[Federal Register Volume 75, Number 211 (Tuesday, November 2, 2010)] [Proposed Rules] [Pages 67304-67310] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2010-27583] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1152] Proposed Flood Elevation Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: Comments are requested on the proposed Base (1% annual-chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed in the table below. The purpose of this notice is to seek general information and comment regarding the proposed regulatory flood elevations for the reach described by the downstream and upstream locations in the table below. The BFEs and modified BFEs are a part of the floodplain management measures that the community is required either to adopt or to show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). In addition, these elevations, once finalized, will be used by insurance agents and others to calculate appropriate flood insurance premium rates for new buildings and the contents in those buildings. DATES: Comments are to be submitted on or before January 31, 2011. ADDRESSES: The corresponding preliminary Flood Insurance Rate Map (FIRM) for the proposed BFEs for each community is available for inspection at the community's map repository. The respective addresses are listed in the table below. You may submit comments, identified by Docket No. FEMA-B-1152, to Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3461, or (e- mail) [email protected]. FOR FURTHER INFORMATION CONTACT: Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3461, or (e-mail) [email protected]. SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency (FEMA) proposes to make determinations of BFEs and modified BFEs for each community listed below, in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR 67.4(a). These proposed BFEs and modified BFEs, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own or pursuant to policies established by other Federal, State, or regional entities. These proposed elevations are used to meet the floodplain management requirements of the NFIP and also are used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in those buildings. Comments on any aspect of the Flood Insurance Study and FIRM, other than the proposed BFEs, will be considered. A letter acknowledging receipt of any comments will not be sent. National Environmental Policy Act. This proposed rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared. Regulatory Flexibility Act. As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601- 612, a regulatory flexibility analysis is not required. Executive Order 12866, Regulatory Planning and Review. This proposed rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866, as amended. Executive Order 13132, Federalism. This proposed rule involves no policies that have federalism implications under Executive Order 13132. Executive Order 12988, Civil Justice Reform. This proposed rule meets the applicable standards of Executive Order 12988. List of Subjects in 44 CFR Part 67 Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements. Accordingly, 44 CFR part 67 is proposed to be amended as follows: PART 67--[AMENDED] 1. The authority citation for part 67 continues to read as follows: Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. Sec. 67.4 [Amended] 2. The tables published under the authority of Sec. 67.4 are proposed to be amended as follows: [[Page 67305]] ---------------------------------------------------------------------------------------------------------------- * Elevation in feet (NGVD) + Elevation in feet (NAVD)Depth in feet above Flooding source(s) Location of referenced ground [caret] Elevation Communities affected elevation in meters (MSL) -------------------------- Effective Modified ---------------------------------------------------------------------------------------------------------------- Fremont County, Colorado, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Arkansas River...................... Approximately 600 feet +5130 +5129 City of Florence, upstream of the Unincorporated Areas confluence with Coal of Fremont County. Creek East Overflow. Approximately 1,330 +5203 +5206 feet downstream of Minnequa Dam Road. Coal Creek.......................... Approximately 0.99 mile +5224 +5222 City of Florence, Town upstream of Railroad of Coal Creek, Street. Unincorporated Areas of Fremont County. Approximately 0.57 mile None +5435 upstream of Coal Creek Drive. Coal Creek Tributary 1.............. At the confluence with None +5335 Town of Coal Creek, Coal Creek. Unincorporated Areas of Fremont County. Approximately 1,600 None +5420 feet upstream of Main Street. Coal Creek Tributary 2.............. Just upstream of the None +5400 Town of Coal Creek, confluence with Coal Unincorporated Areas Creek. of Fremont County. Approximately 0.75 mile None +5489 upstream of the confluence with Coal Creek. Coal Creek Tributary 3.............. Just upstream of the None +5422 Town of Coal Creek, confluence with Coal Unincorporated Areas Creek. of Fremont County. Approximately 1,100 None +5440 feet upstream of the confluence with Coal Creek. Forked Gulch........................ Approximately 300 feet +5340 +5336 City of Canon City, upstream of the Unincorporated Areas confluence with the of Fremont County. Arkansas River. Approximately 275 feet None +5888 upstream of North Eagle Drive. Oak Creek........................... Just upstream of the +5256 +5253 Town of Rockvale, Town unnamed railroad. of Williamsburg, Unincorporated Areas of Fremont County. Approximately 1,350 None +5471 feet upstream of Mesa Avenue. South Oak Creek..................... Just upstream of the None +5424 Town of Rockvale, confluence with Oak Unincorporated Areas Creek. of Fremont County. Approximately 580 feet None +5438 upstream of Oak Creek Avenue. West Branch Forked Gulch............ Approximately 90 feet +5474 +5473 City of Canon City, upstream of Temple Unincorporated Areas Canyon Road. of Fremont County. Approximately 525 feet None +6082 upstream of Lela Lane. West Oak Creek...................... Just upstream of the None +5268 Town of Rockvale, Town confluence with Oak of Williamsburg, Creek. Unincorporated Areas of Fremont County. Approximately 0.87 mile None +5534 upstream of Smith Gulch 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. ** 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 Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Canon City Maps are available for inspection at 128 Main Street, Canon City, CO 81212. City of Florence [[Page 67306]] Maps are available for inspection at 300 West Main Street, Florence, CO 81226. Town of Coal Creek Maps are available for inspection at 400 Railroad Street, Coal Creek, CO 81221. Town of Rockvale Maps are available for inspection at 510 Railroad Street, Rockvale, CO 81244. Town of Williamsburg Maps are available for inspection at 1 John Street, Williamsburg, CO 81226. Unincorporated Areas of Fremont County Maps are available for inspection at 615 Macon Avenue, Canon City, CO 81212. ---------------------------------------------------------------------------------------------------------------- Scott County, Missouri, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Headwater Diversion Channel From the Cape Girardeau +353 +350 Unincorporated Areas of (backwater effects from Mississippi County boundary to Scott County. River). approximately 1.33 miles upstream of the Cape Girardeau County boundary. Mississippi River................... At the Mississippi +338 +335 Unincorporated Areas of County boundary. Scott County. At the Alexander County +349 +351 boundary. Ramsey Creek Diversion Channel From the confluence +353 +350 City of Scott City, (backwater effects from Mississippi with Headwater Unincorporated Areas River). Diversion Channel to of Scott County. approximately 3.6 miles upstream of Headwater Diversion Channel. ---------------------------------------------------------------------------------------------------------------- * 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 Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472. ADDRESSES City of Scott City Maps are available for inspection at 215 Chestnut Avenue, Scott City, MO 63780. Unincorporated Areas of Scott County Maps are available for inspection at 131 South Winchester Street, Benton, MO 63736. ---------------------------------------------------------------------------------------------------------------- Hunterdon County, New Jersey (All Jurisdictions) ---------------------------------------------------------------------------------------------------------------- Brookville Creek.................... At the confluence with +81 +78 Borough of Stockton, the Delaware and Township of Delaware. Raritan Canal. Approximately 275 feet +81 +78 upstream of State Route 29 (South Main Street). Delaware River...................... At the Mercer County +64 +65 Borough of Frenchtown, boundary. Borough of Milford, Borough of Stockton, City of Lambertville, Township of Alexandria, Township of Delaware, Township of Holland, Township of Kingwood, Township of West Amwell. At the