Proposed Flood Elevation Determinations, 3590-3595 [2011-1061]

Download as PDF 3590 Federal Register / Vol. 76, No. 13 / Thursday, January 20, 2011 / Proposed Rules standards (e.g., material specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus standards bodies. NTTAA directs us to provide Congress, through OMB, explanations when we decide not to use available and applicable voluntary consensus standards. This action does not involve any new technical standards or the incorporation by reference of existing technical standards. Therefore, the consideration of voluntary consensus standards is not relevant to this action. DEPARTMENT OF HOMELAND SECURITY J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations SUMMARY: Executive Order 12898 (59 FR 7629, February 16, 1994) establishes federal executive policy on environmental justice. Its main provision directs federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. EPA lacks the discretionary authority to address environmental justice in this proposed rulemaking. New source performance standards are technologybased standards intended to promote use of the best air pollution control technologies, taking into account the cost of such technology and any other non-air quality, health, and environmental impact and energy requirements at a broad national level. List of Subjects in 40 CFR Part 60 Environmental protection, Administrative practice and procedure, Air pollution control, Intergovernmental relations, Reporting and recordkeeping requirements. emcdonald on DSK2BSOYB1PROD with PROPOSALS Dated: January 7, 2011. Lisa P. Jackson, Administrator. [FR Doc. 2011–1009 Filed 1–19–11; 8:45 am] BILLING CODE 6560–50–P VerDate Mar<15>2010 18:20 Jan 19, 2011 Jkt 223001 Federal Emergency Management Agency 44 CFR Part 67 [Docket ID FEMA–2011–0002; Internal Agency Docket No. FEMA–B–1171] Proposed Flood Elevation Determinations Federal Emergency Management Agency, DHS. ACTION: Proposed rule. AGENCY: Comments are requested on the proposed Base (1% annual-chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed in the table below. The purpose of this notice is to seek general information and comment regarding the proposed regulatory flood elevations for the reach described by the downstream and upstream locations in the table below. The BFEs and modified BFEs are a part of the floodplain management measures that the community is required either to adopt or to show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). In addition, these elevations, once finalized, will be used by insurance agents and others to calculate appropriate flood insurance premium rates for new buildings and the contents in those buildings. DATES: Comments are to be submitted on or before April 20, 2011. ADDRESSES: The corresponding preliminary Flood Insurance Rate Map (FIRM) for the proposed BFEs for each community is available for inspection at the community’s map repository. The respective addresses are listed in the table below. You may submit comments, identified by Docket No. FEMA–B–1171, to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646–4064, or (e-mail) luis.rodriguez1@dhs.gov. FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646–4064, or (e-mail) luis.rodriguez1@dhs.gov. SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency PO 00000 Frm 00051 Fmt 4702 Sfmt 4702 (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 also are used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in those buildings. Comments on any aspect of the Flood Insurance Study and FIRM, other than the proposed BFEs, will be considered. A letter acknowledging receipt of any comments will not be sent. 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. Executive Order 12866, Regulatory Planning and Review. This proposed rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866, as amended. 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: E:\FR\FM\20JAP1.SGM 20JAP1 3591 Federal Register / Vol. 76, No. 13 / Thursday, January 20, 2011 / Proposed Rules 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. State City/town/county § 67.4 [Amended] 2. The tables published under the authority of § 67.4 are proposed to be amended as follows: Source of flooding Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground ∧ Elevation in meters (MSL) Location ** Existing Modified Unincorporated Areas of Hoke County, North Carolina North Carolina .......... Unincorporated Areas of Hoke County. ................................... Lumber River ............ At the Robeson and Scotland County boundary. +205 +203 ................................... Approximately 0.5 mile upstream of the Quewhiffle Creek confluence. +256 +257 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Hoke County Maps are available for inspection at the Hoke County Planning Office, 423 East Central Avenue, Raeford, NC 28376. Unincorporated Areas of Robeson County, North Carolina North Carolina .......... Unincorporated Areas of Robeson County. ................................... Lumber River ............ Approximately 1.2 miles upstream of the Scotland County boundary. +190 +191 ................................... At the Hoke and Scotland County boundary. +205 +203 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Robeson County Maps are available for inspection at the Robeson County Department of Building Safety and Code Enforcement, 415 Country Club Drive, Lumberton, NC 28360. Unincorporated Areas of Nowata County, Oklahoma emcdonald on DSK2BSOYB1PROD with PROPOSALS Oklahoma ................. Unincorporated Areas of Nowata County. ................................... Southwest Tributary At the downstream side of E0230 Road .... None +687 ................................... Approximately 0.4 mile upstream of E0230 Road. None +696 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. VerDate Mar<15>2010 18:20 Jan 19, 2011 Jkt 223001 PO 00000 Frm 00052 Fmt 4702 Sfmt 4702 E:\FR\FM\20JAP1.SGM 20JAP1 3592 Federal Register / Vol. 76, No. 13 / Thursday, January 20, 2011 / Proposed Rules State City/town/county Source of flooding Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground ∧ Elevation in meters (MSL) Location ** Existing Modified Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Nowata County Maps are available for inspection at the Nowata County Office, 2219 North Maple Street, Nowata, OK 74048 *Elevation in feet (NGVD) +Elevation in feet (NAVD) #Depth in feet above ground ∧Elevation in meters (MSL) Location of referenced elevation ** Flooding Source(s) Effective Communities affected Modified Sebastian County, Arkansas, and Incorporated Areas Massard Creek ...................... No Name Creek ..................... No Name Creek ..................... Tributary ................................. emcdonald on DSK2BSOYB1PROD with PROPOSALS Spivey Creek ......................... +407 +406 Approximately 720 feet upstream of State Highway 255 (Zero Street). Approximately 200 feet downstream of South 28th Street. Approximately 1.05 miles upstream of Jenny Lind Road. Approximately 0.33 mile upstream of the Sunnymede Creek confluence. Approximately 185 feet downstream of the No Name Creek Tributary confluence. At the No Name Creek confluence .............................. Approximately 970 feet upstream of South 46th Street. At the Massard Creek confluence ............................... None +420 +478 +477 None +521 +408 +409 +455 +456 +457 None +456 +518 City of Fort Smith. +414 +411 City of Fort Smith, Unincorporated Areas of Sebastian County. Approximately 0.44 mile upstream of Industrial Drive Mill Creek ............................... Approximately 155 feet upstream of Rogers Avenue .. City of Fort Smith, Unincorporated Areas of Sebastian County. None +477 City of Fort Smith. City of Fort Smith. * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Fort Smith Maps are available for inspection at the Engineering Department, 623 Garrison Avenue, Suite 409, Fort Smith, AR 72901. Unincorporated Areas of Sebastian County Maps are available for inspection at the Sebastian County Courthouse, 35 South 6th Street, Fort Smith, AR 72901. El Dorado County, California, and Incorporated Areas Bijou Creek ............................ VerDate Mar<15>2010 22:01 Jan 19, 2011 Approximately 100 feet upstream of the Lake Tahoe confluence. Approximately 550 feet upstream of Pioneer Trail ...... Jkt 223001 PO 00000 Frm 00053 Fmt 4702 Sfmt 4702 +6,232 +6,234 +6,325 +6,347 E:\FR\FM\20JAP1.SGM 20JAP1 City of South Lake Tahoe. Federal Register / Vol. 76, No. 13 / Thursday, January 20, 2011 / Proposed Rules *Elevation in feet (NGVD) +Elevation in feet (NAVD) #Depth in feet above ground ∧Elevation in meters (MSL) Location of referenced elevation ** Flooding Source(s) Effective 3593 Communities affected Modified Trout Creek ............................ Approximately 1,750 feet upstream of the Lake Tahoe confluence. +6,235 +6,234 +6,252 +6,251 Upper Truckee River ............. Approximately 1,580 feet downstream of Martin Avenue. Approximately 1,400 feet downstream of Lake Tahoe Boulevard. +6,240 +6,241 Approximately 1.44 miles upstream of Lake Tahoe Boulevard. +6,250 City of South Lake Tahoe, Unincorporated Areas of El Dorado County. +6,251 City of South Lake Tahoe, Unincorporated Areas of El Dorado County. * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of South Lake Tahoe Maps are available for inspection at 1900 Lake Tahoe Boulevard, South Lake Tahoe, CA 96150. Unincorporated Areas of El Dorado County Maps are available for inspection at 2850 Fairlane Court, Placerville, CA 95667. Putnam County, Indiana, and Incorporated Areas Big Walnut Creek .................. Approximately 845 feet downstream of Oakalla Covered Bridge. Approximately 845 feet upstream of Houck Road (North County Road 25 East). None +656 None Unincorporated Areas of Putnam County. +692 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Putnam County Maps are available for inspection at the Putnam County Planning and Zoning Department, Annex Building, 209 West Liberty Street, Room 3, Greencastle, IN 46135. Clark County, Kentucky, and Incorporated Areas Boone Creek (backwater effects from Kentucky River). emcdonald on DSK2BSOYB1PROD with PROPOSALS Bull Run (backwater effects from Kentucky River). Cotton Creek (backwater effects from Kentucky River). Dumford Hollow (backwater effects from Kentucky River). Fourmile Creek (backwater effects from Kentucky River). VerDate Mar<15>2010 18:20 Jan 19, 2011 From the Kentucky River confluence to approximately 1.2 miles upstream of the Kentucky River confluence. From the Kentucky River confluence to approximately 0.8 mile upstream of the Kentucky River confluence. From the Upper Howard Creek confluence to approximately 0.6 mile upstream of the Upper Howard Creek confluence. From the Kentucky River Tributary 1 confluence to approximately 1,352 feet upstream of the Kentucky River Tributary 1 confluence. From the Kentucky River confluence to approximately 1.4 miles upstream of the Kentucky River confluence. Jkt 223001 PO 00000 Frm 00054 Fmt 4702 Sfmt 4702 None +590 Unincorporated Areas of Clark County. None +603 Unincorporated Areas of Clark County. None +602 Unincorporated Areas of Clark County. None +604 Unincorporated Areas of Clark County. None +597 Unincorporated Areas of Clark County. E:\FR\FM\20JAP1.SGM 20JAP1 3594 Federal Register / Vol. 76, No. 13 / Thursday, January 20, 2011 / Proposed Rules *Elevation in feet (NGVD) +Elevation in feet (NAVD) #Depth in feet above ground ∧Elevation in meters (MSL) Location of referenced elevation ** Flooding Source(s) Effective Indian Creek (backwater effects from Kentucky River). Communities affected Modified Kentucky River ...................... From the Kentucky River confluence to approximately 0.5 mile upstream of the Kentucky River confluence. From the Kentucky River confluence to approximately 0.5 mile upstream of the Kentucky River confluence. At the Boone Creek confluence ................................... Kentucky River Tributary 1 (backwater effects from Kentucky River). Lower Howard Creek ............. At the Red River confluence ........................................ From the Kentucky River confluence to approximately 0.5 mile upstream of the Kentucky River confluence. Approximately 3.4 miles upstream of Reservoir Lane None None +604 +604 +853 +852 Approximately 273 feet upstream of Colby Road ........ From the Kentucky River confluence to approximately 1 mile upstream of the Kentucky River confluence. +962 None +961 +592 From the Lower Howard Creek confluence to approximately 712 feet upstream of the Lower Howard Creek confluence. At the Kentucky River confluence ................................ +890 +891 Unincorporated Areas of Clark County. None +604 Unincorporated Areas of Clark County. Approximately 1.2 miles upstream of Irving Road ....... Approximately 317 feet upstream of the Hancock Creek confluence. None +873 +605 +870 Approximately 0.9 miles upstream of Pioneer Drive ... From the Strodes Creek confluence to approximately 1,554 feet upstream of the Strodes Creek confluence. From the Strodes Creek Tributary S1 confluence to approximately 540 feet upstream of the Strodes Creek Tributary S1 confluence. From the Strodes Creek confluence to approximately 1,385 feet upstream of the Strodes Creek confluence. From the Kentucky River confluence to approximately 0.8 mile upstream of the Kentucky River confluence. From the Kentucky River confluence to approximately 1.9 miles upstream of the Kentucky River confluence. From the Upper Howard Creek confluence to approximately 1,559 feet upstream of the Upper Howard Creek confluence. +953 +924 +952 +928 +927 +928 +921 +926 None +596 None +602 Unincorporated Areas of Clark County. None +602 Unincorporated Areas of Clark County. Jouett Creek (backwater effects from Kentucky River). Lower Howard Creek (backwater effects from Kentucky River). Lower Howard Creek Tributary H7 (backwater effects from Lower Howard Creek). Red River (overflow effects from Kentucky River). Strodes Creek ........................ Strodes Creek Tributary S1 ... Strodes Creek Tributary S2 (backwater effects from Strodes Creek). Strodes Creek Tributary S5 (backwater effects from Strodes Creek). Twomile Creek (backwater effects from Kentucky River). emcdonald on DSK2BSOYB1PROD with PROPOSALS Upper Howard Creek (backwater effects from Kentucky River). Upper Howard Creek Tributary 3 (backwater effects from Kentucky River). None +600 Unincorporated Areas of Clark County. None +591 Unincorporated Areas of Clark County. None +590 Unincorporated Areas of Clark County. Unincorporated Areas of Clark County. City of Winchester, Unincorporated Areas of Clark County. Unincorporated Areas of Clark County. City of Winchester, Unincorporated Areas of Clark County. City of Winchester, Unincorporated Areas of Clark County. City of Winchester, Unincorporated Areas of Clark County. City of Winchester, Unincorporated Areas of Clark County. Unincorporated Areas of Clark County. * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Winchester Maps are available for inspection at City Hall, 32 Wall Street, Winchester, KY 40392. Unincorporated Areas of Clark County. Maps are available for inspection at the Clark County Courthouse, 34 South Main Street, Winchester, KY 40391. Mercer County, Ohio, and Incorporated Areas Beaver Creek (Lower) ........... VerDate Mar<15>2010 18:20 Jan 19, 2011 Approximately 1,400 feet downstream of Meyer Road Jkt 223001 PO 00000 Frm 00055 Fmt 4702 Sfmt 4702 None E:\FR\FM\20JAP1.SGM +861 20JAP1 City of Celina. Federal Register / Vol. 76, No. 13 / Thursday, January 20, 2011 / Proposed Rules *Elevation in feet (NGVD) +Elevation in feet (NAVD) #Depth in feet above ground ∧Elevation in meters (MSL) Location of referenced elevation ** Flooding Source(s) Effective Grand Lake Saint Mary’s ....... Saint Mary’s River ................. Wabash River ........................ Communities affected Modified At the downstream side of the Grand Lake Dam ........ Approximately 850 feet downstream of State Route 219. None +872 +861 +873 At the downstream side of Casselia Montezuma Road. Entire shoreline within community ............................... At the Van Wert County boundary ............................... None +876 None None +872 +797 At the Auglaize County boundary ................................ Approximately 0.72 mile downstream of State Route 49. None None +814 +922 Approximately 0.88 mile upstream of North First Street. Beaver Creek (Upper) ........... 3595 None +928 Unincorporated Areas of Mercer County, Village of Montezuma. City of Celina. Unincorporated Areas of Mercer County, Village of Mendon, Village of Rockford. Unincorporated Areas of Mercer County, Village of Fort Recovery. * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Celina Maps are available for inspection at 426 West Market Street, Celina, OH 45822 Unincorporated Areas of Mercer County Maps are available for inspection at the Mercer County Central Service Building, 220 West Livingston Street, Room A201, Celina, OH 45822. Village of Fort Recovery Maps are available for inspection at 201 South Main Street, Fort Recovery, OH 45846. Village of Mendon Maps are available for inspection at 102 South Main Street, Mendon, OH 45862. Village of Montezuma Maps are available for inspection at 69 West Main Street, Montezuma, OH 45866. Village of Rockford Maps are available for inspection at 151 East Columbia Street, Rockford, OH 45882. (Catalog of Federal Domestic Assistance No. 97.022, ‘‘Flood Insurance.’’) Dated: January 11, 2011. Edward L. Connor, Acting Federal Insurance and Mitigation Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2011–1061 Filed 1–19–11; 8:45 am] DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket ID FEMA–2008–0020; Internal Agency Docket No. FEMA–B–1060] emcdonald on DSK2BSOYB1PROD with PROPOSALS BILLING CODE 9110–12–P Proposed Flood Elevation Determinations for Cumberland County, ME (All Jurisdictions) Federal Emergency Management Agency, DHS. AGENCY: Notice of proposed rulemaking; withdrawal. ACTION: VerDate Mar<15>2010 18:20 Jan 19, 2011 Jkt 223001 PO 00000 Frm 00056 Fmt 4702 Sfmt 4702 The Federal Emergency Management Agency (FEMA) is withdrawing its notice of proposed rulemaking concerning proposed flood elevation determinations for Cumberland County, Maine (All Jurisdictions). SUMMARY: Effective Date: The notice of proposed rulemaking is withdrawn on January 20, 2011. ADDRESSES: The docket for this withdrawn rulemaking is available for inspection or copying at 500 C St., SW., Washington, DC 20472. FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C DATES: E:\FR\FM\20JAP1.SGM 20JAP1

