Final Flood Elevation Determinations, 10253-10258 [2011-4129]

Download as PDF 10253 Federal Register / Vol. 76, No. 37 / Thursday, February 24, 2011 / Rules and Regulations this action must be filed in the United States Court of Appeals for the appropriate circuit by April 25, 2011. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See Section 307(b)(2).) reference, Intergovernmental relations, Ozone, Volatile organic compounds. Dated: February 9, 2011. Al Armendariz, Regional Administrator, Region 6. 40 CFR part 52 is amended as follows: PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart SS—Texas 2. Section 52.2270 is amended as follows: ■ a. The table in paragraph (c) entitled ‘‘EPA Approved Regulations in the ■ List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by Texas SIP’’ is amended under Chapter 115 (Reg 5), Subchapter G, by removing the centered heading ‘‘Division 2: Portable Fuel Containers’’ and by removing the entries under Division 2 for Sections 115.620 through 115.629. ■ b. The second table in paragraph (e) entitled ‘‘EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP’’ is amended by adding to the end of the table a new entry entitled ‘‘Texas Portable Fuel Container State Implementation Plan’’ to read as follows: § 52.2270 * Identification of plan * * (e) * * * * * EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP Name of SIP provision Applicable geographic or nonattainment area * * Texas Portable Fuel Container State Implementation Plan. * * All Affected 1997 Eight-Hour Ozone Standard Nonattainment And Near Nonattainment Areas In The State Of Texas. State submittal/effective date 3/4/2010 EPA approval date * * 2/24/2011 [Insert FR page number where document begins]. by contacting the office where the maps are available for inspection as indicated in the table below. [FR Doc. 2011–3996 Filed 2–23–11; 8:45 am] BILLING CODE 6560–50–P Federal Emergency Management Agency 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. 44 CFR Part 67 FOR FURTHER INFORMATION CONTACT: ADDRESSES: DEPARTMENT OF HOMELAND SECURITY Docket ID FEMA–2010–0003 Final Flood Elevation Determinations Federal Emergency Management Agency, DHS. ACTION: Final rule. 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 already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). jlentini on DSKJ8SOYB1PROD with RULES SUMMARY: The date of issuance of the Flood Insurance Rate Map (FIRM) showing BFEs and modified BFEs for each community. This date may be obtained DATES: VerDate Mar<15>2010 16:10 Feb 23, 2011 Jkt 223001 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. 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 SUPPLEMENTARY INFORMATION: PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 Comments * 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 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. E:\FR\FM\24FER1.SGM 24FER1 10254 Federal Register / Vol. 76, No. 37 / Thursday, February 24, 2011 / Rules and Regulations PART 67—[AMENDED] 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: Flooding source(s) 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. 1. The authority citation for part 67 continues to read as follows: § 67.11 ■ Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978, 3 CFR, [Amended] 2. The tables published under the authority of § 67.11 are amended 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 Matanuska-Susitna Borough, Alaska, and Incorporated Areas Docket No.: FEMA–B–1087 Susitna River ......................... Twister Creek ........................ +336 At the divergence from Talkeetna River ............................... Talkeetna River ..................... Approximately 11 miles northwest of the intersection of Talkeetna Road and Comsat Road. Approximately 1,100 feet downstream of the confluence with the Chulitna River. Approximately 900 feet downstream of the railroad bridge north of Talkeetna. Approximately 400 feet downstream of the confluence of Whiskey Slough. Just downstream of South Talkeetna Road Spur ................. Borough of MatanuskaSusitna. +381 +355 +348 Borough of MatanuskaSusitna. +394 +345 Borough of MatanuskaSusitna. * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES Borough of Matanuska-Susitna Maps are available for inspection at 350 East Dahlia Avenue, Palmer, AK 99645. Carroll County, Arkansas, and Incorporated Areas Docket No.: FEMA–B–1066 Leatherwood Creek ............... Approximately 0.61 mile upstream of Magnetic Road .......... +1109 Approximately 1,250 feet upstream of Magnetic Road ......... City of Eureka Springs, Unincorporated Areas of Carroll County. +1131 * 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 Eureka Springs Maps are available for inspection at City Hall, 44 South Main Street, Eureka Springs, AR 72632. Unincorporated Areas of Carroll County Maps are available for inspection at the Carroll County Courthouse, 210 West Church Street, Berryville, AR 72616. Vanderburgh County, Indiana, and Incorporated Areas Docket No.: FEMA–B–1080 At Heckel Road ..................................................................... +384 Approximately 1.5 miles upstream of Boonville-New Harmony Road. Just upstream of Norfolk Southern Railroad ......................... +387 Crawford-Brandeis Ditch ....... jlentini on DSKJ8SOYB1PROD with RULES Bluegrass Creek .................... At the confluence with Pigeon Creek .................................... Approximately 100 feet upstream of 1st Avenue .................. At the confluence with Dry Run Lower ................................. Approximately 0.3 mile upstream of Cross Gate Drive ........ Approximately 600 feet upstream of the confluence with Little Pigeon Creek. Approximately 800 feet upstream of Greendale Drive .......... At the confluence with Hirsch Ditch ...................................... +378 +381 +378 +407 +381 Dry Run Lower ...................... Dry Run Upper ...................... Greenbriar Hills Tributary ...... Harper Ditch .......................... VerDate Mar<15>2010 16:10 Feb 23, 2011 Jkt 223001 PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 E:\FR\FM\24FER1.SGM +386 +413 +381 24FER1 Unincorporated Areas of Vanderburgh County. Unincorporated Areas of Vanderburgh County. City of Evansville. City of Evansville. Unincorporated Areas of Vanderburgh County. City of Evansville. Federal Register / Vol. 76, No. 37 / Thursday, February 24, 2011 / 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 Hirsch Ditch ........................... At the confluence with Pigeon Creek .................................... At the confluence with Harper Ditch ..................................... +381 +381 +386 Little Pigeon Creek ................ At the confluence with Crawford-Brandeis, Lockwood, and Stockfleith Ditches. At the confluence with Pigeon Creek .................................... Approximately 2,250 feet upstream of the confluence with Pigeon Creek. At the confluence of Crawford-Brandeis, Stockfleith, and Hirsch Ditches. At the county boundary ......................................................... At the confluence with Little Pigeon Creek ........................... Approximately 725 feet upstream of Inwood Drive ............... At the confluence with Lockwood Ditch ................................ +378 Ohio River ............................. At State Road 66 ................................................................... Approximately 7.3 miles upstream of the Posey County boundary (extended). +389 +374 +381 Pigeon Creek ......................... Approximately 1.5 miles downstream of the Warrick County boundary (extended). Approximately 1,200 feet downstream of North Fulton Avenue. Schlensker Ditch ................... At Green River Road ............................................................. At Green River Road ............................................................. +383 +389 Schlensker Ditch Tributary .... Approximately 2,000 feet upstream of Browning Road ........ At the confluence with Schlensker Ditch ............................... +441 +405 +409 Stockfleith Ditch ..................... Approximately 0.5 mile upstream of the confluence with Schlensker Ditch. At the confluence with Hirsch, Lockwood, and CrawfordBrandeis Ditches. At State Road 66 ................................................................... 10255 Lockwood Ditch ..................... Mill Road Tributary ................ Nurenbern Ditch .................... +378 Communities affected City of Evansville, Unincorporated Areas of Vanderburgh County. City of Evansville, Unincorporated Areas of Vanderburgh County. +386 Unincorporated Areas of Vanderburgh County. +387 +378 +407 +387 City of Evansville. +378 +386 Unincorporated Areas of Vanderburgh County. City of Evansville, Unincorporated Areas of Vanderburgh County. City of Evansville, Unincorporated Areas of Vanderburgh County. Unincorporated Areas of Vanderburgh County. Unincorporated Areas of Vanderburgh County. Unincorporated Areas of Vanderburgh County. +388 * 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 Evansville Maps are available for inspection at the Evansville Civic Center Complex, Building Commission Department, 1 Northwest Martin Luther King Jr. Boulevard, Room 310, Evansville, IN 47708. Unincorporated Areas of Vanderburgh County Maps are available for inspection at the Evansville Civic Center Complex, Building Commission Department, 1 Northwest Martin Luther King Jr. Boulevard, Room 310, Evansville, IN 47708. Marion County, Kansas, and Incorporated Areas Docket No.: FEMA–B–1087 At the confluence with Mud Creek ........................................ +1319 Cottonwood River .................. jlentini on DSKJ8SOYB1PROD with RULES Clear Creek ........................... Approximately 250 feet upstream of Cedar Street ............... Approximately 1,100 feet downstream of 5th Street ............. +1319 +1272 Cottonwood River Tributary .. Approximately 775 feet upstream of West Main Street ........ Approximately 1,100 feet upstream of Upland Road ............ +1316 +1307 Doyle Creek ........................... Approximately 1,200 feet upstream of Tanglewood Street ... Approximately 1.1 miles downstream of 105th Street .......... +1322 +1272 Approximately 0.7 mile upstream of Maple Street ................ +1367 VerDate Mar<15>2010 16:10 Feb 23, 2011 Jkt 223001 PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 E:\FR\FM\24FER1.SGM 24FER1 Unincorporated Areas of Marion County. Unincorporated Areas of Marion County. Unincorporated Areas of Marion County. City of Marion, Unincorporated Areas of Marion County. 10256 Federal Register / Vol. 76, No. 37 / Thursday, February 24, 2011 / 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 Mud Creek ............................. Approximately 1,000 feet upstream of the confluence with Cottonwood Creek. +1316 Approximately 1,200 feet upstream of the confluence with Clear Creek. Approximately 1,100 feet downstream of Commercial Street +1319 Approximately 1.6 miles upstream of Main Street ................ At the confluence with Old Mud Creek Channel ................... +1300 +1299 Prairie Creek ......................... At West Santa Fe Street ....................................................... At the confluence with Doyle Creek ...................................... +1304 +1356 Spring Creek ......................... Approximately 0.7 mile upstream of Old Mill Road .............. At Peabody Street ................................................................. +1390 +1368 Tributary to Cottonwood River Approximately 1,325 feet upstream of 70th Street ............... Approximately 1,375 feet downstream of West Main Street Approximately 75 feet downstream of West Main Street ..... +1377 +1299 +1299 Old Mud Creek Channel ....... Old Mud Creek Channel Tributary. +1299 Communities affected City of Marion, Unincorporated Areas of Marion County. City of Marion, Unincorporated Areas of Marion County. City of Marion. Unincorporated Areas of Marion County. Unincorporated Areas of Marion County. City of Marion. * 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 Marion Maps are available for inspection at City Hall, 208 East Sante Fe Street, Marion, KS 66861. Unincorporated Areas of Marion County Maps are available for inspection at the Marion County Courthouse, 200 South 3rd Street, Marion, KS 66861. Simpson County, Kentucky, and Incorporated Areas Docket No.: FEMA–B–1066 Webb Branch ......................... Just downstream of KY–1008 (Industrial Bypass) ................ Approximately 0.4 mile upstream of Witt Road .................... * 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 Franklin Maps are available for inspection at 117 West Cedar Street, Franklin, KY 42135. Unincorporated Areas of Simpson County Maps are available for inspection at 100 Main Street, Franklin, KY 42135. +660 City of Franklin, Unincorporated Areas of Simpson County. +736 Allen Parish, Louisana, and Incorporated Areas Docket No.: FEMA–B–1040 Beaver Creek ........................ Bunch Creek .......................... jlentini on DSKJ8SOYB1PROD with RULES Calcasieu River ..................... Gilley Gully ............................ Whisky Chitto Creek .............. VerDate Mar<15>2010 16:10 Feb 23, 2011 Approximately 7,218 feet downstream of 16th Street ........... Approximately 575 feet downstream of 16th Street .............. At Martin Tram Road ............................................................. +117 +119 +37 Approximately 3,097 feet upstream of U.S. Route 190 ........ Approximately 341 feet upstream of the confluence with unnamed creek. At the intersection of unnamed creek and Union Pacific Railroad. Approximately 1,539 feet downstream of Martin Tram Road +38 +106 Approximately 4,613 feet upstream of Martin Tram Road .... Approximately 10,369 feet upstream of the confluence with the Calcasieu River. +36 +41 Jkt 223001 PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 E:\FR\FM\24FER1.SGM City of Oakdale. Unincorporated Areas of Allen Parish. City of Oakdale. +107 +35 24FER1 Unincorporated Areas of Allen Parish. Unincorporated Areas of Allen Parish. Federal Register / Vol. 76, No. 37 / Thursday, February 24, 2011 / 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 Approximately 6,544 feet upstream of the confluence with the Calcasieu River. 10257 Communities affected +41 * 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 Oakdale Maps are available for inspection at 333 East 6th Avenue, Oakdale, LA 71463. Unincorporated Areas of Allen Parish Maps are available for inspection at the Allen Parish Police Jury, 602 Court Street, Oberlin, LA 70655. Barton County, Missouri, and Incorporated Areas Docket No.: FEMA–B–1075 North Fork Spring River ........ Approximately 6,200 feet downstream of the City of Lamar Heights corporate limits. +935 Approximately 600 feet upstream of the City of Lamar corporate limits. City of Lamar Heights, Unincorporated Areas of Barton County. +942 * 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 Lamar Heights Maps are available for inspection at 1004 Gulf Street, Room 103, Lamar, MO 64759. Unincorporated Areas of Barton County Maps are available for inspection at 1004 Gulf Street, Room 103, Lamar, MO 64759. Greene County, Ohio, and Incorporated Areas Docket No.: FEMA–B–1012 and FEMA–B–1085 Possum Run .......................... Shawnee Park Tributary ........ Approximately 900 feet downstream of Wilmington Pike ..... At the confluence of Wilmington Pike North Branch ............. Approximately 0.80 mile upstream of Monroe Drive ............. +931 +940 +924 South Fork Massies Creek .... Just downstream of U.S. Route 42 ....................................... Approximately 0.53 mile upstream of the railroad ................ +943 +1041 Yellow Springs Creek ............ Approximately 240 feet downstream of Weimer Road ......... Approximately 0.8 mile upstream of Grinnell Road .............. Approximately 0.7 mile downstream of Fairfield Road ......... +1050 +886 +905 City of Centerville. City of Xenia, Unincorporated Areas of Greene County. Unincorporated Areas of Greene County. Village of Yellow Springs jlentini on DSKJ8SOYB1PROD with RULES * 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 Centerville Maps are available for inspection at the Municipal Building, 100 West Spring Valley Road, Centerville, OH 45458. City of Xenia Maps are available for inspection at City Hall, 101 North Detroit Street, Xenia, OH 45385. Unincorporated Areas of Greene County Maps are available for inspection at the Greene County Building Regulations, 667 Dayton-Xenia Road, Xenia, OH 45385. Village of Yellow Springs Maps are available for inspection at 100 Dayton Street, Yellow Springs, OH 45387. Hopkins County, Texas, and Incorporated Areas Docket No.: FEMA–B–1091 Coleman Creek ..................... 