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67834 Federal Register / Vol. 71, No.

226 / Friday, November 24, 2006 / Proposed Rules

DEPARTMENT OF HOMELAND FOR FURTHER INFORMATION CONTACT: Consideration. No environmental


SECURITY William R. Blanton, Jr., Engineering impact assessment has been prepared.
Management Section, Mitigation Regulatory Flexibility Act. As flood
Federal Emergency Management Division, Federal Emergency elevation determinations are not within
Agency Management Agency, 500 C Street, SW., the scope of the Regulatory Flexibility
Washington, DC 20472, (202) 646–3151. Act, 5 U.S.C. 601–612, a regulatory
44 CFR Part 67 flexibility analysis is not required.
SUPPLEMENTARY INFORMATION: The Regulatory Classification. This
[Docket No. FEMA–D–7678] Federal Emergency Management proposed rule is not a significant
Agency, (FEMA) proposes to make regulatory action under the criteria of
Proposed Flood Elevation
determinations of BFEs and modified Section 3(f) of Executive Order 12866 of
Determinations
BFEs for each community listed below, September 30, 1993, Regulatory
AGENCY: Federal Emergency in accordance with Section 110 of the Planning and Review, 58 FR 51735.
Management Agency, DHS. Flood Disaster Protection Act of 1973, Executive Order 13132, Federalism.
ACTION: Proposed rule. 42 U.S.C. 4104, and 44 CFR 67.4(a). This rule involves no policies that have
These proposed BFEs and modified federalism implications under Executive
SUMMARY: Technical information or
BFEs, together with the floodplain Order 13132.
comments are requested on the management criteria required by 44 CFR Executive Order 12988, Civil Justice
proposed Base (1% annual chance) 60.3, are the minimum that are required. Reform. This rule meets the applicable
Flood Elevations (BFEs) and proposed They should not be construed to mean standards of Executive Order 12988.
BFEs modifications for the communities that the community must change any
listed below. The BFEs are the basis for List of Subjects in 44 CFR Part 67
existing ordinances that are more
the floodplain management measures stringent in their floodplain Administrative practice and
that the community is required either to management requirements. The procedure, Flood insurance, Reporting
adopt or to show evidence of being community may at any time enact and recordkeeping requirements.
already in effect in order to qualify or stricter requirements of its own, or
remain qualified for participation in the Accordingly, 44 CFR part 67 is
pursuant to policies established by other proposed to be amended as follows:
National Flood Insurance Program Federal, state or regional entities. These
(NFIP). proposed elevations are used to meet PART 67—[AMENDED]
DATES: The comment period is ninety the floodplain management
(90) days following the second 1. The authority citation for part 67
requirements of the NFIP and are also
publication of this proposed rule in a continues to read as follows:
used to calculate the appropriate flood
newspaper of local circulation in each insurance premium rates for new Authority: 42 U.S.C. 4001 et seq.;
community. buildings built after these elevations are Reorganization Plan No. 3 of 1978, 3 CFR,
made final, and for the contents in these 1978 Comp., p. 329; E.O. 12127, 44 FR 19367,
ADDRESSES: The proposed BFEs for each 3 CFR, 1979 Comp., p. 376.
community are available for inspection buildings.
at the office of the Chief Executive National Environmental Policy Act. § 67.4 [Amended]
Officer of each community. The This proposed rule is categorically 2. The tables published under the
respective addresses are listed in the excluded from the requirements of 44 authority of § 67.4 are proposed to be
table below. CFR Part 10, Environmental amended as follows:

CITY OF NEW YORK, NEW YORK


#Depth in feet
above ground.
*Elevation in feet
(NGVD)
State City/town/county Source of flooding Location +Elevation in feet
(NAVD)

Existing Modified

New York .......... New York (City) Amboy Road Wetland Entire shoreline within the community ............... None *50
(Staten Island).
Arbutus Creek (Staten Is- Approximately 530 feet upstream of Hylan *15 *16
land). Boulevard.
Approximately 980 feet upstream of Amboy None *57
Road.
Blue Heron Main Branch Approximately 100 feet upstream of Hylan *10 *17
(Staten Island). Boulevard.
Approximately 1,700 feet upstream of Tallman None *70
Street.
Blue Heron Tributary At the confluence with Blue Heron Main None *36
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(Staten Island). Branch.


