Final Flood Elevation Determinations, 68714-68719 [2010-28228]

Download as PDF 68714 Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 / Rules and Regulations Flooding source(s) * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground ∧ Elevation in meters (MSL) modified Location of referenced elevation Communities affected Huron County, Ohio, and Incorporated Areas Docket No.: FEMA–B–1080 East Branch Huron River .......... Norwalk Creek .......................... Approximately 50 feet downstream of Norfolk and Western Railroad. Approximately 0.5 mile downstream of West Main Street .. Approximately 50 feet downstream of West Main Street ... Just downstream of State Route 61 ................................... Just downstream of State Route 61 ................................... +666 +672 +674 +677 +677 Norwalk Creek .......................... Approximately 1,800 feet upstream of State Route 61 ...... Approximately 700 feet downstream of Southwest Street .. +680 +688 Approximately 400 feet downstream of East Elm Street .... Unincorporated Areas of Huron County. +709 Unincorporated Areas of Huron County. City of Norwalk, Unincorporated Areas of Huron County. * National Geodetic Vertical Datum + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Norwalk Maps are available for inspection at 38 Whittlesey Avenue, Norwalk, OH 44857. Unincorporated Areas of Huron County Maps are available for inspection at 8 Fair Road, Norwalk, OH 44857. (Catalog of Federal Domestic Assistance No. 97.022, ‘‘Flood Insurance.’’) Dated: October 29, 2010. Sandra K. Knight, Deputy Federal Insurance and Mitigation Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency. BILLING CODE 9110–12–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket ID FEMA–2010–0003] Final Flood Elevation Determinations Federal Emergency Management Agency, DHS. ACTION: Final rule. wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 AGENCY: Base (1% annual-chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being VerDate Mar<15>2010 14:45 Nov 08, 2010 Jkt 223001 The date of issuance of the Flood Insurance Rate Map (FIRM) showing BFEs and modified BFEs for each community. This date may be obtained by contacting the office where the maps are available for inspection as indicated in the table below. ADDRESSES: The final 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: Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646–3461, or (e-mail) roy.e.wright@dhs.gov. DATES: [FR Doc. 2010–28227 Filed 11–8–10; 8:45 am] SUMMARY: already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). The Federal Emergency Management Agency (FEMA) makes the final determinations listed below for the modified BFEs for each community listed. These modified elevations have been published in newspapers of local circulation and ninety (90) days have elapsed since that SUPPLEMENTARY INFORMATION: PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 publication. The Deputy Federal Insurance and Mitigation Administrator has resolved any appeals resulting from this notification. This final rule is issued in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 67. FEMA has developed criteria for floodplain management in floodprone areas in accordance with 44 CFR part 60. Interested lessees and owners of real property are encouraged to review the proof Flood Insurance Study and FIRM available at the address cited below for each community. The BFEs and modified BFEs are made final in the communities listed below. Elevations at selected locations in each community are shown. National Environmental Policy Act. This final 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 final rule is not a significant regulatory action under the criteria of section 3(f) of E:\FR\FM\09NOR1.SGM 09NOR1 Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 / Rules and Regulations Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. Executive Order 13132, Federalism. This final rule involves no policies that have federalism implications under Executive Order 13132. Executive Order 12988, Civil Justice Reform. This final rule meets the applicable standards of Executive Order 12988. Flooding source(s) List of Subjects in 44 CFR Part 67 Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements. ■ Accordingly, 44 CFR part 67 is amended as follows: 68715 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. § 67.11 [Amended] 2. The tables published under the authority of § 67.11 are amended as follows: ■ PART 67—[AMENDED] 1. The authority citation for part 67 continues to read as follows: ■ * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground ∧ Elevation in meters (MSL) modified Location of referenced elevation Communities affected Baxter County, Arkansas, and Incorporated Areas Docket No.: FEMA–B–1064 North Fork River ....................... At the confluence with the White River ............................... +398 Tributary 1 to Dodd Creek ........ Just downstream of State Highway 177 ............................. At the confluence with Dodd Creek .................................... Approximately 505 feet upstream of Burnett Drive ............. +398 +785 +834 City of Norfork, City of Salesville, Unincorporated Areas of Baxter County. City of Mountain Home. * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Mountain Home Maps are available for inspection at 720 South Hickory Street, Mountain Home, AR 72653. City of Norfork Maps are available for inspection at 49 City Hall Circle, Norfork, AR 72653. City of Salesville Maps are available for inspection at 46 Salesville Circle, Salesville, AR 72653. Unincorporated Areas of Baxter County Maps are available for inspection at the Baxter County Courthouse, 1 East 7th Street, Mountain Home, AR 72653. Clare County, Michigan (All Jurisdictions) Docket No.: FEMA–B–1069 Budd Lake ................................. Entire shoreline ................................................................... +1114 Doc and Tom Lake ................... Eight Point Lake ....................... Grass Lake ............................... Lake Shamrock ......................... Entire