16:10 Feb 23, 2011 +437 Approximately 600 feet upstream of State Highway 19 ....... VerDate Mar<15>2010 Approximately 0.56 mile upstream of State Highway 19 ...... +445 Jkt 223001 PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 E:\FR\FM\24FER1.SGM 24FER1 Unincorporated Areas of Hopkins County. 10258 Federal Register / Vol. 76, No. 37 / Thursday, February 24, 2011 / 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 Gena Creek ........................... Just upstream of FM Road 1870 .......................................... +440 Rock Creek ............................ Approximately 1.04 miles upstream of FM Road 1870 ........ Just downstream of unnamed railroad .................................. +457 +421 Turtle Creek ........................... Approximately 500 feet upstream of Holiday Drive .............. Just upstream of State Highway 11 ...................................... +476 +481 Just upstream of unnamed railroad ...................................... Communities affected +494 Unincorporated Areas of Hopkins County. Unincorporated Areas of Hopkins County. Unincorporated Areas of Hopkins 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 Unincorporated Areas of Hopkins County Maps are available for inspection at the Hopkins County Courthouse, 118 Church Street, Sulphur Springs, TX 75483. (Catalog of Federal Domestic Assistance No. 97.022, ‘‘Flood Insurance.’’) Dated: February 8, 2011. Edward L. Connor, Acting Federal Insurance and Mitigation Administrator, Department of Homeland Security, Federal Emergency Management Agency. BILLING CODE 9110–12–P FEDERAL MARITIME COMMISSION 46 CFR Part 502 [Docket No. 11–02] RIN 3072–AC41 Amendments to Commission’s Rules of Practice and Procedure ACTION: Commission. Final rule. The Federal Maritime Commission (FMC or Commission) amends its Rules of Practice and Procedure to update, clarify, and reduce the burden on parties to proceedings before the Commission. DATES: The final rule is effective February 24, 2011. FOR FURTHER INFORMATION CONTACT: Karen V. Gregory, Secretary, Federal Maritime Commission, 800 North Capitol Street, NW., Washington, DC 20573–0001, Tel.: (202) 523–5725, E-mail: secretary@fmc.gov. Rebecca A. Fenneman, General Counsel, Federal Maritime Commission, 800 jlentini on DSKJ8SOYB1PROD with RULES SUMMARY: VerDate Mar<15>2010 16:10 Feb 23, 2011 Jkt 223001 The Commission’s Rules of Practice and Procedure, 46 CFR part 502, govern procedures before the Commission. 46 CFR 502.1–502.991. The rules are in place to secure just, speedy, and inexpensive resolution of proceedings before the Commission. After review of the procedural rules in their current form, the Commission has found that certain provisions have become outdated, unclear, or unduly burdensome. Therefore, the Commission has determined to amend part 502 of Title 46 of the Code of Federal Regulations to update and improve the Commission’s Rules of Practice and Procedure. As a first step in updating and improving its procedural rules, the Commission is making changes to Subparts A, H, I, S, and T of its Rules of Practice and Procedure. A number of technical, non-substantive changes are made to other Subparts of the rules. This Final Rule also includes corrections of some typographical errors in the rules. The most notable changes are as follows: SUPPLEMENTARY INFORMATION: [FR Doc. 2011–4129 Filed 2–23–11; 8:45 am] DATE: February 17, 2011. AGENCY: Federal Maritime North Capitol Street, NW., Washington, DC 20573–0001, Tel.: (202) 523–5740, E-mail: generalcounsel@fmc.gov. Section 502.2 The Commission has clarified the provisions for electronic filing of documents and has amended the number of copies to be filed in Commission proceedings. Previously, in proceedings before the Commission, an PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 original and fifteen (15) copies of certain documents filed and served in the proceedings were required to be furnished for the Commission’s use and an original and four (4) copies of other documents were required to be furnished. The Commission is now requiring the filing of an original and five (5) copies of all documents filed in order to simplify this requirement, to reduce the burden on parties to Commission proceedings, and to reduce paper waste. The rule as revised requests that filings also be sent in PDF form when possible, either through electronic e-mail (‘‘e-mail’’) or on an electronic storage device. As many parties currently transmit documents by electronic means (except for initial filing of complaints and claims), the Commission has determined to accommodate electronic submission of documents for the purpose of meeting filing deadlines if the original and five (5) copies follow immediately by mail or courier. This Final Rule includes new rules for such electronic submission of documents to the Commission, and removes reference to facsimile transmissions. To facilitate communications and service of documents, the amended rule requires all parties to provide the Commission and all other parties with accurate and current contact information. The Final Rule amends the requirement to file discovery materials. The previous rule, 46 CFR 502.118(b)(3)(i) (repealed by this Final Rule) required parties to file with the Commission a single copy of discovery E:\FR\FM\24FER1.SGM 24FER1