Warren County +158 +159 boundary. Little Nishisakawick Creek.......... At the confluence with +124 +123 Borough of Frenchtown. the Delaware River. Approximately 590 feet +124 +123 upstream of State Route 29 (Trenton Avenue). Milford Creek....................... At the confluence with +136 +134 Borough of Milford the Delaware River. Approximately 1,100 +136 +134 feet downstream of Bridge Road. Musconetcong River.................. At the confluence with +158 +159 Township of Holland. the Delaware River. Approximately 1,100 +158 +159 feet downstream of Mountain Joy Road. Nishisakawick Creek................. At the confluence with +124 +123 Borough of Frenchtown. the Delaware River. Approximately 150 feet +124 +123 upstream of State Route 12 (Kingwood Avenue). Swan Creek.......................... At the confluence with +68 +69 City of Lambertville. the Delaware River. [[Page 67307]] Approximately 40 feet +68 +69 upstream of State Route 29 (South Main Street). Tributary No. 1 to Delaware River... At the confluence with +147 +144 Township of Holland. the Delaware River. Approximately 775 feet +147 +144 upstream of the railroad bridge. Wickecheoke Creek................... At the confluence with +86 +84 Borough of Stockton, the Delaware River. Township of Delaware. Approximately 600 feet +86 +84 upstream of State Route 29. ---------------------------------------------------------------------------------------------------------------- * 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 Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Borough of Frenchtown Maps are available for inspection at the Borough Hall, 29 2nd Street, Frenchtown, NJ 08825. Borough of Milford Maps are available for inspection at the Borough Hall, 30 Water Street, Milford, NJ 08848. Borough of Stockton Maps are available for inspection at the Borough Hall, 2 South Main Street, Stockton, NJ 08559. City of Lambertville Maps are available for inspection at City Hall, 18 York Street, Lambertville, NJ 08530. Township of Alexandria Maps are available for inspection at the Alexandria Township Municipal Office, 782 Frenchtown Road, Milford, NJ 08848. Township of Delaware Maps are available for inspection at the Delaware Township Municipal Building, 570 Rosemont-Ringoes Road, Sergeantsville, NJ 08557. Township of Holland Maps are available for inspection at the Holland Township Municipal Building, 61 Church Road, Milford, NJ 08848. Township of Kingwood Maps are available for inspection at the Kingwood Township Municipal Building, 599 Oak Grove Road and County Road 519, Frenchtown, NJ 08825. Township of West Amwell Maps are available for inspection at the West Amwell Township Municipal Building, 150 Rocktown-Lambertville Road, Lambertville, NJ 08530. ---------------------------------------------------------------------------------------------------------------- Armstrong County, Pennsylvania (All Jurisdictions) ---------------------------------------------------------------------------------------------------------------- Allegheny River..................... Approximately 0.2 mile None +785 Township of Boggs, downstream of the Township of Bradys confluence with Bend, Township of Allegheny River Cadogan, Township of Tributary 1. Hovey, Township of Madison, Township of North Buffalo, Township of Pine, Township of Rayburn. Approximately 1.12 None +876 miles upstream of State Route 58. Buffalo Creek....................... Approximately 1.31 None +873 Township of North miles upstream of Buffalo. State Route 228. Approximately 1.35 None +873 miles upstream of State Route 228. Carnahan Run........................ Just downstream of None +784 Township of Parks. State Route 66. Approximately 655 feet None +784 upstream of State Route 66. Garretts Run........................ Just downstream of None +1022 Township of Kittanning. State Route 359. Approximately 271 feet None +1026 upstream of State Route 359. Guffy Run........................... Approximately 80 feet None +780 Township of Gilpin, downstream of State Township of Parks. Route 66. Approximately 826 feet None +780 upstream of State Route 66. [[Page 67308]] Kiskiminetas River.................. Approximately 4.9 miles None +774 Borough of Apollo, upstream of the Borough of Leechburg, confluence with the Borough of North Allegheny River. Apollo. Approximately 1,025 None +799 feet upstream of State Route 66 Alternate. Redbank Creek....................... Approximately 648 feet None +1063 Borough of South downstream of West Bethlehem, Township of Broad Street (State Mahoning. Route 28). Approximately 0.96 mile None +1067 upstream of West Broad Street (State Route 28). Tub Mill Run........................ Approximately 100 feet None +787 Township of Manor. upstream of State Route 66. Approximately 606 feet None +787 upstream of State Route 66. ---------------------------------------------------------------------------------------------------------------- * 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 Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Borough of Apollo Maps are available for inspection at the Borough Council Chambers, 616 1st Street, Apollo, PA 15613. Borough of Leechburg Maps are available for inspection at the Borough Office, 260 Market Street, Leechburg, PA 15656. Borough of North Apollo Maps are available for inspection at the Borough Building, 1421 Leonard Avenue, North Apollo, PA 15673. Borough of South Bethlehem Maps are available for inspection at the South Bethlehem Borough Building, 217 West Broad Street, New Bethlehem, PA 16242. Township of Boggs Maps are available for inspection at the Boggs Township Hall, 292 Mountain Trails Road, Templeton, PA 16259. Township of Bradys Bend Maps are available for inspection at the Bradys Bend Township Municipal Building, 1004 State Route 68, East Brady, PA 16028. Township of Cadogan Maps are available for inspection at the Township Hall, 333 1st Avenue, Cadogan, PA 16212. Township of Gilpin Maps are available for inspection at the Gilpin Township Municipal Building, 589 State Route 66, Leechburg, PA 15656. Township of Hovey Maps are available for inspection at the Hovey Township Building, 217 Washington Street, Parker, PA 16049. Township of Kittanning Maps are available for inspection at the Kittanning Township Municipal Building, 395 Township Shed Road, Kittanning, PA 16201. Township of Madison Maps are available for inspection at the Madison Township Building, 107 Lawsonham Road, Templeton, PA 16259. Township of Mahoning Maps are available for inspection at the Mahoning Township Municipal Building, 987 State Route 1025, New Bethlehem, PA 16242. Township of Manor Maps are available for inspection at the Manor Township Municipal Building, 306 Byron Street, McGrann, PA 16236. Township of North Buffalo Maps are available for inspection at the North Buffalo Township Municipal Building, 149 McHaddon Road, Kittanning, PA 16201. Township of Parks Maps are available for inspection at the Parks Township Community Building, 26 Jackson Street, North Vandergrift, PA 15690. Township of Pine Maps are available for inspection at the Pine Township Hall, 100 1st Street, Templeton, PA 16259. Township of Rayburn Maps are available for inspection at the Rayburn Township Hall, 105 McGregor Road, Kittanning, PA 16201. ---------------------------------------------------------------------------------------------------------------- Washington County, Pennsylvania (All Jurisdictions) ---------------------------------------------------------------------------------------------------------------- Brush Run to Little Tenmile Creek... At the confluence with None +962 Township of North Little Tenmile Creek. Bethlehem, Township of West Bethlehem. [[Page 67309]] Approximately 0.67 mile None +1121 upstream of Dynamite Road. Catfish Creek....................... Approximately 500 feet None +1034 Township of North upstream of West Franklin. Chestnut Street. Approximately 1,500 None +1044 feet upstream of West Maiden Street. Chartiers Creek..................... Approximately 0.50 mile None +1080 Borough of Green Hills. upstream of Mounts Road. Approximately 0.34 mile None +1092 downstream of Vaneal Road. Georges Run......................... Approximately 1,300 +1004 +1006 Township of Canton, feet upstream of North Township of Chartiers. Hewitt Avenue. Approximately 1,400 None +1106 feet upstream of Mulberry Hill Road. Little Chartiers Creek.............. Just downstream of U.S. None +922 Township of Peters, Route 19. Township of Somerset. Approximately 0.40 mile None +1024 downstream of Simmons Road. Little Tenmile Creek................ At the confluence with None +897 Township of West Tenmile Creek. Bethlehem. Approximately 0.76 mile None +898 upstream of the confluence with Tenmile Creek. Little Tenmile Creek................ Approximately 1,800 None +961 Township of West feet downstream of the Bethlehem. confluence with Brush Run to Little Tenmile Creek. At the confluence with None +962 Brush Run to Little Tenmile Creek. Maple Creek......................... Approximately 0.40 mile None +786 Borough of Twilight. downstream of Fox Stop Road. Approximately 1,800 None +789 feet downstream of Fox Stop Road. Peters Creek........................ Approximately 500 feet None +955 Township of Nottingham, downstream of Venetia Township of Union. Road. Approximately 0.90 mile None +1026 upstream of Lutes Road. Pigeon Creek (area previously shown Approximately 400 feet None +900 Borough of Ellsworth. within Township of Somerset). upstream of Monongahela- Bentleyville Road. Approximately 0.45 mile None +906 upstream of Monongahela- Bentleyville Road. Pigeon Creek........................ Approximately 810 feet None +953 Township of upstream of Oliver Fallowfield. Avenue. Approximately 1,090 None +956 feet upstream of Oliver Avenue. Robinson Run........................ Approximately 0.40 mile None +1050 Township of Robinson. downstream of Saint Johns Street. Approximately 0.30 mile None +1056 downstream of Saint Johns Street. Tenmile Creek....................... Just downstream of None +877 Borough of Marianna, Jefferson Avenue. Township of West Bethlehem. Approximately 300 feet None +901 downstream of Hufford Run Road. Tenmile Creek....................... Approximately 1.30 None +1025 Township of Morris. miles downstream of Pleasant Road. Approximately 1.21 None +1026 miles downstream of Pleasant Road. Tributary 4.1 (backwater effects From approximately 380 None +1015 Township of North from Tributary 4). feet upstream of the Strabane. confluence with Tributary 4 to approximately 880 feet upstream of the confluence with Tributary 4. ---------------------------------------------------------------------------------------------------------------- * 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 Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Borough of Ellsworth Maps are available are available for inspection at the Borough Building, 23 Main Street, Ellsworth, PA 15331. [[Page 67310]] Borough of Green Hills Maps are available are available for inspection at the Green Hills Borough Hall, 96 North Main Street, Washington, PA 15301. Borough of Marianna Maps are available are available for inspection at the Borough Building, 1 Procasky Road, Marianna, PA 15345. Borough of Twilight Maps are available are available for inspection at the Twilight Borough Building, 8 Chestnut Road, Charleroi, PA 15022. Township of Canton Maps are available are available for inspection at the Canton Township Hall, 655 Grove Avenue, Washington, PA 15301. Township of Chartiers Maps are available are available for inspection at the Chartiers Township Hall, 2 Buccaneer Drive, Houston, PA 15342. Township of Fallowfield Maps are available are available for inspection at the Fallowfield Township Hall, 9 Memorial Drive, Charleroi, PA 15022. Township of Morris Maps are available are available for inspection at the Morris Township Hall, 473 Sparta Road, Prosperity, PA 15329. Township of North Bethlehem Maps are available for inspection at the North Bethlehem Township Municipal Building, 2116-R East National Pike, Scenery Hill, PA 15360. Township of North Franklin Maps are available are available for inspection at the North Franklin Township Hall, 620 Franklin Farms Road, Washington, PA 15301. Township of North Strabane Maps are available are available for inspection at the North Strabane Municipal Building, 1929 State Route 519 South, Canonsburg, PA 15317. Township of Nottingham Maps are available are available for inspection at the Nottingham Township Hall, 909 Sugar Run Road, Eighty Four, PA 15330. Township of Peters Maps are available are available for inspection at the Peters Township Municipal Building, 610 East McMurray Road, McMurray, PA 15317. Township of Robinson Maps are available are available for inspection at the Robinson Township Office, 8400 Noblestown Road, McDonald, PA 15057. Township of Somerset Maps are available are available for inspection at the Somerset Township Office, 615 Vanceville Road, Eighty Four, PA 15330. Township of Union Maps are available are available for inspection at the Union Township Municipal Building, 3904 Finleyville- Elrama Road, Finleyville, PA 15332. Township of West Bethlehem Maps are available are available for inspection at the West Bethlehem Township Municipal Building, 247 Jefferson Avenue, Marianna, PA 15345. ---------------------------------------------------------------------------------------------------------------- (Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'') Dated: October 15, 2010. Sandra K. Knight, Deputy Federal Insurance and Mitigation Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2010-27583 Filed 11-1-10; 8:45 am] BILLING CODE 9110-12-P