Entire Entire Entire ................................................................... ................................................................... ................................................................... ................................................................... +1067 +1053 +1081 +826 Surrey Lake .............................. Entire shoreline ................................................................... +958 shoreline shoreline shoreline shoreline * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 ADDRESSES City of Clare Maps are available for inspection City of Harrison Maps are available for inspection Township of Freeman Maps are available for inspection Township of Garfield Maps are available for inspection Township of Grant Maps are available for inspection Township of Hayes VerDate Mar<15>2010 14:45 Nov 08, 2010 at 202 West 5th Street, Clare, MI 48617. at 229 East Beech Street, Harrison, MI 48625. at 7280 West Mannsiding Road, Lake, MI 48632. at 9348 Terry Street, Lake, MI 48632. at 3022 Surrey Road, Clare, MI 48617. Jkt 223001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\09NOR1.SGM 09NOR1 City of Harrison, Township of Hayes. Township of Freeman. Township of Garfield. Township of Freeman. City of Clare, Township of Grant. Township of Surrey. 68716 Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 / Rules and Regulations Flooding source(s) * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground ∧ Elevation in meters (MSL) modified Location of referenced elevation Communities affected Maps are available for inspection at 2051 East Townline Lake Road, Harrison, MI 48625. Township of Surrey Maps are available for inspection at 110 East Michigan Street, Farwell, MI 48622. San Miguel County, New Mexico, and Incorporated Areas Docket No.: FEMA–B–1069 Arroyo Hermanos ...................... Arroyo Pecos ............................ Gallinas Creek .......................... +6448 +6493 +6415 +6476 +6381 Just upstream of Las Vegas Boulevard .............................. Just upstream of I–25 ......................................................... +6458 +6381 Approximately 0.4 mile downstream of El Camino Road ... Arroyo Pajarito .......................... At the confluence with Gallinas Creek ................................ Just downstream of Lopez Street ....................................... At the confluence with Gallinas Creek ................................ Just downstream of Salazar Street ..................................... Approximately 0.8 mile downstream of East Frontage Road. City of Las Vegas. +6515 City of Las Vegas. City of Las Vegas, Unincorporated Areas of San Miguel County. City of Las Vegas, Unincorporated Areas of San Miguel County. * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Las Vegas Maps are available for inspection at the San Miguel County Office of Planning and Zoning, 500 West National Avenue, 3rd Floor, Las Vegas, NM 87701. Unincorporated Areas of San Miguel County Maps are available for inspection at the San Miguel County Assessor’s Office, 500 West National Avenue, Suite 105, Las Vegas, NM 87701. Cuyahoga County, Ohio, and Incorporated Areas Docket No.: FEMA–B–1053 Anthony Lake Tributary ............ Big Creek .................................. Chagrin River ............................ Chagrin River ............................ Countrymans Creek .................. Cuyahoga River ........................ Doan Brook ............................... Dover Ditch ............................... Gifford-Avon Ditch .................... wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 Lake Erie ................................... Mill Creek .................................. Approximately 425 feet downstream of Anthony Lane ....... +897 Approximately 140 feet upstream of Anthony Lane ........... Approximately 300 feet downstream of Ridge Road .......... Approximately 1,100 feet upstream of Ridge Road ............ Approximately 0.5 mile upstream of Rogers Road ............. Approximately 40 feet upstream of Woodland Road .......... Approximately 1,200 feet upstream of Woodland Road ..... Approximately 850 feet downstream of Miles Road ........... Approximately 1,200 feet upstream of Miles Road ............. Upstream of I–71 ................................................................. Downstream of Bellaire Road ............................................. Approximately 40 feet upstream of Brecksville Road ......... Approximately 700 feet upstream of Brecksville Road ....... Approximately 160 feet upstream of Martin Luther King Jr. Drive. Approximately 130 feet upstream of West Woodland Road Approximately 150 feet downstream of Harding Drive ....... Approximately 100 feet upstream of Naigle Road .............. Approximately 0.5 mile upstream of Naigle Road .............. Entire shoreline within the Cities of Bay Village, Cleveland, and Lakewood. +902 +679 +695 +683 +786 +789 +851 +860 +721 +727 +605 +607 +777 +915 +724 +629 +629 +576 Plum Creek ............................... Approximately 30 feet downstream of McCracken Road ... Approximately 390 feet upstream of McCracken Road ...... Mouth at West Branch Rocky River .................................... +841 +841 +710 Rocky River .............................. Approximately 70 feet downstream of Sprague Road ........ Approximately 1,100 feet upstream of Detroit Road .......... +780 +580 Approximately 3,500 feet upstream of River Road ............. +606 VerDate Mar<15>2010 14:45 Nov 08, 2010 Jkt 223001 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\09NOR1.SGM 09NOR1 City of Parma, City of Parma Heights. City of Brooklyn. Village of Mayfield. Village of Moreland Hills. Village of Lindale. City of Garfield Heights. City of Cleveland Heights. City of North Olmsted. City of Westlake. City of Bay Village, City of Cleveland, City of Lakewood. City of Maple Heights. City of Olmsted Falls, Unincorporated Areas of Cuyahoga County. City of Cleveland, City of Rocky River. Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 / Rules and Regulations * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground ∧ Elevation in meters (MSL) modified Flooding source(s) Location of referenced elevation Tinkers Creek Tributary 1 ......... West Branch Rocky River ........ Approximately 0.3 mile upstream of Walton Road ............. Approximately 1.1 mile downstream of Water Street ......... +930 +682 At Sprague Road ................................................................. 68717 Communities affected +753 City of Bedford. City of Olmsted Falls, Unincorporated Areas of Cuyahoga County. * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Bay Village Maps are available for inspection City of Bedford Maps are available for inspection City of Brooklyn Maps are available for inspection City of Cleveland Maps are available for inspection City of Cleveland Heights Maps are available for inspection City of Garfield Heights Maps are available for inspection City of Lakewood Maps are available for inspection City of Maple Heights Maps are available for inspection City of North Olmsted Maps are available for inspection City of Olmsted Falls Maps are available for inspection City of Parma Maps are available for inspection City of Parma Heights Maps are available for inspection City of Rocky River Maps are available for inspection City of Westlake Maps are available for inspection at 350 Dover Center Road, Bay Village, OH 44140. at 165 Center Road, Bedford, OH 44146. at 7619 Memphis Avenue, Brooklyn, OH 44144. at 601 Lakeside Avenue, Cleveland, OH 44144. at 40 Severance Circle, Cleveland Heights, OH 44118. at 5407 Turney Road, Garfield Heights, OH 44125. at 12650 Detroit Avenue, Lakewood, OH 44107. at 5353 Lee Road, Maple Heights, OH 44137. at 5200 Dover Center Road, North Olmsted, OH 44070. at 26100 Bagley Road, Olmsted Falls, OH 44138. at 6611 Ridge Road, Parma, OH 44129. at 6281 Pearl Road, Parma Heights, OH 44130. at 21012 Hillard Boulevard, Rocky River, OH 44116. at 27700 Hillard Boulevard, Westlake, OH 44145. Unincorporated Areas of Cuyahoga County Maps are available for inspection at 323 Lakeside Avenue, Suite 400, Cleveland, OH 44113. Village of Lindale Maps are available for inspection at 4016 West 119th Street, Lindale, OH 44135. Village of Mayfield Maps are available for inspection at 6622 Wilson Mills Road, Mayfield, OH 44143. Village of Moreland Hills Maps are available for inspection at 4350 S.O.M. Center Road, Moreland Hills, OH 44022. Kent County, Rhode Island (All Jurisdictions) Docket No.: FEMA–B–1078 wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 Maskerchugg River ................... North Branch Pawtuxet River (Upper Reach). Approximately 750 feet downstream of State Route 1A (Boston Post Road). Approximately 45 feet upstream of Division Street ............ Approximately 530 feet downstream of State Route 116 (located in Providence County). Approximately 240 feet downstream of State Route 116 (located in Providence County). +15 +75 +183 +185 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. VerDate Mar<15>2010 14:45 Nov 08, 2010 Jkt 223001 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 E:\FR\FM\09NOR1.SGM 09NOR1 City of Warwick, Town of East Greenwich. Town of Coventry. 68718 Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 / Rules and Regulations Flooding source(s) * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground ∧ Elevation in meters (MSL) modified Location of referenced elevation Communities affected ADDRESSES City of Warwick Maps are available for inspection at the City Hall-Annex Building, Planning Department, 3275 Post Road, 2nd Floor, Warwick, RI 02886. Town of Coventry Maps are available for inspection at the Public Works Department, 1688 Flat River Road, Coventry, RI 02816. Town of East Greenwich Maps are available for inspection at the Department of Public Works, 111 Pierce Street, East Greenwich, RI 02818. Cannon County, Tennessee, and Incorporated Areas Docket No.: FEMA–B–1065 East Fork Stones River ............ Approximately 80 feet downstream of the confluence with Lehman Branch. Approximately 40 feet upstream of Doolittle Road ............. +690 Unincorporated Areas of Cannon County. +706 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES Unincorporated Areas of Cannon County Maps are available for inspection at 1 Courthouse Square, Woodbury, TN 37190. Gonzales County, Texas, and Incorporated Areas Docket No.: FEMA–B–1069 Baldridge Creek ........................ Approximately 1 mile downstream of State Highway 97 .... +350 Guadalupe River ....................... Approximately 1,400 feet upstream of U.S. Route 90 West At the confluence with Tinsley Creek ................................. +368 +278 Tinsley Creek ............................ Approximately 1.4 mile downstream of County Road 466 Approximately 530 feet upstream of Weimer Street ........... Just upstream of Sarah DeWitt Drive ................................. +286 +294 +303 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 ADDRESSES City of Gonzales Maps are available for inspection at P.O. Box 547, Gonzales, TX 78629. Unincorporated Areas of Gonzales County Maps are available for inspection at 414 Saint Joseph Street, Gonzales, TX 78629. VerDate Mar<15>2010 14:45 Nov 08, 2010 Jkt 223001 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 E:\FR\FM\09NOR1.SGM 09NOR1 Unincorporated Areas of Gonzales County. City of Gonzales, Unincorporated Areas of Gonzales County. City of Gonzales. Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 / Rules and Regulations (Catalog of Federal Domestic Assistance No. 97.022, ‘‘Flood Insurance.’’) Dated: October 29, 2010. Sandra K. Knight, Deputy Federal Insurance and Mitigation Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2010–28228 Filed 11–8–10; 8:45 am] Background BILLING CODE 9110–12–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS–R4–ES–2010–0079; 92220–1113–0000–C3] RIN 1018–AX27 Endangered and Threatened Wildlife and Plants; Emergency Rule To Establish a Manatee Refuge in Kings Bay, Citrus County, FL Fish and Wildlife Service, Interior. ACTION: Emergency rule. AGENCY: This emergency rule establishes a manatee refuge in Citrus County, Florida, in the waters of Kings Bay, including its tributaries and connected waters because we, the U.S. Fish and Wildlife Service (Service), have determined that there is substantial evidence that there is imminent danger of a taking of one or more manatees (Trichechus manatus) in these waters. This emergency action is effective for 120 days. We will initiate the rulemaking process to establish a permanent manatee refuge in this area, including holding the first of several public meetings, within 10 days of the publication of this rule. DATES: This action will be effective from November 15, 2010 through March 15, 2011, and the effective date for this action was also issued through a legal notice published in the Citrus County Chronicle on November 9, 2010, in accordance with 50 CFR 17.106. The dates for the public meetings are listed under the Public Participation section of this rule. ADDRESSES: The complete file for this rule is available for inspection, by appointment, during normal business hours at North Florida Ecological Services Field Office, U.S. Fish and Wildlife Service, 7915 Baymeadows Way, Suite 200, Jacksonville, Florida 32256. Supplementary documents may be obtained via the Internet at https:// www.regulations.gov in Docket No. FWS–R4–ES–2010–0079. The addresses wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 SUMMARY: VerDate Mar<15>2010 14:45 Nov 08, 2010 Jkt 223001 for the public meetings are listed under the Public Participation section of this rule. FOR FURTHER INFORMATION CONTACT: Jim Valade, Florida Manatee Recovery Lead, (see ADDRESSES section), telephone 904/ 731–3336. SUPPLEMENTARY INFORMATION: The Crystal River is a tidal river on the west coast of Florida. Forming the headwaters of Crystal River is Kings Bay, a lake-like waterbody fed by numerous fresh-water springs. The Kings Bay springs constitute one of the most important natural warm-water refuges for manatees. The West Indian manatee (Trichechus manatus) is federally listed as an endangered species under the Endangered Species Act of 1973, as amended (ESA) (16 U.S.C. 1531 et seq.) and the population is further protected as a depleted stock under the Marine Mammal Protection Act of 1972, as amended (MMPA) (16 U.S.C. 1361 et seq.). The West Indian manatee includes two subspecies: The Florida manatee (Trichechus manatus latirostris) and the Antillean manatee (Trichechus manatus manatus). The Florida manatee’s range includes Kings Bay. Kings Bay is actively used by a growing population of manatees that now numbers in the hundreds of individuals (reaching 565 individuals in 2010) (Kleen 2010, pers. com.). Manatees primarily use the area in Kings Bay as a wintering site, relying on the bay’s natural springs and adjacent forage areas for warmth and sustenance. When Gulf of Mexico water temperatures drop to about 68 °F (20 °C), manatees looking for warmer water will begin showing up regularly in Kings Bay around November 15 and tend to stay until about March 31; this is the identified ‘‘manatee season’’ when local manatee sanctuaries are in effect. Occasionally, manatees will appear in the region earlier with the advent of an early winter and may remain in the region longer, following severe or extended winters. When the weather begins to warm around the end of March, manatees generally move away from the springs and Kings Bay, traveling to summer foraging areas along Florida’s west coast. Over the last 30 years (1980–2010), the Service and the State of Florida have created a network of manatee protection areas within the Kings Bay area. During the manatee season, this network includes seven Federal manatee sanctuaries (which are described in our regulations at 50 CFR 17.108(a)(1)– PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 68719 (a)(7)) and five State manatee protection zones (as described in Chapter 68C–22, ‘‘The Florida Manatee Sanctuary Act’’ (2010)). This network of manatee protection areas is enforced by Service, State, and local law enforcement officers. Extensive outreach and education programs support the protection area network, encouraging the public who engage in manatee viewing activities to avoid harassing manatees. This network of existing manatee protection areas was designed to prevent the take of manatees caused by waterborne activities, including but not limited to, boating and manatee viewing activities. It was established to allow manatees to continue to gain access to critical warm-water areas and important resting and foraging areas. Take, as defined by section 3(19) of the ESA, means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, collect, or to attempt to engage in any such conduct. ‘‘Harm’’ is further defined by regulation at 50 CFR 17.3 to mean an act which actually kills or injures wildlife. ‘‘Harass’’ is also defined by regulation to mean any intentional or negligent act or omission which creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns, which include, but are not limited to, breeding, feeding, or sheltering (50 CFR 17.3). Take, as defined by section 3(13) of the MMPA, means to harass, hunt, capture, or kill, or attempt to harass, hunt, capture, or kill any marine mammal. Under section 3(18) of the MMPA, harassment is defined to include any act of pursuit, torment, or annoyance, which (i) has the potential to injure a marine mammal or marine mammal stock in the wild; or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering. All takings, including takings by harassment, are prohibited. The Service can minimize take through the designation of manatee protection areas in the form of either a manatee refuge or a manatee sanctuary. Regulations authorizing designation of manatee refuges and sanctuaries in areas where prohibitions or restrictions on certain waterborne activities are needed to prevent the take of manatees are codified in 50 CFR 17 subpart J. A manatee refuge is defined as an area in which the Director has determined that: (1) Certain waterborne activities will take one or more manatees; or (2) certain waterborne activities must be restricted E:\FR\FM\09NOR1.SGM 09NOR1