Agencies

[Federal Register Volume 76, Number 37 (Thursday, February 24, 2011)]
[Rules and Regulations]
[Pages 10253-10258]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-4129]

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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: 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) 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 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.

[[Page 10254]]

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:

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
----------------------------------------------------------------------------------------------------------------
Matanuska-Susitna Borough, Alaska, and Incorporated Areas
Docket No.: FEMA-B-1087
----------------------------------------------------------------------------------------------------------------
Susitna River........................ Approximately 11 miles +336 Borough of Matanuska-
northwest of the Susitna.
intersection of Talkeetna
Road and Comsat Road.
Approximately 1,100 feet +355
downstream of the confluence
with the Chulitna River.
Talkeetna River...................... Approximately 900 feet +348 Borough of Matanuska-
downstream of the railroad Susitna.
bridge north of Talkeetna.
Approximately 400 feet +394
downstream of the confluence
of Whiskey Slough.
Twister Creek........................ Just downstream of South +345 Borough of Matanuska-
Talkeetna Road Spur. Susitna.
At the divergence from +381
Talkeetna River.
----------------------------------------------------------------------------------------------------------------
* 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
Borough of Matanuska-Susitna
Maps are available for inspection at 350 East Dahlia Avenue, Palmer, AK 99645.
----------------------------------------------------------------------------------------------------------------
Carroll County, Arkansas, and Incorporated Areas
Docket No.: FEMA-B-1066
----------------------------------------------------------------------------------------------------------------
Leatherwood Creek.................... Approximately 0.61 mile +1109 City of Eureka Springs,
upstream of Magnetic Road. Unincorporated Areas
of Carroll County.
----------------------------------------------------------------------------------------------------------------
Approximately 1,250 feet +1131
upstream of Magnetic 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 Eureka Springs
Maps are available for inspection at City Hall, 44 South Main Street, Eureka Springs, AR 72632.

