Proposed Flood Elevation Determinations, 54415-54419 [2011-22443]

Download as PDF Federal Register / Vol. 76, No. 170 / Thursday, September 1, 2011 / Proposed Rules 54415 TABLE 3—STATUS OF SERIOUS AREA REQUIREMENTS IN THE MARYLAND SIP FOR THE BALTIMORE AREA—Continued Requirement CAA section SIP status Special rule for modifications of sources emitting 100 tons or more § 182(c)(8). Contingency provisions § 182(c)(9) ......... Offsets of 1.2 to 1 § 182(c)(10) ............... NSR regulations, COMAR 26.11.17, approved into SIP on 2/12/2001 (66 FR 56170), revisions approved on 9/20/2004 (69 FR 56170). Must be submitted to EPA for approval by 9/30/2012. NSR regulations, COMAR 26.11.17, approved into SIP on 2/12/2001 (66 FR 56170), revisions approved on 9/20/2004 (69 FR 56170). III. Proposed Action Pursuant to section 181(b)(2) of the CAA, EPA is proposing to determine, based on certified, quality-assured monitoring data for 2008–2010, that the Baltimore Area did not attain the 1997 8-hour ozone standard by its June 15, 2011 attainment date. If EPA finalizes this determination, upon the effective date of the final determination, the Baltimore Area will be reclassified by operation of law as a serious 1997 8hour ozone nonattainment area. Pursuant to section 182(i) of the CAA, EPA is also proposing the schedule for submittal of the SIP revisions required for serious areas once the Baltimore Area is reclassified. Because the Baltimore Area was designated as a severe-15 nonattainment area under the 1-hour ozone NAAQS (40 CFR 81.321), the State of Maryland has already implemented severe area requirements, and these measures have been approved into Maryland’s SIP for the Baltimore Area. The Baltimore Area is subject to ‘‘anti-backsliding’’ provisions which require that the measures approved into Maryland’s SIP for the 1-hour NAAQS remain in the SIP. Because severe area measures are more stringent than serious area measures, the Baltimore Area already meets many of the required serious area measures. Therefore, the State of Maryland is only required to submit SIP revisions for any outstanding serious area measures for the 1997 8hour ozone NAAQS. EPA is proposing that the State of Maryland submit the required SIP revisions to EPA by September 30, 2012. emcdonald on DSK2BSOYB1PROD with PROPOSALS IV. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely proposes to approve state law as meeting Federal requirements and does not impose additional requirements VerDate Mar<15>2010 16:04 Aug 31, 2011 Jkt 223001 beyond those imposed by state law. For that reason, this proposed action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this proposed determination that the Baltimore Area did not attain the 1997 8-hour ozone NAAQS by its applicable attainment date does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because this proposed action is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 List of Subjects in 40 CFR Part 81 Air pollution control, National parks, Wilderness areas. Authority: 42 U.S.C. 7401 et seq. Dated: August 22, 2011. W.C. Early, Acting Regional Administrator, Region III. [FR Doc. 2011–22449 Filed 8–31–11; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket ID FEMA–2008–0020; Docket No. FEMA–B–1043] Proposed Flood Elevation Determinations Federal Emergency Management Agency, DHS. ACTION: Proposed rule; correction. AGENCY: On March 25, 2009, FEMA published in the Federal Register a proposed rule that contained an erroneous table. This document provides corrections to that table, to be used in lieu of the information published. The table provided in this document represents the flooding sources, location of referenced elevations, effective and modified elevations, and communities affected for Cumberland County, Kentucky, and Incorporated Areas. Specifically, it addresses the following flooding sources: Bear Creek (backwater effects from Cumberland River), Big Renox Creek (backwater effects from Cumberland River), Big Whetstone Creek (backwater effects from Cumberland River), Big Willis Creek (backwater effects from Cumberland River), Brush Creek (backwater effects from Cumberland River), Carter Branch West (backwater effects from Cumberland River), Casey Branch (backwater effects from Dale Hollow Lake), Cedar Creek North (backwater effects from Cumberland River), Clover SUMMARY: E:\FR\FM\01SEP1.SGM 01SEP1 emcdonald on DSK2BSOYB1PROD with PROPOSALS 54416 Federal Register / Vol. 76, No. 170 / Thursday, September 1, 2011 / Proposed Rules Creek (backwater effects from Cumberland River), Cumberland River, Cumberland River Tributary 32 (backwater effects from Cumberland River), Cumberland River Tributary 55 (backwater effects from Cumberland River), Cumberland River Tributary 57 (backwater effects from Cumberland