[Federal Register Volume 75, Number 211 (Tuesday, November 2, 2010)] [Proposed Rules] [Pages 67310-67317] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2010-27584] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1148] 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. [[Page 67311]] You may submit comments, identified by Docket No. FEMA-B-1148, 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: ---------------------------------------------------------------------------------------------------------------- * Elevation in feet (NGVD) + Elevation in feet (NAVD)Location of referenced Depth in feet above Flooding source(s) elevation ground [caret] Elevation Communities affected in meters (MSL) -------------------------- Effective Modified ---------------------------------------------------------------------------------------------------------------- Indian River County, Florida, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Collier Creek....................... Approximately 550 feet +4 +5 City of Sebastian, upstream of the Unincorporated Areas confluence with South of Indian River Prong Creek. County. Approximately 1,320 None +19 feet upstream of Fleming Street. FT-1................................ Within area of multiple None +21 Unincorporated Areas of ponding areas bounded Indian River County. by 17th Street Southwest to the north, 27th Avenue Southwest to the west, 21st Street Southwest to the south, and 20th Avenue Southwest to the east. Lateral J Tributary 1............... At the confluence with None +18 Unincorporated Areas of Lateral J. Indian River County. Approximately 1,450 None +20 feet upstream of the confluence with Lateral J. Lateral J Tributary 1-1............. Just upstream of 18th None +18 Unincorporated Areas of Place Southwest. Indian River County. Approximately 1,750 None +20 feet upstream of 18th Place Southwest. Lateral J Tributary 1-2............. At the confluence with None +18 Unincorporated Areas of Lateral J Tributary 1. Indian River County. Approximately 1.1 mile None +22 upstream of the confluence with Lateral J Tributary 1. ML-1................................ Within area of multiple None +21 Unincorporated Areas of ponding areas bounded Indian River County. by 17th Street Southwest to the north, 43rd Avenue Southwest to the west, 25th Street Southwest to the south, and 27th Avenue Southwest to the east. [[Page 67312]] ML-2................................ Within area of multiple None +22 Unincorporated Areas of ponding areas bounded Indian River County. by 17th Street Southwest to the north, 43rd Avenue Southwest to the west, 25th Street Southwest to the south, and 27th Avenue Southwest to the east. ML-3................................ Within area of multiple None +21 Unincorporated Areas of ponding areas bounded Indian River County. by 17th Street Southwest to the north, 43rd Avenue Southwest to the west, 25th Street Southwest to the south, and 27th Avenue Southwest to the east. ML-4................................ Within area of multiple None +21 Unincorporated Areas of ponding areas bounded Indian River County. by 17th Street Southwest to the north, 43rd Avenue Southwest to the west, 25th Street Southwest to the south, and 27th Avenue Southwest to the east. ML-5................................ Within area of multiple None +21 Unincorporated Areas of ponding areas bounded Indian River County. by 17th Street Southwest to the north, 43rd Avenue Southwest to the west, 25th Street Southwest to the south, and 27th Avenue Southwest to the east. ML-6................................ Within area of multiple None +20 Unincorporated Areas of ponding areas bounded Indian River County. by 17th Street Southwest to the north, 43rd Avenue Southwest to the west, 25th Street Southwest to the south, and 27th Avenue Southwest to the east. ML-7................................ Within area of multiple None +21 Unincorporated Areas of ponding areas bounded Indian River County. by 17th Street Southwest to the north, 43rd Avenue Southwest to the west, 25th Street Southwest to the south, and 27th Avenue Southwest to the east. ML-8................................ Within area of multiple None +20 Unincorporated Areas of ponding areas bounded Indian River County. by 17th Street Southwest to the north, 43rd Avenue Southwest to the west, 25th Street Southwest to the south, and 27th Avenue Southwest to the east. ML-9................................ Within area of multiple None +20 Unincorporated Areas of ponding areas bounded Indian River County. by 17th Street Southwest to the north, 43rd Avenue Southwest to the west, 25th Street Southwest to the south, and 27th Avenue Southwest to the east. ML-10............................... Within area of multiple None +20 Unincorporated Areas of ponding areas bounded Indian River County. by 17th Street Southwest to the north, 43rd Avenue Southwest to the west, 25th Street Southwest to the south, and 27th Avenue Southwest to the east. ML-11............................... Within area of multiple None +20 Unincorporated Areas of ponding areas bounded Indian River County. by 17th Street Southwest to the north, 43rd Avenue Southwest to the west, 25th Street Southwest to the south, and 27th Avenue Southwest to the east. ML-12............................... Within area of multiple None +20 Unincorporated Areas of ponding areas bounded Indian River County. by 17th Street Southwest to the north, 43rd Avenue Southwest to the west, 25th Street Southwest to the south, and 27th Avenue Southwest to the east. ML-13............................... Within area of multiple None +20 Unincorporated Areas of ponding areas bounded Indian River County. by 17th Street Southwest to the north, 43rd Avenue Southwest to the west, 25th Street Southwest to the south, and 27th