Approximately 35 feet upstream of Holbridge None *70
Avenue.
Bronx River (Bronx) .......... Approximately 600 feet upstream of Tremont *14 *15
Street.
Approximately 1,650 feet upstream of East *73 *74
24th Street.

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Federal Register / Vol. 71, No. 226 / Friday, November 24, 2006 / Proposed Rules 67835

CITY OF NEW YORK, NEW YORK—Continued


#Depth in feet
above ground.
*Elevation in feet
(NGVD)
State City/town/county Source of flooding Location +Elevation in feet
(NAVD)

Existing Modified

Butler Manor (Staten Is- Approximately 75 feet upstream of the con- *12 *10
land). fluence with Raritan Bay.
Approximately 0.6 mile upstream of the con- None *33
fluence with Raritan Bay.
Cleveland Avenue Wet- Entire shoreline within the community ............... None *58
land (Staten Island).
Colon Tributary (Staten Is- At the confluence with Sweet Brook ................. *14 *15
land).
Approximately 145 feet upstream of Pemberton *44 *41
Avenue.
D Street Brook (Staten Is- At D Street ......................................................... None *97
land).
Approximately 1,530 feet upstream of D Street None *155
Denise Tributary (Staten Approximately 260 feet upstream of the con- *17 *18
Island). fluence of Arbutus Creek.
Approximately 1,205 feet upstream of Jansen *48 *49
Street.
Eibs Pond (Staten Island) Entire shoreline within the community ............... None *87
Eltingville Tributary (Staten At the confluence with Sweet Brook ................. *39 *38
Island).
Approximately 406 feet upstream of Ratan Av- None *45
enue.
Foresthill Road Brook Approximately 1,450 feet downstream of None *5
(Staten Island). Foresthill Road.
Approximately 3,070 feet upstream of Alaska None *74
place.
Hillside Avenue Wetland Entire shoreline within the community ............... None *56
(Staten Island).
Jacks Pond (Staten Is- Entire shoreline within the community ............... None *52
land).
Jansen Tributary (Staten Approximately 330 feet upstream of confluence *26 *25
Island). with Arbutus Creek.
Approximately 1,340 feet upstream of con- *37 *41
fluence with Arbutus Creek.
Lemon Creek (Staten Is- Approximately 40 feet upstream of Staten Is- *10 *17
land). land Rapid Transit Bridge.
Approximately 350 feet upstream of Rossville *102 *101
Avenue.
Mill Creek (Staten Island) Approximately 80 feet downstream of Rich- *10 *11
mond Valley Road.
Approximately 1,320 feet upstream of West None *77
Veterans Road.
Mill Creek Tributary 1 At the confluence with Mill Creek ...................... None *41
(Staten Island).
Approximately 230 feet from the downstream None *60
side of the West Shore Expressway.
Mill Creek Tributary 2 At the confluence with Mill Creek ...................... None *10
(Staten Island).
At the confluence with Mill Creek Tributary 3 ... None *13
Mill Creek Tributary 3 At the confluence with Mill Creek Tributary 2 ... None *13
(Staten Island).
Approximately 860 feet upstream of confluence None *22
with Mill Creek Tributary 2.
Richmond Creek (Staten Approximately 510 feet downstream of Rich- None *6
Island). mond Hill Road.
Approximately 0.86 mile upstream of Rockland None *254
Avenue.
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Sandy Brook (Staten Is- Approximately 190 feet upstream of Richmond *42 *39
land). Parkway.
Approximately 1,100 feet upstream of *85 *84
Bloomingdale Road.
Stump Pond (Staten Is- Entire shoreline within the community ............... None *271
land).
Sweet Brook (Staten Is- Approximately 3,200 feet downstream of Gen- *14 *12
land). esee Avenue.

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67836 Federal Register / Vol. 71, No. 226 / Friday, November 24, 2006 / Proposed Rules

CITY OF NEW YORK, NEW YORK—Continued


#Depth in feet
above ground.
*Elevation in feet
(NGVD)
State City/town/county Source of flooding Location +Elevation in feet
(NAVD)

Existing Modified

Approximately 1,050 feet upstream of Rich- *95 *99


mond Avenue/Drumgoogle Avenue.
Wolfes Pond (Staten Is- Approximately 1,175 feet upstream of Seguine *12 *10
land). Avenue.
Approximately 175 feet upstream of Hylan None *21
Boulevard.
Wood Duck Pond (Staten Entire shoreline within the community ............... None *54
Island).