Unincorporated Areas of Carroll County
Maps are available for inspection at the Carroll County Courthouse, 210 West Church Street, Berryville, AR
72616.
----------------------------------------------------------------------------------------------------------------
Vanderburgh County, Indiana, and Incorporated Areas
Docket No.: FEMA-B-1080
----------------------------------------------------------------------------------------------------------------
Bluegrass Creek...................... At Heckel Road............... +384 Unincorporated Areas of
Vanderburgh County.
Approximately 1.5 miles +387
upstream of Boonville-New
Harmony Road.
Crawford-Brandeis Ditch.............. Just upstream of Norfolk +386 Unincorporated Areas of
Southern Railroad. Vanderburgh County.
Dry Run Lower........................ At the confluence with Pigeon +378 City of Evansville.
Creek.
Approximately 100 feet +381
upstream of 1st Avenue.
Dry Run Upper........................ At the confluence with Dry +378 City of Evansville.
Run Lower.
Approximately 0.3 mile +407
upstream of Cross Gate Drive.
Greenbriar Hills Tributary........... Approximately 600 feet +381 Unincorporated Areas of
upstream of the confluence Vanderburgh County.
with Little Pigeon Creek.
Approximately 800 feet +413
upstream of Greendale Drive.
Harper Ditch......................... At the confluence with Hirsch +381 City of Evansville.
Ditch.

[[Page 10255]]

At the confluence with Pigeon +381
Creek.
Hirsch Ditch......................... At the confluence with Harper +381 City of Evansville,
Ditch. Unincorporated Areas
of Vanderburgh County.
At the confluence with +386
Crawford-Brandeis, Lockwood,
and Stockfleith Ditches.
Little Pigeon Creek.................. At the confluence with Pigeon +378 City of Evansville,
Creek. Unincorporated Areas
of Vanderburgh County.
Approximately 2,250 feet +378
upstream of the confluence
with Pigeon Creek.
Lockwood Ditch....................... At the confluence of Crawford- +386 Unincorporated Areas of
Brandeis, Stockfleith, and Vanderburgh County.
Hirsch Ditches.
At the county boundary....... +387
Mill Road Tributary.................. At the confluence with Little +378 City of Evansville.
Pigeon Creek.
Approximately 725 feet +407
upstream of Inwood Drive.
Nurenbern Ditch...................... At the confluence with +387 Unincorporated Areas of
Lockwood Ditch. Vanderburgh County.
At State Road 66............. +389
Ohio River........................... Approximately 7.3 miles +374 City of Evansville,
upstream of the Posey County Unincorporated Areas
boundary (extended). of Vanderburgh County.
Approximately 1.5 miles +381
downstream of the Warrick
County boundary (extended).
Pigeon Creek......................... Approximately 1,200 feet +378 City of Evansville,
downstream of North Fulton Unincorporated Areas
Avenue. of Vanderburgh County.
At Green River Road.......... +383
Schlensker Ditch..................... At Green River Road.......... +389 Unincorporated Areas of
Vanderburgh County.
Approximately 2,000 feet +441
upstream of Browning Road.
Schlensker Ditch Tributary........... At the confluence with +405 Unincorporated Areas of
Schlensker Ditch. Vanderburgh County.
Approximately 0.5 mile +409
upstream of the confluence
with Schlensker Ditch.
Stockfleith Ditch.................... At the confluence with +386 Unincorporated Areas of
Hirsch, Lockwood, and Vanderburgh County.
Crawford-Brandeis Ditches.
At State Road 66............. +388
----------------------------------------------------------------------------------------------------------------
* 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 Evansville
Maps are available for inspection at the Evansville Civic Center Complex, Building Commission Department, 1
Northwest Martin Luther King Jr. Boulevard, Room 310, Evansville, IN 47708.