Agencies

[Federal Register Volume 76, Number 13 (Thursday, January 20, 2011)]
[Proposed Rules]
[Pages 3590-3595]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-1061]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-B-1171]

Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule.

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

SUMMARY: Comments are requested on the proposed Base (1% annual-chance)
Flood Elevations (BFEs) and proposed BFE modifications for the
communities listed in the table below. The purpose of this notice is to
seek general information and comment regarding the proposed regulatory
flood elevations for the reach described by the downstream and upstream
locations in the table below. The BFEs and modified BFEs are a part of
the floodplain management measures that the community is required
either to adopt or to show evidence of having in effect in order to
qualify or remain qualified for participation in the National Flood
Insurance Program (NFIP). In addition, these elevations, once
finalized, will be used by insurance agents and others to calculate
appropriate flood insurance premium rates for new buildings and the
contents in those buildings.

DATES: Comments are to be submitted on or before April 20, 2011.

ADDRESSES: The corresponding preliminary Flood Insurance Rate Map
(FIRM) for the proposed BFEs for each community is available for
inspection at the community's map repository. The respective addresses
are listed in the table below.
You may submit comments, identified by Docket No. FEMA-B-1171, to
Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance
and Mitigation Administration, Federal Emergency Management Agency, 500
C Street, SW., Washington, DC 20472, (202) 646-4064, or (e-mail)
luis.rodriguez1@dhs.gov.

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472, (202) 646-4064, or (e-mail) luis.rodriguez1@dhs.gov.

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
also are used to calculate the appropriate flood insurance premium
rates for new buildings built after these elevations are made final,
and for the contents in those buildings.
Comments on any aspect of the Flood Insurance Study and FIRM, other
than the proposed BFEs, will be considered. A letter acknowledging
receipt of any comments will not be sent.
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.
Executive Order 12866, Regulatory Planning and Review. This
proposed rule is not a significant regulatory action under the criteria
of section 3(f) of Executive Order 12866, as amended.
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:

[[Page 3591]]

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. 67.4 [Amended]

2. The tables published under the authority of Sec. 67.4 are
proposed to be amended as follows:

----------------------------------------------------------------------------------------------------------------
Elevation in feet (NGVD)
+ Elevation in feet
(NAVD) Depth
Source of in feet above ground
State City/town/county flooding Location ** [caret] Elevation in
meters (MSL)
-------------------------
Existing Modified
----------------------------------------------------------------------------------------------------------------
Unincorporated Areas of Hoke County, North Carolina
----------------------------------------------------------------------------------------------------------------
North Carolina................ Unincorporated Lumber River..... At the Robeson +205 +203
Areas of Hoke and Scotland
County. County boundary.
................. ................. Approximately +256 +257
0.5 mile
upstream of the
Quewhiffle
Creek
confluence.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