* National Geodetic Vertical Datum.


# Depth in feet above ground.
+ North American Vertical Datum.
ADDRESSES
Maps are available for inspection at the New York City Planning Department, Waterfront and Open Space Division, 22 Reade Street, Room 6E,
New York, New York.
Send comments to The Honorable Michael Bloomberg, Mayor of the City of New York, New York City Hall, 52 Chambers Street, New York,
New York 10007.

(Catalog of Federal Domestic Assistance No. DATES: The comment period is ninety requirements of the NFIP and are also
83.100, ‘‘Flood Insurance.’’) (90) days following the second used to calculate the appropriate flood
Dated: November 13, 2006. publication of this proposed rule in a insurance premium rates for new
David I. Maurstad, newspaper of local circulation in each buildings built after these elevations are
Director, Mitigation Division, Federal community. made final, and for the contents in these
Emergency Management Agency, Department ADDRESSES: The proposed BFEs for each buildings.
of Homeland Security. National Environmental Policy Act.
community are available for inspection
[FR Doc. E6–19829 Filed 11–22–06; 8:45 am] This proposed rule is categorically
at the office of the Chief Executive
excluded from the requirements of 44
BILLING CODE 9110–12–P Officer of each community. The
CFR part 10, Environmental
respective addresses are listed in the
Consideration. No environmental
table below.
impact assessment has been prepared.
DEPARTMENT OF HOMELAND FOR FURTHER INFORMATION CONTACT: Regulatory Flexibility Act. As flood
SECURITY William R. Blanton, Jr., Engineering elevation determinations are not within
Management Section, Mitigation the scope of the Regulatory Flexibility
Federal Emergency Management Division, Federal Emergency Act, 5 U.S.C. 601–612, a regulatory
Agency Management Agency, 500 C Street, SW., flexibility analysis is not required.
Washington, DC 20472, (202) 646–3151. Regulatory Classification. This
44 CFR Part 67 SUPPLEMENTARY INFORMATION: The proposed rule is not a significant
Federal Emergency Management regulatory action under the criteria of
[Docket No. FEMA–B–7473] Agency, (FEMA) proposes to make section 3(f) of Executive Order 12866 of
determinations of BFEs and modified September 30, 1993, Regulatory
Proposed Flood Elevation
BFEs for each community listed below, Planning and Review, 58 FR 51735.
Determinations Executive Order 13132, Federalism.
in accordance with section 110 of the
AGENCY: Federal Emergency Flood Disaster Protection Act of 1973, This rule involves no policies that have
Management Agency, DHS. 42 U.S.C. 4104, and 44 CFR 67.4(a). federalism implications under Executive
ACTION: Proposed rule. These proposed BFEs and modified Order 13132.
BFEs, together with the floodplain Executive Order 12988, Civil Justice
SUMMARY: Technical information or management criteria required by 44 CFR Reform. This rule meets the applicable
comments are requested on the 60.3, are the minimum that are required. standards of Executive Order 12988.
proposed Base (1% annual chance) They should not be construed to mean List of Subjects in 44 CFR Part 67
Flood Elevations (BFEs) and proposed that the community must change any
BFEs modifications for the communities existing ordinances that are more Administrative practice and
listed below. The BFEs are the basis for stringent in their floodplain procedure, Flood insurance, Reporting
cprice-sewell on PROD1PC66 with PROPOSALS

the floodplain management measures management requirements. The and recordkeeping requirements.
that the community is required either to community may at any time enact Accordingly, 44 CFR part 67 is
adopt or to show evidence of being stricter requirements of its own, or proposed to be amended as follows:
already in effect in order to qualify or pursuant to policies established by other
PART 67—[AMENDED]
remain qualified for participation in the Federal, state or regional entities. These
National Flood Insurance Program proposed elevations are used to meet 1. The authority citation for part 67
(NFIP). the floodplain management continues to read as follows:

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