Unincorporated Areas of Vanderburgh County
Maps are available for inspection at the Evansville Civic Center Complex, Building Commission Department, 1
Northwest Martin Luther King Jr. Boulevard, Room 310, Evansville, IN 47708.
----------------------------------------------------------------------------------------------------------------
Marion County, Kansas, and Incorporated Areas
Docket No.: FEMA-B-1087
----------------------------------------------------------------------------------------------------------------
Clear Creek.......................... At the confluence with Mud +1319 Unincorporated Areas of
Creek. Marion County.
Approximately 250 feet +1319
upstream of Cedar Street.
Cottonwood River..................... Approximately 1,100 feet +1272 Unincorporated Areas of
downstream of 5th Street. Marion County.
Approximately 775 feet +1316
upstream of West Main Street.
Cottonwood River Tributary........... Approximately 1,100 feet +1307 Unincorporated Areas of
upstream of Upland Road. Marion County.
Approximately 1,200 feet +1322
upstream of Tanglewood
Street.
Doyle Creek.......................... Approximately 1.1 miles +1272 City of Marion,
downstream of 105th Street. Unincorporated Areas
of Marion County.
Approximately 0.7 mile +1367
upstream of Maple Street.

[[Page 10256]]

Mud Creek............................ Approximately 1,000 feet +1316 City of Marion,
upstream of the confluence Unincorporated Areas
with Cottonwood Creek. of Marion County.
Approximately 1,200 feet +1319
upstream of the confluence
with Clear Creek.
Old Mud Creek Channel................ Approximately 1,100 feet +1299 City of Marion,
downstream of Commercial Unincorporated Areas
Street. of Marion County.
Approximately 1.6 miles +1300
upstream of Main Street.
Old Mud Creek Channel Tributary...... At the confluence with Old +1299 City of Marion.
Mud Creek Channel.
At West Santa Fe Street...... +1304
Prairie Creek........................ At the confluence with Doyle +1356 Unincorporated Areas of
Creek. Marion County.
Approximately 0.7 mile +1390
upstream of Old Mill Road.
Spring Creek......................... At Peabody Street............ +1368 Unincorporated Areas of
Marion County.
Approximately 1,325 feet +1377
upstream of 70th Street.
Tributary to Cottonwood River........ Approximately 1,375 feet +1299 City of Marion.
downstream of West Main
Street.
Approximately 75 feet +1299
downstream of West Main
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.
ADDRESSES
City of Marion
Maps are available for inspection at City Hall, 208 East Sante Fe Street, Marion, KS 66861.

Unincorporated Areas of Marion County
Maps are available for inspection at the Marion County Courthouse, 200 South 3rd Street, Marion, KS 66861.
----------------------------------------------------------------------------------------------------------------
Simpson County, Kentucky, and Incorporated Areas
Docket No.: FEMA-B-1066
----------------------------------------------------------------------------------------------------------------
Webb Branch.......................... Just downstream of KY-1008 +660 City of Franklin,
(Industrial Bypass). Unincorporated Areas
of Simpson County.
Approximately 0.4 mile +736
upstream of Witt 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 Franklin
Maps are available for inspection at 117 West Cedar Street, Franklin, KY 42135.

Unincorporated Areas of Simpson County
Maps are available for inspection at 100 Main Street, Franklin, KY 42135.
----------------------------------------------------------------------------------------------------------------
Allen Parish, Louisana, and Incorporated Areas
Docket No.: FEMA-B-1040
----------------------------------------------------------------------------------------------------------------
Beaver Creek......................... Approximately 7,218 feet +117 City of Oakdale.
downstream of 16th Street.
Approximately 575 feet +119
downstream of 16th Street.
Bunch Creek.......................... At Martin Tram Road.......... +37 Unincorporated Areas of
Allen Parish.
Approximately 3,097 feet +38
upstream of U.S. Route 190.
Calcasieu River...................... Approximately 341 feet +106 City of Oakdale.
upstream of the confluence
with unnamed creek.
At the intersection of +107
unnamed creek and Union
Pacific Railroad.
Gilley Gully......................... Approximately 1,539 feet +35 Unincorporated Areas of
downstream of Martin Tram Allen Parish.
Road.
Approximately 4,613 feet +36
upstream of Martin Tram Road.
Whisky Chitto Creek.................. Approximately 10,369 feet +41 Unincorporated Areas of
upstream of the confluence Allen Parish.
with the Calcasieu River.