River), Dale Hollow Lake (Obey River), Fanny’s Creek (backwater effects from Dale Hollow Lake), Galloway Creek (backwater effects from Cumberland River), Galloway Creek Tributary 3 (backwater effects from Cumberland River), Goose Creek (backwater effects from Cumberland River), Haggard Branch (backwater effects from Cumberland River), Hendricks Creek (backwater effects from Dale Hollow Lake), Hoot Branch (backwater effects from Dale Hollow Lake), Hoot Branch Tributary 1 (backwater effects from Dale Hollow Lake), Judio Creek (backwater effects from Cumberland River), Lewis Creek (backwater effects from Cumberland River), Lewis Creek Tributary 5 (backwater effects from Cumberland River), Little Whetstone Creek (backwater effects from Cumberland River), Little Willis Creek (backwater effects from Cumberland River), Little Willis Creek Tributary 1 (backwater effects from Cumberland River), Marrowbone Creek (backwater effects from Cumberland River), Mud Camp Creek (backwater effects from Cumberland River), Otter Creek (backwater effects from Cumberland River), Perry Cary Hollow (backwater effects from Cumberland River), Potters Creek (backwater effects from Cumberland River), Raft Creek (backwater effects from Cumberland River), Riddle Prong (backwater effects from Dale Hollow Lake), Sulphur Creek (backwater effects from Dale Hollow Lake), and Williams Creek (backwater effects from Dale Hollow Lake). DATES: Comments are to be submitted on or before November 30, 2011. ADDRESSES: You may submit comments, identified by Docket No. FEMA–B– 1043, 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 VerDate Mar<15>2010 16:04 Aug 31, 2011 Jkt 223001 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) publishes proposed determinations of Base (1% annualchance) Flood Elevations (BFEs) and modified BFEs for communities participating in the National Flood Insurance Program (NFIP), 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 minimum requirements. 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. SUPPLEMENTARY INFORMATION: Corrections In the proposed rule published at 74 FR 12807 in the March 25, 2009, issue of the Federal Register, FEMA published a table under the authority of 44 CFR 67.4. The table, entitled ‘‘Cumberland County, Kentucky and Incorporated Areas,’’ addressed the flooding sources Cumberland River and Dale Hollow Lake (Obey River). That table contained inaccurate information as to the location of referenced elevation, effective and modified elevation in feet, and/or communities affected for those flooding sources. In addition, it did not include the following flooding sources: Bear Creek (backwater effects from Cumberland River), Big Renox Creek (backwater effects from Cumberland River), Big Whetstone Creek (backwater effects from Cumberland River), Big Willis PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 Creek (backwater effects from Cumberland River), Brush Creek (backwater effects from Cumberland River), Carter Branch West (backwater effects from Cumberland River), Casey Branch (backwater effects from Dale Hollow Lake), Cedar Creek North (backwater effects from Cumberland River), Clover Creek (backwater effects from Cumberland River), Cumberland River Tributary 32 (backwater effects from Cumberland River), Cumberland River Tributary 55 (backwater effects from Cumberland River), Cumberland River Tributary 57 (backwater effects from Cumberland River), Fanny’s Creek (backwater effects from Dale Hollow Lake), Galloway Creek (backwater effects from Cumberland River), Galloway Creek Tributary 3 (backwater effects from Cumberland River), Goose Creek (backwater effects from Cumberland River), Haggard Branch (backwater effects from Cumberland River), Hendricks Creek (backwater effects from Dale Hollow Lake), Hoot Branch (backwater effects from Dale Hollow Lake), Hoot Branch Tributary 1 (backwater effects from Dale Hollow Lake), Judio Creek (backwater effects from Cumberland River), Lewis Creek (backwater effects from Cumberland River), Lewis Creek Tributary 5 (backwater effects from Cumberland River), Little Whetstone Creek (backwater effects from Cumberland River), Little Willis Creek (backwater effects from Cumberland River), Little Willis Creek Tributary 1 (backwater effects from Cumberland River), Marrowbone Creek (backwater effects from Cumberland River), Mud Camp Creek (backwater effects from Cumberland River), Otter Creek (backwater effects from Cumberland River), Perry Cary Hollow (backwater effects from Cumberland River), Potters Creek (backwater effects from Cumberland River), Raft Creek (backwater effects from Cumberland River), Riddle Prong (backwater effects from Dale Hollow Lake), Sulphur Creek (backwater effects from Dale Hollow Lake), and Williams Creek (backwater effects from Dale