ADDRESSES
Unincorporated Areas of Hoke County
Maps are available for inspection at the Hoke County Planning Office, 423 East Central Avenue, Raeford, NC
28376.
----------------------------------------------------------------------------------------------------------------
Unincorporated Areas of Robeson County, North Carolina
----------------------------------------------------------------------------------------------------------------
North Carolina................ Unincorporated Lumber River..... Approximately +190 +191
Areas of Robeson 1.2 miles
County. upstream of the
Scotland County
boundary.
................. ................. At the Hoke and +205 +203
Scotland County
boundary.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

ADDRESSES
Unincorporated Areas of Robeson County
Maps are available for inspection at the Robeson County Department of Building Safety and Code Enforcement, 415
Country Club Drive, Lumberton, NC 28360.
----------------------------------------------------------------------------------------------------------------
Unincorporated Areas of Nowata County, Oklahoma
----------------------------------------------------------------------------------------------------------------
Oklahoma...................... Unincorporated Southwest At the None +687
Areas of Nowata Tributary. downstream side
County. of E0230 Road.
................. ................. Approximately None +696
0.4 mile
upstream of
E0230 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.

[[Page 3592]]

Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

ADDRESSES
Unincorporated Areas of Nowata County
Maps are available for inspection at the Nowata County Office, 2219 North Maple Street, Nowata, OK 74048
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
*Elevation in feet
(NGVD) +Elevation in
feet (NAVD) Depth in feet above
Flooding Source(s) Location of referenced ground [caret]Elevation Communities affected
elevation ** in meters (MSL)

--------------------------
Effective Modified
----------------------------------------------------------------------------------------------------------------
Sebastian County, Arkansas, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Massard Creek....................... Approximately 155 feet +407 +406 City of Fort Smith,
upstream of Rogers Unincorporated Areas
Avenue. of Sebastian County.
Approximately 720 feet None +420
upstream of State
Highway 255 (Zero
Street).
Mill Creek.......................... Approximately 200 feet +478 +477 City of Fort Smith.
downstream of South
28th Street.
Approximately 1.05 None +521
miles upstream of
Jenny Lind Road.
No Name Creek....................... Approximately 0.33 mile +408 +409 City of Fort Smith.
upstream of the
Sunnymede Creek
confluence.
Approximately 185 feet +455 +456
downstream of the No
Name Creek Tributary
confluence.
No Name Creek....................... At the No Name Creek +457 +456 City of Fort Smith.
confluence.
Tributary........................... Approximately 970 feet None +518
upstream of South 46th
Street.
Spivey Creek........................ At the Massard Creek +414 +411 City of Fort Smith,
confluence. Unincorporated Areas
of Sebastian County.
Approximately 0.44 mile None +477
upstream of Industrial
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.

Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

ADDRESSES
City of Fort Smith
Maps are available for inspection at the Engineering Department, 623 Garrison Avenue, Suite 409, Fort Smith, AR
72901.
Unincorporated Areas of Sebastian County
Maps are available for inspection at the Sebastian County Courthouse, 35 South 6th Street, Fort Smith, AR 72901.
----------------------------------------------------------------------------------------------------------------
El Dorado County, California, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Bijou Creek......................... Approximately 100 feet +6,232 +6,234 City of South Lake
upstream of the Lake Tahoe.
Tahoe confluence.
Approximately 550 feet +6,325 +6,347
upstream of Pioneer
Trail.