Agencies

[Federal Register Volume 75, Number 216 (Tuesday, November 9, 2010)]
[Rules and Regulations]
[Pages 68714-68719]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-28228]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2010-0003]


Final Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: Base (1% annual-chance) Flood Elevations (BFEs) and modified 
BFEs are made final for the communities listed below. The BFEs and 
modified BFEs are the basis for the floodplain management measures that 
each 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 date of issuance of the Flood Insurance Rate Map (FIRM) 
showing BFEs and modified BFEs for each community. This date may be 
obtained by contacting the office where the maps are available for 
inspection as indicated in the table below.

ADDRESSES: The final 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: Roy E. Wright, Deputy Director, Risk 
Analysis Division, Federal Insurance and Mitigation Administration, 
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 
20472, (202) 646-3461, or (e-mail) roy.e.wright@dhs.gov.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency 
(FEMA) makes the final determinations listed below for the modified 
BFEs for each community listed. These modified elevations have been 
published in newspapers of local circulation and ninety (90) days have 
elapsed since that publication. The Deputy Federal Insurance and 
Mitigation Administrator has resolved any appeals resulting from this 
notification.
    This final rule is issued in accordance with section 110 of the 
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 
67. FEMA has developed criteria for floodplain management in floodprone 
areas in accordance with 44 CFR part 60.
    Interested lessees and owners of real property are encouraged to 
review the proof Flood Insurance Study and FIRM available at the 
address cited below for each community. The BFEs and modified BFEs are 
made final in the communities listed below. Elevations at selected 
locations in each community are shown.
    National Environmental Policy Act. This final 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 final rule is not a significant 
regulatory action under the criteria of section 3(f) of

[[Page 68715]]

Executive Order 12866 of September 30, 1993, Regulatory Planning and 
Review, 58 FR 51735.
    Executive Order 13132, Federalism. This final rule involves no 
policies that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This final 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.

0
Accordingly, 44 CFR part 67 is amended as follows:

PART 67--[AMENDED]

0
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.