Hollow Lake). In this notice, FEMA is publishing a table containing the accurate information, to address these prior errors. The information provided below should be used in lieu of that previously published for Cumberland County. E:\FR\FM\01SEP1.SGM 01SEP1 Federal Register / Vol. 76, No. 170 / Thursday, September 1, 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 54417 Communities affected Modified Cumberland County, Kentucky, and Incorporated Areas emcdonald on DSK2BSOYB1PROD with PROPOSALS Bear Creek (backwater effects from Cumberland River). Big Renox Creek (backwater effects from Cumberland River). Big Whetstone Creek (backwater effects from Cumberland River). Big Willis Creek (backwater effects from Cumberland River). Brush Creek (backwater effects from Cumberland River). Carter Branch West (backwater effects from Cumberland River). Casey Branch (backwater effects from Dale Hollow Lake). Cedar Creek North (backwater effects from Cumberland River). Clover Creek (backwater effects from Cumberland River). Cumberland River ................. Cumberland River Tributary 32 (backwater effects from Cumberland River). Cumberland River Tributary 55 (backwater effects from Cumberland River). Cumberland River Tributary 57 (backwater effects from Cumberland River). Dale Hollow Lake (Obey River). Fanny’s Creek (backwater effects from Dale Hollow Lake). Galloway Creek (backwater effects from Cumberland River). Galloway Creek Tributary 3 (backwater effects from Cumberland River). Goose Creek (backwater effects from Cumberland River). Haggard Branch (backwater effects from Cumberland River). Hendricks Creek (backwater effects from Dale Hollow Lake). Hoot Branch (backwater effects from Dale Hollow Lake). VerDate Mar<15>2010 16:04 Aug 31, 2011 From the Cumberland River confluence to approximately 0.9 mile upstream of the Cumberland River confluence. From the Cumberland River confluence to approximately 0.8 mile upstream of the Cumberland River confluence. From the Cumberland River confluence to approximately 0.5 mile upstream of the Cumberland River confluence. From the Cumberland River confluence to approximately 1.5 miles upstream of the Cumberland River confluence. From the Cumberland River confluence to approximately 0.6 mile upstream of the Cumberland River confluence. From the Cumberland River confluence to approximately 0.6 mile upstream of the Cumberland River confluence. From the Dale Hollow Lake confluence to approximately 0.5 mile upstream of the Dale Hollow Lake confluence. From the Cumberland River confluence to approximately 0.7 mile upstream of the Cumberland River confluence. From the Cumberland River confluence to approximately 0.4 mile upstream of the Cumberland River confluence. Approximately 3,300 feet downstream of the Judio Creek confluence. None +551 Unincorporated Areas of Cumberland County. None +556 Unincorporated Areas of Cumberland County. None +562 Unincorporated Areas of Cumberland County. None +563 Unincorporated Areas of Cumberland County. None +558 Unincorporated Areas of Cumberland County. None +540 Unincorporated Areas of Cumberland County. None +663 Unincorporated Areas of Cumberland County. None +552 Unincorporated Areas of Cumberland County. None +550 Unincorporated Areas of Cumberland County. None +533 City of Burkesville, Unincorporated Areas of Cumberland County. Approximately 1,500 feet upstream of the Crow Creek confluence. From the Cumberland River confluence to approximately 0.6 mile upstream of the Cumberland River confluence. From the Cumberland River confluence to approximately 1,900 feet upstream of the Cumberland River confluence. From the Cumberland River confluence to approximately 0.6 mile upstream of the Cumberland River confluence. Entire shoreline within community ................................ None +568 None +555 Unincorporated Areas of Cumberland County. None +541 Unincorporated Areas of Cumberland County. None +540 Unincorporated Areas of Cumberland County. None +663 None +633 Unincorporated Areas of Cumberland County. Unincorporated Areas of Cumberland County. None +544 Unincorporated Areas of Cumberland County. None +544 Unincorporated Areas of Cumberland County. None +555 Unincorporated Areas of Cumberland County. None +547 Unincorporated Areas of Cumberland County. None +663 Unincorporated Areas of Cumberland County. None +663 Unincorporated Areas of Cumberland County. From the Dale Hollow Lake confluence to approximately 1,400 feet upstream of the Dale Hollow Lake confluence. From the Cumberland River confluence to approximately 0.5 mile upstream of the Cumberland River confluence. From the Galloway Creek confluence to approximately 1,400 feet upstream of the Galloway Creek confluence. From the Cumberland River confluence to approximately 0.9 mile upstream of