[[Page 3593]]

Trout Creek......................... Approximately 1,750 +6,235 +6,234 City of South Lake
feet upstream of the Tahoe, Unincorporated
Lake Tahoe confluence. Areas of El Dorado
County.
Approximately 1,580 +6,252 +6,251
feet downstream of
Martin Avenue.
Upper Truckee River................. Approximately 1,400 +6,240 +6,241 City of South Lake
feet downstream of Tahoe, Unincorporated
Lake Tahoe Boulevard. Areas of El Dorado
County.
Approximately 1.44 +6,250 +6,251
miles upstream of Lake
Tahoe Boulevard.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

ADDRESSES
City of South Lake Tahoe
Maps are available for inspection at 1900 Lake Tahoe Boulevard, South Lake Tahoe, CA 96150.

Unincorporated Areas of El Dorado County
Maps are available for inspection at 2850 Fairlane Court, Placerville, CA 95667.
----------------------------------------------------------------------------------------------------------------
Putnam County, Indiana, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Big Walnut Creek.................... Approximately 845 feet None +656 Unincorporated Areas of
downstream of Oakalla Putnam County.
Covered Bridge.
Approximately 845 feet None +692
upstream of Houck Road
(North County Road 25
East).
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

ADDRESSES
Unincorporated Areas of Putnam County
Maps are available for inspection at the Putnam County Planning and Zoning Department, Annex Building, 209 West
Liberty Street, Room 3, Greencastle, IN 46135.
----------------------------------------------------------------------------------------------------------------
Clark County, Kentucky, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Boone Creek (backwater effects from From the Kentucky River None +590 Unincorporated Areas of
Kentucky River). confluence to Clark County.
approximately 1.2
miles upstream of the
Kentucky River
confluence.
Bull Run (backwater effects from From the Kentucky River None +603 Unincorporated Areas of
Kentucky River). confluence to Clark County.
approximately 0.8 mile
upstream of the
Kentucky River
confluence.
Cotton Creek (backwater effects from From the Upper Howard None +602 Unincorporated Areas of
Kentucky River). Creek confluence to Clark County.
approximately 0.6 mile
upstream of the Upper
Howard Creek
confluence.
Dumford Hollow (backwater effects From the Kentucky River None +604 Unincorporated Areas of
from Kentucky River). Tributary 1 confluence Clark County.
to approximately 1,352
feet upstream of the
Kentucky River
Tributary 1 confluence.
Fourmile Creek (backwater effects From the Kentucky River None +597 Unincorporated Areas of
from Kentucky River). confluence to Clark County.
approximately 1.4
miles upstream of the
Kentucky River
confluence.

[[Page 3594]]

