, Hawesville, KY 42348. | | | | | |
| | | | | | |
| Ashippun River | At Pennsylvania Avenue | None | *854 | Waukesha County (Unincorporated Areas). | |
| Bark River | Drumlin Trail | None | *848 | Waukesha County (Unincorporated Areas). | |
| Butler Ditch | Hampton Road | *752 | *750 | City of Brookfield. | |
| | Lilly Road | *759 | *757 | | |
| Deer Creek | Pinehurst Drive | *838 | *837 | City of New Berlin, City of Brookfield. | |
| Dousman Ditch | Gebhardt Road | *828 | *825 | City of Brookfield. | |
| | Lake Road | *830 | *831 | | |
| Fox River | River Road | *826 | *827 | Village of Menomonee Falls, City of Brookfield. | |
| Lake Nagawicka | Lake Nagawicka | *891 | *893 | City of Delafield. | |
| Mukwonago River | South Rochester Street | *784 | *786 | Waukesha County (Unincorporated Areas), Village of Mukwonago. | |
| Pewaukee Lake | Pewaukee Lake | *855 | *854 | Village of Pewaukee. | |
| Quietwood Creek | Woods Road | None | *781 | City of Muskego. | |
| | Janesville Road | None | *800 | | |
| Rosenow Creek | Lake Street | None | *861 | Waukesha County (Unincorporated Areas), City of Oconomowoc. | |
| South Branch | Bugline Trail | *938 | *941 | Waukesha County (Unincorporated Areas). | |
| | | | | Village of Sussex. | |
| South Branch Underwood Creek | At Interstate I-94 | *722 | *723 | City of Brookfield. | |
| Sussex Creek | Duplainville Road | *838 | *835 | Village of Sussex. | |
| | Main Street | *922 | *924 | City of Pewaukee. Waukesha County (Unincorporated Areas). | |
| Sussex Creek | Weyer Road | None | *845 | Waukesha County (Unincorporated Areas). | |
| Underwood Creek | UPS Service Road | *725 | *724 | City of Brookfield, Village of Elm Grove. | |
| Upper Namahbin Lake | Upper Namahbin Lake | *872 | *874 | Waukesha County (Unincorporated Areas). | |
| Upper/Lower Phantom Lake | Upper/Lower Phantom Lake | *792 | *794 | Waukesha County (Unincorporated Areas). | |
| * National Geodetic Vertical Datum. | | | | | |
| + North American Vertical Datum. | | | | | |
| # Depth in feet above ground. | | | | | |
| | | | | | |
| | | | | | |
| Maps are available for inspection at 2000 N. Calhoun Road, Brookfield, WI 53005. | | | | | |
| Send comments to Mr. Mike Theis, Community Development Director, 2000 N. Calhoun Road, Brookfield, WI 53005. | | | | | |
| | | | | | |
| Maps are available for inspection at 500 Genesee Street, Delafield, WI 53018. | | | | | |
| Send comments to Mr. Matt Carlson, Administrator, 500 Genesee Street, Delafield, WI 53018. | | | | | |
| | | | | | |
| Maps are available for inspection at W182 S8200 Racine Avenue, Muskego, WI 53150-0749. | | | | | |
| Send comments to Mr. Jeff Muenkel, Planning Director, PO Box 0749, Muskego, WI 53150-0749. | | | | | |
| | | | | | |
| Maps are available for inspection at 3805 South Casper Drive, New Berlin, WI 53151. | | | | | |
| Send comments to Mr. Greg Kessler, Community Development Director, 3805 South Casper Drive, New Berlin, WI 53151. | | | | | |
| | | | | | |
| Maps are available for inspection at 174 E. Wisconsin Avenue, Oconomowoc, WI 53066. | | | | | |
| Send comments to Mr. Jason Gallo, Planning Director, PO Box 27, Oconomowoc, WI 53066. | | | | | |
| | | | | | |
| Maps are available for inspection at W240N3065 Pewaukee Road, Pewaukee, WI 53072. | | | | | |
| Send comments to Mr. Harland Clinkenbeard, Planning Director, W240N3065 Pewaukee Road, Pewaukee, WI 53072. | | | | | |
| | | | | | |
| Maps are available for inspection at 515 W. Moorland Blvd., Waukesha, WI 53188. | | | | | |
| Send comments to Mr. Dick Mace, Planning and Zoning Manager, 1320 Pewaukee Road, Waukesha, WI 53188. | | | | | |
| | | | | | |
| Maps are available for inspection at 118 S. Main Street, Dousman, WI 53118. | | | | | |
| Send comments to Mr. Bruce Kaniewski, Zoning Administrator, 118 S. Main Street, Dousman, WI 53118. | | | | | |
| | | | | | |
| Maps are available for inspection at 13600 Juneau Blvd., Elm Grove, WI 53122. | | | | | |
| Send comments to Mr. Austin Eich, Zoning and Planning Administrator, 13600 Juneau Blvd., Elm Grove, WI 53122. | | | | | |
| | | | | | |
| Maps are available for inspection at 210 Cottonwood Avenue, Hartland, WI 53029. | | | | | |
| Send comments to Mr. Scott Hussinger, Zoning Administrator, 210 Cottonwood Avenue, Hartland, WI 53029. | | | | | |
| | | | | | |
| Maps are available for inspection at W156 N8480 Pilgrim Road, Menomonee Falls, WI 53051-3140. | | | | | |
| Send comments to Mr. William Freislenben, Director of Community Development, W156 N8480 Pilgrim Road, Menomonee Falls, WI 53051-3140. | | | | | |
| | | | | | |
| Maps are available for inspection at 28343 Sussex Road, Merton, WI 53056. | | | | | |
| Send comments to Mr. Thomas Nelson, Administrator, 28343 Sussex Road, PO Box 13, Merton, WI 53056. | | | | | |
| | | | | | |
| Maps are available for inspection at 440 River Crest Court, Mukwonago, WI 53149. | | | | | |
| Send comments to Mr. Joseph J Hankovich, Zoning Administrator, 440 River Crest Court, PO Box 206, Mukwonago, WI 53149. | | | | | |
| | | | | | |
| Maps are available for inspection at 235 Hickory Street, Pewaukee, WI 53072. | | | | | |
| Send comments to Mr. Scott Gosse, Village Administrator, 235 Hickory Street, Pewaukee, WI 53072. | | | | | |
| | | | | | |
| Maps are available for inspection at N64 W23760 Main Street, Sussex, WI 53089. | | | | | |
| Send comments to Mr. Evan Teich, Administrator, N64 W23760 Main Street, Sussex, WI 53089. | | | | | |
(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”)
Dated: April 16, 2007.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance Program, Federal Emergency Management Agency, Department of Homeland Security.