the Cumberland River confluence. From the Cumberland River confluence to approximately 0.9 mile upstream of the Cumberland River confluence. From the Dale Hollow Lake confluence to approximately 600 feet upstream of the Dale Hollow Lake confluence. From the Dale Hollow Lake confluence to approximately 950 feet upstream of the Dale Hollow Lake confluence. Jkt 223001 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\01SEP1.SGM 01SEP1 54418 Federal Register / Vol. 76, No. 170 / Thursday, September 1, 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 emcdonald on DSK2BSOYB1PROD with PROPOSALS Hoot Branch Tributary 1 (backwater effects from Dale Hollow Lake). Judio Creek (backwater effects from Cumberland River). Lewis Creek (backwater effects from Cumberland River). Lewis Creek Tributary 5 (backwater effects from Cumberland River). Little Whetstone Creek (backwater effects from Cumberland River). Little Willis Creek (backwater effects from Cumberland River). Little Willis Creek Tributary 1 (backwater effects from Cumberland River). Marrowbone Creek (backwater effects from Cumberland River). Mud Camp Creek (backwater effects from Cumberland River). Otter Creek (backwater effects from Cumberland River). Perry Cary Hollow (backwater effects from Cumberland River). Potters Creek (backwater effects from Cumberland River). Raft Creek (backwater effects from Cumberland River). Riddle Prong (backwater effects from Dale Hollow Lake). Sulphur Creek (backwater effects from Dale Hollow Lake). Williams Creek (backwater effects from Dale Hollow Lake). Communities affected Modified From the Hoot Branch confluence to approximately 1,000 feet upstream of the Hoot Branch confluence. None +663 Unincorporated Areas of Cumberland County. From the Cumberland River confluence to approximately 0.7 mile upstream of the Cumberland River confluence. From the Cumberland River confluence to approximately 1.6 miles upstream of the Cumberland River confluence. From the Lewis Creek confluence to approximately 1,200 feet upstream of the Lewis Creek confluence. None +533 Unincorporated Areas of Cumberland County. None +554 Unincorporated Areas of Cumberland County. None +554 From the Cumberland River confluence to approximately 0.5 mile upstream of the Cumberland River confluence. From the Big Willis Creek confluence to approximately 0.7 mile upstream of the Big Willis Creek confluence. From the Little Willis Creek confluence to approximately 800 feet upstream of the Little Willis Creek confluence. From the Cumberland River confluence to approximately 1,200 feet upstream of the Cumberland River confluence. From the Cumberland River confluence to approximately 1.1 miles upstream of the Cumberland River confluence. From the Cumberland River confluence to approximately 0.5 mile upstream of the Cumberland River confluence. From the Cumberland River confluence to approximately 1,600 feet upstream of the Cumberland River confluence. From the Cumberland River confluence to approximately 0.7 mile upstream of the Cumberland River confluence. From the Cumberland River confluence to approximately 0.4 mile upstream of the Cumberland River confluence. From the Dale Hollow Lake confluence to approximately 0.6 mile upstream of the Dale Hollow Lake confluence. From the Dale Hollow Lake confluence to approximately 0.6 mile upstream of the Dale Hollow Lake confluence. From the Dale Hollow Lake confluence to approximately 0.5 mile upstream of the Dale Hollow Lake confluence. None +562 City of Burkesville, Unincorporated Areas of Cumberland County. Unincorporated Areas of Cumberland County. None +563 Unincorporated Areas of Cumberland County. None +563 Unincorporated Areas of Cumberland County. None +547 Unincorporated Areas of Cumberland County. None +539 Unincorporated Areas of Cumberland County. None +551 Unincorporated Areas of Cumberland County. None +534 Unincorporated Areas of Cumberland County. None +545 Unincorporated Areas of Cumberland County. None +551 Unincorporated Areas of Cumberland County. None +663 Unincorporated Areas of Cumberland County. None +663 Unincorporated Areas of Cumberland County. None +633 Unincorporated Areas of Cumberland 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 Burkesville Maps are available for inspection at City Hall, 214 Upper River Street, Burkesville, KY 42717. Unincorporated Areas of Cumberland County Maps are available for inspection at the Cumberland County Courthouse, 600 Courthouse Square, Burkesville, KY 42717. VerDate Mar<15>2010 16:04 Aug 31, 2011 Jkt 223001 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\01SEP1.SGM 01SEP1 Federal Register / Vol. 76, No. 170 / Thursday, September 1, 2011 / Proposed Rules (Catalog of Federal Domestic Assistance No. 97.022, ‘‘Flood Insurance.’’) 