Indian Creek (backwater effects from From the Kentucky River None +600 Unincorporated Areas of
Kentucky River). confluence to Clark County.
approximately 0.5 mile
upstream of the
Kentucky River
confluence.
Jouett Creek (backwater effects from From the Kentucky River None +591 Unincorporated Areas of
Kentucky River). confluence to Clark County.
approximately 0.5 mile
upstream of the
Kentucky River
confluence.
Kentucky River...................... At the Boone Creek None +590 Unincorporated Areas of
confluence. Clark County.
At the Red River None +604
confluence.
Kentucky River Tributary 1 From the Kentucky River None +604 Unincorporated Areas of
(backwater effects from Kentucky confluence to Clark County.
River). approximately 0.5 mile
upstream of the
Kentucky River
confluence.
Lower Howard Creek.................. Approximately 3.4 miles +853 +852 City of Winchester,
upstream of Reservoir Unincorporated Areas
Lane. of Clark County.
Approximately 273 feet +962 +961
upstream of Colby Road.
Lower Howard Creek (backwater From the Kentucky River None +592 Unincorporated Areas of
effects from Kentucky River). confluence to Clark County.
approximately 1 mile
upstream of the
Kentucky River
confluence.
Lower Howard Creek Tributary H7 From the Lower Howard +890 +891 Unincorporated Areas of
(backwater effects from Lower Creek confluence to Clark County.
Howard Creek). approximately 712 feet
upstream of the Lower
Howard Creek
confluence.
Red River (overflow effects from At the Kentucky River None +604 Unincorporated Areas of
Kentucky River). confluence. Clark County.
Approximately 1.2 miles None +605
upstream of Irving
Road.
Strodes Creek....................... Approximately 317 feet +873 +870 City of Winchester,
upstream of the Unincorporated Areas
Hancock Creek of Clark County.
confluence.
Approximately 0.9 miles +953 +952
upstream of Pioneer
Drive.
Strodes Creek Tributary S1.......... From the Strodes Creek +924 +928 City of Winchester,
confluence to Unincorporated Areas
approximately 1,554 of Clark County.
feet upstream of the
Strodes Creek
confluence.
Strodes Creek Tributary S2 From the Strodes Creek +927 +928 City of Winchester,
(backwater effects from Strodes Tributary S1 Unincorporated Areas
Creek). confluence to of Clark County.
approximately 540 feet
upstream of the
Strodes Creek
Tributary S1
confluence.
Strodes Creek Tributary S5 From the Strodes Creek +921 +926 City of Winchester,
(backwater effects from Strodes confluence to Unincorporated Areas
Creek). approximately 1,385 of Clark County.
feet upstream of the
Strodes Creek
confluence.
Twomile Creek (backwater effects From the Kentucky River None +596 Unincorporated Areas of
from Kentucky River). confluence to Clark County.
approximately 0.8 mile
upstream of the
Kentucky River
confluence.
Upper Howard Creek (backwater From the Kentucky River None +602 Unincorporated Areas of
effects from Kentucky River). confluence to Clark County.
approximately 1.9
miles upstream of the
Kentucky River
confluence.
Upper Howard Creek Tributary 3 From the Upper Howard None +602 Unincorporated Areas of
(backwater effects from Kentucky Creek confluence to Clark County.
River). approximately 1,559
feet upstream of the
Upper Howard Creek
confluence.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Winchester
Maps are available for inspection at City Hall, 32 Wall Street, Winchester, KY 40392.

Unincorporated Areas of Clark County.
Maps are available for inspection at the Clark County Courthouse, 34 South Main Street, Winchester, KY 40391.
----------------------------------------------------------------------------------------------------------------
Mercer County, Ohio, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Beaver Creek (Lower)................ Approximately 1,400 None +861 City of Celina.
feet downstream of
Meyer Road.

[[Page 3595]]

At the downstream side None +861
of the Grand Lake Dam.
Beaver Creek (Upper)................ Approximately 850 feet +872 +873 Unincorporated Areas of
downstream of State Mercer County, Village
Route 219. of Montezuma.
At the downstream side None +876
of Casselia Montezuma
Road.
Grand Lake Saint Mary's............. Entire shoreline within None +872 City of Celina.
community.
Saint Mary's River.................. At the Van Wert County None +797 Unincorporated Areas of
boundary. Mercer County, Village
of Mendon, Village of
Rockford.
At the Auglaize County None +814
boundary.
Wabash River........................ Approximately 0.72 mile None +922 Unincorporated Areas of
downstream of State Mercer County, Village
Route 49. of Fort Recovery.
Approximately 0.88 mile None +928
upstream of North
First Street.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

ADDRESSES
City of Celina
Maps are available for inspection at 426 West Market Street, Celina, OH 45822

Unincorporated Areas of Mercer County
Maps are available for inspection at the Mercer County Central Service Building, 220 West Livingston Street,
Room A201, Celina, OH 45822.

Village of Fort Recovery
Maps are available for inspection at 201 South Main Street, Fort Recovery, OH 45846.

Village of Mendon
Maps are available for inspection at 102 South Main Street, Mendon, OH 45862.

Village of Montezuma
Maps are available for inspection at 69 West Main Street, Montezuma, OH 45866.

Village of Rockford
Maps are available for inspection at 151 East Columbia Street, Rockford, OH 45882.
----------------------------------------------------------------------------------------------------------------

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

Dated: January 11, 2011.
Edward L. Connor,
Acting Federal Insurance and Mitigation Administrator, Mitigation,
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2011-1061 Filed 1-19-11; 8:45 am]
BILLING CODE 9110-12-P

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