Sec.  67.11  [Amended]

0
2. The tables published under the authority of Sec.  67.11 are amended 
as follows:

----------------------------------------------------------------------------------------------------------------
                                                                      * Elevation in
                                                                      feet (NGVD) +
                                                                    Elevation in feet
                                                                     (NAVD) 
           Flooding source(s)              Location of referenced     Depth in feet       Communities affected
                                                 elevation             above ground
                                                                    [caret] Elevation
                                                                     in meters (MSL)
                                                                         modified
----------------------------------------------------------------------------------------------------------------
                                 Baxter County, Arkansas, and Incorporated Areas
                                             Docket No.: FEMA-B-1064
----------------------------------------------------------------------------------------------------------------
North Fork River.......................  At the confluence with                  +398  City of Norfork, City of
                                          the White River.                              Salesville,
                                                                                        Unincorporated Areas of
                                                                                        Baxter County.
                                         Just downstream of State                +398
                                          Highway 177.
Tributary 1 to Dodd Creek..............  At the confluence with                  +785  City of Mountain Home.
                                          Dodd Creek.
                                         Approximately 505 feet                  +834
                                          upstream of Burnett
                                          Drive.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
 
                                                    ADDRESSES
 
City of Mountain Home
Maps are available for inspection at 720 South Hickory Street, Mountain Home, AR 72653.
 
City of Norfork
Maps are available for inspection at 49 City Hall Circle, Norfork, AR 72653.
 
City of Salesville
Maps are available for inspection at 46 Salesville Circle, Salesville, AR 72653.
 
                                      Unincorporated Areas of Baxter County
Maps are available for inspection at the Baxter County Courthouse, 1 East 7th Street, Mountain Home, AR 72653.
----------------------------------------------------------------------------------------------------------------
                                   Clare County, Michigan (All Jurisdictions)
                                             Docket No.: FEMA-B-1069
----------------------------------------------------------------------------------------------------------------
Budd Lake..............................  Entire shoreline.........              +1114  City of Harrison,
                                                                                        Township of Hayes.
Doc and Tom Lake.......................  Entire shoreline.........              +1067  Township of Freeman.
Eight Point Lake.......................  Entire shoreline.........              +1053  Township of Garfield.
Grass Lake.............................  Entire shoreline.........              +1081  Township of Freeman.
Lake Shamrock..........................  Entire shoreline.........               +826  City of Clare, Township
                                                                                        of Grant.
Surrey Lake............................  Entire shoreline.........               +958  Township of Surrey.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
 
                                                    ADDRESSES
 
City of Clare
Maps are available for inspection at 202 West 5th Street, Clare, MI 48617.
 
City of Harrison
Maps are available for inspection at 229 East Beech Street, Harrison, MI 48625.
 
Township of Freeman
Maps are available for inspection at 7280 West Mannsiding Road, Lake, MI 48632.
 
Township of Garfield
Maps are available for inspection at 9348 Terry Street, Lake, MI 48632.
 
Township of Grant
Maps are available for inspection at 3022 Surrey Road, Clare, MI 48617.
 
Township of Hayes

[[Page 68716]]

 
Maps are available for inspection at 2051 East Townline Lake Road, Harrison, MI 48625.
 
Township of Surrey
Maps are available for inspection at 110 East Michigan Street, Farwell, MI 48622.
----------------------------------------------------------------------------------------------------------------
                              San Miguel County, New Mexico, and Incorporated Areas
                                             Docket No.: FEMA-B-1069
----------------------------------------------------------------------------------------------------------------
Arroyo Hermanos........................  At the confluence with                 +6448  City of Las Vegas.
                                          Gallinas Creek.
                                         Just downstream of Lopez               +6493
                                          Street.
Arroyo Pajarito........................  At the confluence with                 +6415  City of Las Vegas.
                                          Gallinas Creek.
                                         Just downstream of                     +6476
                                          Salazar Street.
Arroyo Pecos...........................  Approximately 0.8 mile                 +6381  City of Las Vegas,
                                          downstream of East                            Unincorporated Areas of
                                          Frontage Road.                                San Miguel County.
                                         Just upstream of Las                   +6458
                                          Vegas Boulevard.
Gallinas Creek.........................  Just upstream of I-25....              +6381  City of Las Vegas,
                                                                                        Unincorporated Areas of
                                                                                        San Miguel County.
                                         Approximately 0.4 mile                 +6515
                                          downstream of El Camino
                                          Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
 
                                                    ADDRESSES
 
City of Las Vegas
Maps are available for inspection at the San Miguel County Office of Planning and Zoning, 500 West National
 Avenue, 3rd Floor, Las Vegas, NM 87701.
 