46 CFR Part 8 To avoid duplication, please use only one of these four methods. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, e-mail or call Mr. John Meehan, Environmental Standards Division, Coast Guard, e-mail john.a.meehan@uscg.mil, telephone 202–372–1429. If you have questions on viewing or submitting material to the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: [Docket No. USCG–2011–0745] Table of Contents RIN 1625–AB79 I. Public Participation and Request for Comments A. Submitting Comments B. Viewing Comments and Documents C. Privacy Act D. Public Meeting II. Abbreviations III. Background IV. Discussion of Proposed Rule V. Regulatory Analyses A. Regulatory Planning and Review B. Small Entities C. Assistance for Small Entities D. Collection of Information E. Federalism F. Unfunded Mandates Reform Act G. Taking of Private Property H. Civil Justice Reform I. Protection of Children J. Indian Tribal Governments K. Energy Effects L. Technical Standards M. Environment Dated: August 19, 2011. Sandra K. Knight, Deputy Federal Insurance and Mitigation Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2011–22443 Filed 8–31–11; 8:45 am] BILLING CODE 9110–12–P DEPARTMENT OF HOMELAND SECURITY Coast Guard International Anti-Fouling System Certificate Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard proposes to amend its vessel inspection regulations to add the International Anti-fouling System (IAFS) Certificate to the list of certificates a recognized classification society may issue on behalf of the Coast Guard. This action is being taken in response to recently enacted legislation implementing the International Convention on the Control of Harmful Anti-fouling Systems on Ships, 2001. This proposed rule would enable recognized classification societies to apply to the Coast Guard for authorization to issue IAFS Certificates to vessel owners on behalf of the Coast Guard. DATES: Comments and related material must either be submitted to our online docket via https://www.regulations.gov on or before October 3, 2011 or reach the Docket Management Facility by that date. ADDRESSES: You may submit comments identified by docket number USCG– 2011–0745 using any one of the following methods: (1) Federal eRulemaking Portal: https://www.regulations.gov. (2) Fax: 202–493–2251. (3) Mail: Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590– 0001. (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202–366–9329. emcdonald on DSK2BSOYB1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 16:04 Aug 31, 2011 Jkt 223001 I. Public Participation and Request for Comments We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted, without change, to https:// www.regulations.gov and will include any personal information you have provided. A. Submitting Comments If you submit a comment, please include the docket number for this rulemaking (USCG–2011–0745), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online, or by fax, mail, or hand delivery, but please use only one of these means. We recommend that you include your name and a mailing address, an e-mail address, or a telephone number in the body of your document so that we can contact you if PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 54419 we have questions regarding your submission. To submit your comments online, go to https://www.regulations.gov and click on the ‘‘submit a comment’’ box, which will then become highlighted in blue. In the ‘‘Document Type’’ drop down menu, select ‘‘Proposed Rule,’’ and insert ‘‘USCG–2011–0745’’ in the ‘‘Keyword’’ box. Click ‘‘Search,’’ then click on the balloon shape in the ‘‘Actions’’ column. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period and may change this proposed rule based on your comments. B. Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to https://www.regulations.gov and click on the ‘‘Read Comments’’ box, which will then become highlighted in blue. In the ‘‘Keyword’’ box, insert ‘‘USCG–2011– 0745’’ and click ‘‘Search.’’ Click the ‘‘Open Docket Folder’’ option in the ‘‘Actions’’ column. If you do not have access to the Internet, you may view the docket online by visiting the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. We have an agreement with the Department of Transportation to use the Docket Management Facility. C. Privacy Act Anyone can search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public dockets in the January 17, 2008, issue of the Federal Register (73 FR 3316). D. Public Meeting We do not now plan to hold a public meeting. However, you may submit a public meeting request to the docket using one of the methods specified under ADDRESSES. In your request, explain why you believe a public meeting would be beneficial. If we determine that holding a public meeting E:\FR\FM\01SEP1.SGM 01SEP1