[[Page 10257]]

Approximately 6,544 feet +41
upstream of the confluence
with the Calcasieu River.
----------------------------------------------------------------------------------------------------------------
* 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 Oakdale
Maps are available for inspection at 333 East 6th Avenue, Oakdale, LA 71463.

Unincorporated Areas of Allen Parish
Maps are available for inspection at the Allen Parish Police Jury, 602 Court Street, Oberlin, LA 70655.
----------------------------------------------------------------------------------------------------------------
Barton County, Missouri, and Incorporated Areas
Docket No.: FEMA-B-1075
----------------------------------------------------------------------------------------------------------------
North Fork Spring River.............. Approximately 6,200 feet +935 City of Lamar Heights,
downstream of the City of Unincorporated Areas
Lamar Heights corporate of Barton County.
limits.
Approximately 600 feet +942
upstream of the City of
Lamar corporate limits.
----------------------------------------------------------------------------------------------------------------
* 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 Lamar Heights
Maps are available for inspection at 1004 Gulf Street, Room 103, Lamar, MO 64759.

Unincorporated Areas of Barton County
Maps are available for inspection at 1004 Gulf Street, Room 103, Lamar, MO 64759.
----------------------------------------------------------------------------------------------------------------
Greene County, Ohio, and Incorporated Areas
Docket No.: FEMA-B-1012 and FEMA-B-1085
----------------------------------------------------------------------------------------------------------------
Possum Run........................... Approximately 900 feet +931 City of Centerville.
downstream of Wilmington
Pike.
At the confluence of +940
Wilmington Pike North Branch.
Shawnee Park Tributary............... Approximately 0.80 mile +924 City of Xenia,
upstream of Monroe Drive. Unincorporated Areas
of Greene County.
Just downstream of U.S. Route +943
42.
South Fork Massies Creek............. Approximately 0.53 mile +1041 Unincorporated Areas of
upstream of the railroad. Greene County.
Approximately 240 feet +1050
downstream of Weimer Road.
Yellow Springs Creek................. Approximately 0.8 mile +886 Village of Yellow
upstream of Grinnell Road. Springs
Approximately 0.7 mile +905
downstream of Fairfield 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 Centerville
Maps are available for inspection at the Municipal Building, 100 West Spring Valley Road, Centerville, OH 45458.

City of Xenia
Maps are available for inspection at City Hall, 101 North Detroit Street, Xenia, OH 45385.

Unincorporated Areas of Greene County
Maps are available for inspection at the Greene County Building Regulations, 667 Dayton-Xenia Road, Xenia, OH
45385.

Village of Yellow Springs
Maps are available for inspection at 100 Dayton Street, Yellow Springs, OH 45387.
----------------------------------------------------------------------------------------------------------------
Hopkins County, Texas, and Incorporated Areas
Docket No.: FEMA-B-1091
----------------------------------------------------------------------------------------------------------------
Coleman Creek........................ Approximately 0.56 mile +437 Unincorporated Areas of
upstream of State Highway 19. Hopkins County.
Approximately 600 feet +445
upstream of State Highway 19.

[[Page 10258]]

Gena Creek........................... Just upstream of FM Road 1870 +440 Unincorporated Areas of
Hopkins County.
Approximately 1.04 miles +457
upstream of FM Road 1870.
Rock Creek........................... Just downstream of unnamed +421 Unincorporated Areas of
railroad. Hopkins County.
Approximately 500 feet +476
upstream of Holiday Drive.
Turtle Creek......................... Just upstream of State +481 Unincorporated Areas of
Highway 11. Hopkins County.
Just upstream of unnamed +494
railroad.
----------------------------------------------------------------------------------------------------------------
* 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 Hopkins County
Maps are available for inspection at the Hopkins County Courthouse, 118 Church Street, Sulphur Springs, TX
75483.
----------------------------------------------------------------------------------------------------------------

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

Dated: February 8, 2011.
Edward L. Connor,
Acting Federal Insurance and Mitigation Administrator, Department of
Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2011-4129 Filed 2-23-11; 8:45 am]
BILLING CODE 9110-12-P

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