                                    Unincorporated Areas of San Miguel County
Maps are available for inspection at the San Miguel County Assessor's Office, 500 West National Avenue, Suite
 105, Las Vegas, NM 87701.
----------------------------------------------------------------------------------------------------------------
                                  Cuyahoga County, Ohio, and Incorporated Areas
                                             Docket No.: FEMA-B-1053
----------------------------------------------------------------------------------------------------------------
Anthony Lake Tributary.................  Approximately 425 feet                  +897  City of Parma, City of
                                          downstream of Anthony                         Parma Heights.
                                          Lane.
                                         Approximately 140 feet                  +902
                                          upstream of Anthony Lane.
Big Creek..............................  Approximately 300 feet                  +679  City of Brooklyn.
                                          downstream of Ridge Road.
                                         Approximately 1,100 feet                +695
                                          upstream of Ridge Road.
Chagrin River..........................  Approximately 0.5 mile                  +683  Village of Mayfield.
                                          upstream of Rogers Road.
Chagrin River..........................  Approximately 40 feet                   +786  Village of Moreland
                                          upstream of Woodland                          Hills.
                                          Road.
                                         Approximately 1,200 feet                +789
                                          upstream of Woodland
                                          Road.
                                         Approximately 850 feet                  +851
                                          downstream of Miles Road.
                                         Approximately 1,200 feet                +860
                                          upstream of Miles Road.
Countrymans Creek......................  Upstream of I-71.........               +721  Village of Lindale.
                                         Downstream of Bellaire                  +727
                                          Road.
Cuyahoga River.........................  Approximately 40 feet                   +605  City of Garfield Heights.
                                          upstream of Brecksville
                                          Road.
                                         Approximately 700 feet                  +607
                                          upstream of Brecksville
                                          Road.
Doan Brook.............................  Approximately 160 feet                  +777  City of Cleveland
                                          upstream of Martin                            Heights.
                                          Luther King Jr. Drive.
                                         Approximately 130 feet                  +915
                                          upstream of West
                                          Woodland Road.
Dover Ditch............................  Approximately 150 feet                  +724  City of North Olmsted.
                                          downstream of Harding
                                          Drive.
Gifford-Avon Ditch.....................  Approximately 100 feet                  +629  City of Westlake.
                                          upstream of Naigle Road.
                                         Approximately 0.5 mile                  +629
                                          upstream of Naigle Road.
Lake Erie..............................  Entire shoreline within                 +576  City of Bay Village, City
                                          the Cities of Bay                             of Cleveland, City of
                                          Village, Cleveland, and                       Lakewood.
                                          Lakewood.
Mill Creek.............................  Approximately 30 feet                   +841  City of Maple Heights.
                                          downstream of McCracken
                                          Road.
                                         Approximately 390 feet                  +841
                                          upstream of McCracken
                                          Road.
Plum Creek.............................  Mouth at West Branch                    +710  City of Olmsted Falls,
                                          Rocky River.                                  Unincorporated Areas of
                                                                                        Cuyahoga County.
                                         Approximately 70 feet                   +780
                                          downstream of Sprague
                                          Road.
Rocky River............................  Approximately 1,100 feet                +580  City of Cleveland, City
                                          upstream of Detroit Road.                     of Rocky River.
                                         Approximately 3,500 feet                +606
                                          upstream of River Road.

[[Page 68717]]

 
Tinkers Creek Tributary 1..............  Approximately 0.3 mile                  +930  City of Bedford.
                                          upstream of Walton Road.
West Branch Rocky River................  Approximately 1.1 mile                  +682  City of Olmsted Falls,
                                          downstream of Water                           Unincorporated Areas of
                                          Street.                                       Cuyahoga County.
                                         At Sprague Road..........               +753
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
 
                                                    ADDRESSES
 
City of Bay Village
Maps are available for inspection at 350 Dover Center Road, Bay Village, OH 44140.
 
City of Bedford
Maps are available for inspection at 165 Center Road, Bedford, OH 44146.
 
City of Brooklyn
Maps are available for inspection at 7619 Memphis Avenue, Brooklyn, OH 44144.
 
City of Cleveland
Maps are available for inspection at 601 Lakeside Avenue, Cleveland, OH 44144.
 
City of Cleveland Heights
Maps are available for inspection at 40 Severance Circle, Cleveland Heights, OH 44118.
 
City of Garfield Heights
Maps are available for inspection at 5407 Turney Road, Garfield Heights, OH 44125.
 
City of Lakewood
Maps are available for inspection at 12650 Detroit Avenue, Lakewood, OH 44107.
 
City of Maple Heights
Maps are available for inspection at 5353 Lee Road, Maple Heights, OH 44137.
 