Agencies

[Federal Register Volume 76, Number 170 (Thursday, September 1, 2011)]
[Proposed Rules]
[Pages 54415-54419]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22443]

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

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2008-0020; Docket No. FEMA-B-1043]

Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule; correction.

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

SUMMARY: On March 25, 2009, FEMA published in the Federal Register a
proposed rule that contained an erroneous table. This document provides
corrections to that table, to be used in lieu of the information
published. The table provided in this document represents the flooding
sources, location of referenced elevations, effective and modified
elevations, and communities affected for Cumberland County, Kentucky,
and Incorporated Areas. Specifically, it addresses the following
flooding sources: Bear Creek (backwater effects from Cumberland River),
Big Renox Creek (backwater effects from Cumberland River), Big
Whetstone Creek (backwater effects from Cumberland River), Big Willis
Creek (backwater effects from Cumberland River), Brush Creek (backwater
effects from Cumberland River), Carter Branch West (backwater effects
from Cumberland River), Casey Branch (backwater effects from Dale
Hollow Lake), Cedar Creek North (backwater effects from Cumberland
River), Clover

[[Page 54416]]

Creek (backwater effects from Cumberland River), Cumberland River,
Cumberland River Tributary 32 (backwater effects from Cumberland
River), Cumberland River Tributary 55 (backwater effects from
Cumberland River), Cumberland River Tributary 57 (backwater effects
from Cumberland River), Dale Hollow Lake (Obey River), Fanny's Creek
(backwater effects from Dale Hollow Lake), Galloway Creek (backwater
effects from Cumberland River), Galloway Creek Tributary 3 (backwater
effects from Cumberland River), Goose Creek (backwater effects from
Cumberland River), Haggard Branch (backwater effects from Cumberland
River), Hendricks Creek (backwater effects from Dale Hollow Lake), Hoot
Branch (backwater effects from Dale Hollow Lake), Hoot Branch Tributary
1 (backwater effects from Dale Hollow Lake), Judio Creek (backwater
effects from Cumberland River), Lewis Creek (backwater effects from
Cumberland River), Lewis Creek Tributary 5 (backwater effects from
Cumberland River), Little Whetstone Creek (backwater effects from
Cumberland River), Little Willis Creek (backwater effects from
Cumberland River), Little Willis Creek Tributary 1 (backwater effects
from Cumberland River), Marrowbone Creek (backwater effects from
Cumberland River), Mud Camp Creek (backwater effects from Cumberland
River), Otter Creek (backwater effects from Cumberland River), Perry
Cary Hollow (backwater effects from Cumberland River), Potters Creek
(backwater effects from Cumberland River), Raft Creek (backwater
effects from Cumberland River), Riddle Prong (backwater effects from
Dale Hollow Lake), Sulphur Creek (backwater effects from Dale Hollow
Lake), and Williams Creek (backwater effects from Dale Hollow Lake).

DATES: Comments are to be submitted on or before November 30, 2011.

ADDRESSES: You may submit comments, identified by Docket No. FEMA-B-
1043, 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) publishes proposed determinations of Base (1% annual-chance)
Flood Elevations (BFEs) and modified BFEs for communities participating
in the National Flood Insurance Program (NFIP), 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 minimum requirements.
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.

Corrections

In the proposed rule published at 74 FR 12807 in the March 25,
2009, issue of the Federal Register, FEMA published a table under the
authority of 44 CFR 67.4. The table, entitled ``Cumberland County,
Kentucky and Incorporated Areas,'' addressed the flooding sources
Cumberland River and Dale Hollow Lake (Obey River). That table
contained inaccurate information as to the location of referenced
elevation, effective and modified elevation in feet, and/or communities
affected for those flooding sources. In addition, it did not include
the following flooding sources: Bear Creek (backwater effects from
Cumberland River), Big Renox Creek (backwater effects from Cumberland
River), Big Whetstone Creek (backwater effects from Cumberland River),
Big Willis Creek (backwater effects from Cumberland River), Brush Creek
(backwater effects from Cumberland River), Carter Branch West
(backwater effects from Cumberland River), Casey Branch (backwater
effects from Dale Hollow Lake), Cedar Creek North (backwater effects
from Cumberland River), Clover Creek (backwater effects from Cumberland
River), Cumberland River Tributary 32 (backwater effects from
Cumberland River), Cumberland River Tributary 55 (backwater effects
from Cumberland River), Cumberland River Tributary 57 (backwater
effects from Cumberland River), Fanny's Creek (backwater effects from
Dale Hollow Lake), Galloway Creek (backwater effects from Cumberland
River), Galloway Creek Tributary 3 (backwater effects from Cumberland
River), Goose Creek (backwater effects from Cumberland River), Haggard
Branch (backwater effects from Cumberland River), Hendricks Creek
(backwater effects from Dale Hollow Lake), Hoot Branch (backwater
effects from Dale Hollow Lake), Hoot Branch Tributary 1 (backwater
effects from Dale Hollow Lake), Judio Creek (backwater effects from
Cumberland River), Lewis Creek (backwater effects from Cumberland
River), Lewis Creek Tributary 5 (backwater effects from Cumberland
River), Little Whetstone Creek (backwater effects from Cumberland
River), Little Willis Creek (backwater effects from Cumberland River),
Little Willis Creek Tributary 1 (backwater effects from Cumberland
River), Marrowbone Creek (backwater effects from Cumberland River), Mud
Camp Creek (backwater effects from Cumberland River), Otter Creek
(backwater effects from Cumberland River), Perry Cary Hollow (backwater
effects from Cumberland River), Potters Creek (backwater effects from
Cumberland River), Raft Creek (backwater effects from Cumberland
River), Riddle Prong (backwater effects from Dale Hollow Lake), Sulphur
Creek (backwater effects from Dale Hollow Lake), and Williams Creek
(backwater effects from Dale Hollow Lake). In this notice, FEMA is
publishing a table containing the accurate information, to address
these prior errors. The information provided below should be used in
lieu of that previously published for Cumberland County.

[[Page 54417]]

----------------------------------------------------------------------------------------------------------------
* Elevation in feet
(NGVD) + Elevation in
feet (NAVD)
Depth in feet above
Flooding source(s) Location of referenced ground [caret] Communities affected
elevation * * Elevation in meters
(MSL)
--------------------------
Effective Modified
----------------------------------------------------------------------------------------------------------------
Cumberland County, Kentucky, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Bear Creek (backwater effects from From the Cumberland None +551 Unincorpor ated Areas
Cumberland River). River confluence to of Cumberland County.
approximately 0.9 mile
upstream of the
Cumberland River
confluence.
Big Renox Creek (backwater effects From the Cumberland None +556 Unincorpor ated Areas
from Cumberland River). River confluence to of Cumberland County.
approximately 0.8 mile
upstream of the
Cumberland River
confluence.
Big Whetstone Creek (backwater From the Cumberland None +562 Unincorpor ated Areas
effects from Cumberland River). River confluence to of Cumberland County.
approximately 0.5 mile
upstream of the
Cumberland River
confluence.
Big Willis Creek (backwater effects From the Cumberland None +563 Unincorpor ated Areas
from Cumberland River). River confluence to of Cumberland County.
approximately 1.5
miles upstream of the
Cumberland River
confluence.
Brush Creek (backwater effects from From the Cumberland None +558 Unincorpor ated Areas
Cumberland River). River confluence to of Cumberland County.
approximately 0.6 mile
upstream of the
Cumberland River
confluence.
Carter Branch West (backwater From the Cumberland None +540 Unincorpor ated Areas
effects from Cumberland River). River confluence to of Cumberland County.
approximately 0.6 mile
upstream of the
Cumberland River
confluence.
Casey Branch (backwater effects from From the Dale Hollow None +663 Unincorpor ated Areas
Dale Hollow Lake). Lake confluence to of Cumberland County.
approximately 0.5 mile
upstream of the Dale
Hollow Lake confluence.
Cedar Creek North (backwater effects From the Cumberland None +552 Unincorpor ated Areas
from Cumberland River). River confluence to of Cumberland County.
approximately 0.7 mile
upstream of the
Cumberland River
confluence.
Clover Creek (backwater effects from From the Cumberland None +550 Unincorpor ated Areas
Cumberland River). River confluence to of Cumberland County.
approximately 0.4 mile
upstream of the
Cumberland River
confluence.
Cumberland River.................... Approximately 3,300 None +533 City of Burkesville,
feet downstream of the Unincorpor ated Areas
Judio Creek confluence. of Cumberland County.
Approximately 1,500 None +568
feet upstream of the
Crow Creek confluence.
Cumberland River Tributary 32 From the Cumberland None +555 Unincorpor ated Areas
(backwater effects from Cumberland River confluence to of Cumberland County.
River). approximately 0.6 mile
upstream of the
Cumberland River
confluence.
Cumberland River Tributary 55 From the Cumberland None +541 Unincorpor ated Areas
(backwater effects from Cumberland River confluence to of Cumberland County.
River). approximately 1,900
feet upstream of the
Cumberland River
confluence.
Cumberland River Tributary 57 From the Cumberland None +540 Unincorpor ated Areas
(backwater effects from Cumberland River confluence to of Cumberland County.
River). approximately 0.6 mile
upstream of the
Cumberland River
confluence.
Dale Hollow Lake (Obey River)....... Entire shoreline within None +663 Unincorpor ated Areas
community. of Cumberland County.
Fanny's Creek (backwater effects From the Dale Hollow None +633 Unincorpor ated Areas
from Dale Hollow Lake). Lake confluence to of Cumberland County.
approximately 1,400
feet upstream of the
Dale Hollow Lake
confluence.
Galloway Creek (backwater effects From the Cumberland None +544 Unincorpor ated Areas
from Cumberland River). River confluence to of Cumberland County.
approximately 0.5 mile
upstream of the
Cumberland River
confluence.
Galloway Creek Tributary 3 From the Galloway Creek None +544 Unincorpor ated Areas
(backwater effects from Cumberland confluence to of Cumberland County.
River). approximately 1,400
feet upstream of the
Galloway Creek
confluence.
Goose Creek (backwater effects from From the Cumberland None +555 Unincorpor ated Areas
Cumberland River). River confluence to of Cumberland County.
approximately 0.9 mile
upstream of the
Cumberland River
confluence.
Haggard Branch (backwater effects From the Cumberland None +547 Unincorpor ated Areas
from Cumberland River). River confluence to of Cumberland County.
approximately 0.9 mile
upstream of the
Cumberland River
confluence.
Hendricks Creek (backwater effects From the Dale Hollow None +663 Unincorpor ated Areas
from Dale Hollow Lake). Lake confluence to of Cumberland County.
approximately 600 feet
upstream of the Dale
Hollow Lake confluence.
Hoot Branch (backwater effects from From the Dale Hollow None +663 Unincorpor ated Areas
Dale Hollow Lake). Lake confluence to of Cumberland County.
approximately 950 feet
upstream of the Dale
Hollow Lake confluence.