City of North Olmsted
Maps are available for inspection at 5200 Dover Center Road, North Olmsted, OH 44070.
 
City of Olmsted Falls
Maps are available for inspection at 26100 Bagley Road, Olmsted Falls, OH 44138.
 
City of Parma
Maps are available for inspection at 6611 Ridge Road, Parma, OH 44129.
 
City of Parma Heights
Maps are available for inspection at 6281 Pearl Road, Parma Heights, OH 44130.
 
City of Rocky River
Maps are available for inspection at 21012 Hillard Boulevard, Rocky River, OH 44116.
 
City of Westlake
Maps are available for inspection at 27700 Hillard Boulevard, Westlake, OH 44145.
 
                                     Unincorporated Areas of Cuyahoga County
Maps are available for inspection at 323 Lakeside Avenue, Suite 400, Cleveland, OH 44113.
 
Village of Lindale
Maps are available for inspection at 4016 West 119th Street, Lindale, OH 44135.
 
Village of Mayfield
Maps are available for inspection at 6622 Wilson Mills Road, Mayfield, OH 44143.
 
Village of Moreland Hills
Maps are available for inspection at 4350 S.O.M. Center Road, Moreland Hills, OH 44022.
----------------------------------------------------------------------------------------------------------------
                                  Kent County, Rhode Island (All Jurisdictions)
                                             Docket No.: FEMA-B-1078
----------------------------------------------------------------------------------------------------------------
Maskerchugg River......................  Approximately 750 feet                   +15  City of Warwick, Town of
                                          downstream of State                           East Greenwich.
                                          Route 1A (Boston Post
                                          Road).
                                         Approximately 45 feet                    +75
                                          upstream of Division
                                          Street.
North Branch Pawtuxet River (Upper       Approximately 530 feet                  +183  Town of Coventry.
 Reach).                                  downstream of State
                                          Route 116 (located in
                                          Providence County).
                                         Approximately 240 feet                  +185
                                          downstream of State
                                          Route 116 (located in
                                          Providence County).
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
 

[[Page 68718]]

 
                                                    ADDRESSES
 
City of Warwick
Maps are available for inspection at the City Hall-Annex Building, Planning Department, 3275 Post Road, 2nd
 Floor, Warwick, RI 02886.
 
Town of Coventry
Maps are available for inspection at the Public Works Department, 1688 Flat River Road, Coventry, RI 02816.
 
Town of East Greenwich
Maps are available for inspection at the Department of Public Works, 111 Pierce Street, East Greenwich, RI
 02818.
----------------------------------------------------------------------------------------------------------------
                                Cannon County, Tennessee, and Incorporated Areas
                                             Docket No.: FEMA-B-1065
----------------------------------------------------------------------------------------------------------------
East Fork Stones River.................  Approximately 80 feet                   +690  Unincorporated Areas of
                                          downstream of the                             Cannon County.
                                          confluence with Lehman
                                          Branch.
                                         Approximately 40 feet                   +706
                                          upstream of Doolittle
                                          Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
 
                                                    ADDRESSES
 
                                      Unincorporated Areas of Cannon County
Maps are available for inspection at 1 Courthouse Square, Woodbury, TN 37190.
----------------------------------------------------------------------------------------------------------------
                                 Gonzales County, Texas, and Incorporated Areas
                                             Docket No.: FEMA-B-1069
----------------------------------------------------------------------------------------------------------------
Baldridge Creek........................  Approximately 1 mile                    +350  Unincorporated Areas of
                                          downstream of State                           Gonzales County.
                                          Highway 97.
                                         Approximately 1,400 feet                +368
                                          upstream of U.S. Route
                                          90 West.
Guadalupe River........................  At the confluence with                  +278  City of Gonzales,
                                          Tinsley Creek.                                Unincorporated Areas of
                                                                                        Gonzales County.
                                         Approximately 1.4 mile                  +286
                                          downstream of County
                                          Road 466.
Tinsley Creek..........................  Approximately 530 feet                  +294  City of Gonzales.
                                          upstream of Weimer
                                          Street.
                                         Just upstream of Sarah                  +303
                                          DeWitt Drive.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
 
                                                    ADDRESSES
 
City of Gonzales
Maps are available for inspection at P.O. Box 547, Gonzales, TX 78629.
 
                                     Unincorporated Areas of Gonzales County
Maps are available for inspection at 414 Saint Joseph Street, Gonzales, TX 78629.
----------------------------------------------------------------------------------------------------------------


[[Page 68719]]

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')

    Dated: October 29, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation, 
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2010-28228 Filed 11-8-10; 8:45 am]
BILLING CODE 9110-12-P
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