[[Page 54418]]

Hoot Branch Tributary 1 (backwater From the Hoot Branch None +663 Unincorpor ated Areas
effects from Dale Hollow Lake). confluence to of Cumberland County.
approximately 1,000
feet upstream of the
Hoot Branch confluence.
Judio Creek (backwater effects from From the Cumberland None +533 Unincorpor ated Areas
Cumberland River). River confluence to of Cumberland County.
approximately 0.7 mile
upstream of the
Cumberland River
confluence.
Lewis Creek (backwater effects from From the Cumberland None +554 Unincorpor ated Areas
Cumberland River). River confluence to of Cumberland County.
approximately 1.6
miles upstream of the
Cumberland River
confluence.
Lewis Creek Tributary 5 (backwater From the Lewis Creek None +554 City of Burkesville,
effects from Cumberland River). confluence to Unincorpor ated Areas
approximately 1,200 of Cumberland County.
feet upstream of the
Lewis Creek confluence.
Little Whetstone Creek (backwater From the Cumberland None +562 Unincorpor ated Areas
effects from Cumberland River). River confluence to of Cumberland County.
approximately 0.5 mile
upstream of the
Cumberland River
confluence.
Little Willis Creek (backwater From the Big Willis None +563 Unincorpor ated Areas
effects from Cumberland River). Creek confluence to of Cumberland County.
approximately 0.7 mile
upstream of the Big
Willis Creek
confluence.
Little Willis Creek Tributary 1 From the Little Willis None +563 Unincorpor ated Areas
(backwater effects from Cumberland Creek confluence to of Cumberland County.
River). approximately 800 feet
upstream of the Little
Willis Creek
confluence.
Marrowbone Creek (backwater effects From the Cumberland None +547 Unincorpor ated Areas
from Cumberland River). River confluence to of Cumberland County.
approximately 1,200
feet upstream of the
Cumberland River
confluence.
Mud Camp Creek (backwater effects From the Cumberland None +539 Unincorpor ated Areas
from Cumberland River). River confluence to of Cumberland County.
approximately 1.1
miles upstream of the
Cumberland River
confluence.
Otter Creek (backwater effects from From the Cumberland None +551 Unincorpor ated Areas
Cumberland River). River confluence to of Cumberland County.
approximately 0.5 mile
upstream of the
Cumberland River
confluence.
Perry Cary Hollow (backwater effects From the Cumberland None +534 Unincorpor ated Areas
from Cumberland River). River confluence to of Cumberland County.
approximately 1,600
feet upstream of the
Cumberland River
confluence.
Potters Creek (backwater effects From the Cumberland None +545 Unincorpor ated Areas
from Cumberland River). River confluence to of Cumberland County.
approximately 0.7 mile
upstream of the
Cumberland River
confluence.
Raft Creek (backwater effects from From the Cumberland None +551 Unincorpor ated Areas
Cumberland River). River confluence to of Cumberland County.
approximately 0.4 mile
upstream of the
Cumberland River
confluence.
Riddle Prong (backwater effects from From the Dale Hollow None +663 Unincorpor ated Areas
Dale Hollow Lake). Lake confluence to of Cumberland County.
approximately 0.6 mile
upstream of the Dale
Hollow Lake confluence.
Sulphur Creek (backwater effects From the Dale Hollow None +663 Unincorpor ated Areas
from Dale Hollow Lake). Lake confluence to of Cumberland County.
approximately 0.6 mile
upstream of the Dale
Hollow Lake confluence.
Williams Creek (backwater effects From the Dale Hollow None +633 Unincorpor ated Areas
from Dale Hollow Lake). Lake confluence to of Cumberland County.
approximately 0.5 mile
upstream of the Dale
Hollow Lake 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
City of Burkesville
Maps are available for inspection at City Hall, 214 Upper River Street, Burkesville, KY 42717.

Unincorporated Areas of Cumberland County
Maps are available for inspection at the Cumberland County Courthouse, 600 Courthouse Square, Burkesville, KY
42717.
----------------------------------------------------------------------------------------------------------------

[[Page 54419]]

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

Dated: August 19, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation,
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2011-22443 Filed 8-31-11; 8:45 am]
BILLING CODE 9110-12-P

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