Avenue Southwest to the east. ML-14............................... Within area of multiple None +21 Unincorporated Areas of ponding areas bounded Indian River County. by 17th Street Southwest to the north, 43rd Avenue Southwest to the west, 25th Street Southwest to the south, and 27th Avenue Southwest to the east. ML-15............................... Within area of multiple None +22 Unincorporated Areas of ponding areas bounded Indian River County. by 17th Street Southwest to the north, 43rd Avenue Southwest to the west, 25th Street Southwest to the south, and 27th Avenue Southwest to the east. ML-16............................... Within area of multiple None +20 Unincorporated Areas of ponding areas bounded Indian River County. by 17th Street Southwest to the north, 43rd Avenue Southwest to the west, 25th Street Southwest to the south, and 27th Avenue Southwest to the east. ML-17............................... Within area of multiple None +20 Unincorporated Areas of ponding areas bounded Indian River County. by 17th Street Southwest to the north, 43rd Avenue Southwest to the west, 25th Street Southwest to the south, and 27th Avenue Southwest to the east. [[Page 67313]] ML-18............................... Within area of multiple None +20 Unincorporated Areas of ponding areas bounded Indian River County. by 17th Street Southwest to the north, 43rd Avenue Southwest to the west, 25th Street Southwest to the south, and 27th Avenue Southwest to the east. ML-19............................... Within area of multiple None +20 Unincorporated Areas of ponding areas bounded Indian River County. by 17th Street Southwest to the north, 43rd Avenue Southwest to the west, 25th Street Southwest to the south, and 27th Avenue Southwest to the east. ML-20............................... Within area of multiple None +20 Unincorporated Areas of ponding areas bounded Indian River County. by 17th Street Southwest to the north, 43rd Avenue Southwest to the west, 25th Street Southwest to the south, and 27th Avenue Southwest to the east. ML-21............................... Within area of multiple None +21 Unincorporated Areas of ponding areas bounded Indian River County. by 17th Street Southwest to the north, 43rd Avenue Southwest to the west, 25th Street Southwest to the south, and 27th Avenue Southwest to the east. ML-22............................... Within area of multiple None +21 Unincorporated Areas of ponding areas bounded Indian River County. by 17th Street Southwest to the north, 43rd Avenue Southwest to the west, 25th Street Southwest to the south, and 27th Avenue Southwest to the east. ML-23............................... Within area of multiple None +21 Unincorporated Areas of ponding areas bounded Indian River County. by 17th Street Southwest to the north, 43rd Avenue Southwest to the west, 25th Street Southwest to the south, and 27th Avenue Southwest to the east. ML-24............................... Within area of multiple None +20 Unincorporated Areas of ponding areas bounded Indian River County. by 17th Street Southwest to the north, 43rd Avenue Southwest to the west, 25th Street Southwest to the south, and 27th Avenue Southwest to the east. ML-25............................... Within area of multiple None +22 Unincorporated Areas of ponding areas bounded Indian River County. by 17th Street Southwest to the north, 43rd Avenue Southwest to the west, 25th Street Southwest to the south, and 27th Avenue Southwest to the east. ML-26............................... Within area of multiple None +20 Unincorporated Areas of ponding areas bounded Indian River County. by 17th Street Southwest to the north, 43rd Avenue Southwest to the west, 25th Street Southwest to the south, and 27th Avenue Southwest to the east. P-1................................. Within area of multiple None +19 City of Sebastian. ponding areas bounded by Barber Street to the north and west, 85th Street to the south, and U.S. Route 1 to the east. P-2................................. Within area of multiple None +18 City of Sebastian. ponding areas bounded by Barber Street to the north and west, 85th Street to the south, and U.S. Route 1 to the east. P-3................................. Within area of multiple None +18 City of Sebastian. ponding areas bounded by Barber Street to the north and west, 85th Street to the south, and U.S. Route 1 to the east. SH-1................................ Within area of multiple None +22 City of Sebastian. ponding areas bounded by Main Street to the north and west, and Sebastian Boulevard to the south and east. SH-2................................ Within area of multiple None +22 City of Sebastian. ponding areas bounded by Main Street to the north and west, and Sebastian Boulevard to the south and east. SH-3................................ Within area of multiple None +22 City of Sebastian. ponding areas bounded by Main Street to the north and west, and Sebastian Boulevard to the south and east. SH-4................................ Within area of multiple None +22 City of Sebastian. ponding areas bounded by Main Street to the north and west, and Sebastian Boulevard to the south and east. SH-5................................ Within area of multiple None +22 City of Sebastian. ponding areas bounded by Main Street to the north and west, and Sebastian Boulevard to the south and east. SH-6................................ Within area of multiple None +22 City of Sebastian. ponding areas bounded by Main Street to the north and west, and Sebastian Boulevard to the south and east. [[Page 67314]] SH-7................................ Within area of multiple None +22 City of Sebastian. ponding areas bounded by Main Street to the north and west, and Sebastian Boulevard to the south and east. SH-8................................ Within area of multiple None +21 City of Sebastian. ponding areas bounded by Main Street to the north and west, and Sebastian Boulevard to the south and east. SH-9................................ Within area of multiple None +21 City of Sebastian. ponding areas bounded by Main Street to the north and west, and Sebastian Boulevard to the south and east. SH-10............................... Within area of multiple None +20 City of Sebastian. ponding areas bounded by Main Street to the north and west, and Sebastian Boulevard to the south and east. SH-11............................... Within area of multiple None +21 City of Sebastian. ponding areas bounded by Main Street to the north and west, and Sebastian Boulevard to the south and east. SH-12............................... Within area of multiple None +22 City of Sebastian. ponding areas bounded by Main Street to the north and west, and Sebastian Boulevard to the south and east. SH-13............................... Within area of multiple None +23 City of Sebastian. ponding areas bounded by Main Street to the north and west, and Sebastian Boulevard to the south and east. SL-1................................ Within area of multiple None +21 City of Sebastian. ponding areas bounded by Sebastian Boulevard to the north and west, Genesee Avenue to the south, and Laconia Street to the east. SL-5................................ Within area of multiple None +20 City of Sebastian. ponding areas bounded by Sebastian Boulevard to the north and west, Genesee Avenue to the south, and Laconia Street to the east. SL-6................................ Within area of multiple None +20 City of Sebastian. ponding areas bounded by Sebastian Boulevard to the north and west, Genesee Avenue to the south, and Laconia Street to the east. SL-7................................ Within area of multiple None +20 City of Sebastian. ponding areas bounded by Sebastian Boulevard to the north and west, Genesee Avenue to the south, and Laconia Street to the east. SL-8................................ Within area of multiple None +21 City of Sebastian. ponding areas bounded by Sebastian Boulevard to the north and west, Genesee Avenue to the south, and Laconia Street to the east. SL-9................................ Within area of multiple None +20 City of Sebastian. ponding areas bounded by Sebastian Boulevard to the north and west, Genesee Avenue to the south, and Laconia Street to the east. SL-10............................... Within area of multiple None +20 City of Sebastian. ponding areas bounded by Sebastian Boulevard to the north and west, Genesee Avenue to the south, and Laconia Street to the east. SL-11............................... Within area of multiple None +20 City of Sebastian. ponding areas bounded by Sebastian Boulevard to the north and west, Genesee Avenue to the south, and Laconia Street to the east. SL-12............................... Within area of multiple None +21 City of Sebastian. ponding areas bounded by Sebastian Boulevard to the north and west, Genesee Avenue to the south, and Laconia Street to the east. SL-13............................... Within area of multiple None +20 City of Sebastian. ponding areas bounded by Sebastian Boulevard to the north and west, Genesee Avenue to the south, and Laconia Street to the east. SL-14............................... Within area of multiple None +20 City of Sebastian. ponding areas bounded by Sebastian Boulevard to the north and west, Genesee Avenue to the south, and Laconia Street to the east. SL-15............................... Within area of multiple None +20 City of Sebastian. ponding areas bounded by Sebastian Boulevard to the north and west, Genesee Avenue to the south, and Laconia Street to the east. SL-16............................... Within area of multiple None +14 City of Sebastian. ponding areas bounded by Genesee Avenue to the north, Stony Point Drive to the west, and Stonecrop Street to the south and east. SL-17............................... Within area of multiple None +15 City of Sebastian. ponding areas bounded by Crystal Mist Avenue to the north, Laconia Street to the west, Concha Drive to the south, and Clearbrook Street to the east. [[Page 67315]] SL-18............................... Within area of multiple None +19 City of Sebastian. ponding areas bounded by Benedictine Terrace to the north, Cheltenham Street to the west, Rolling Hill Drive to the south, and Cownie Lane to the east. SL-19............................... Within area of multiple None +20 City of Sebastian. ponding areas bounded by Belfast Terrace to the north, Haverford Lane to the west, Browning Terrace to the south, and Coverbrook Lane to the east. Schumann Waterway................... Approximately 250 feet None +15 City of Sebastian, downstream of Schumann Unincorporated Areas Drive. of Indian River County. Approximately 0.7 mile None +23 upstream of Schumann Drive. Stream 1............................ Approximately 207 feet None +22 Unincorporated Areas of upstream of 14th Indian River County. Street Southwest. Just upstream of 17th None +22 Street Southwest. Vero Lakes Channel A (Landward of Just upstream of 85th None +20 Unincorporated Areas of Right Levee). Street. Indian River County. Approximately 2.7 miles None +23 upstream of 85th 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. ** 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 Sebastian Maps are available for inspection at City Hall, 1225 Main Street, Sebastian, FL 32958. Unincorporated Areas of Indian River County Maps are available for inspection at the Indian River County Administration Building, 1840 25th Street, Vero Beach, FL 32960. ---------------------------------------------------------------------------------------------------------------- Boone County, Indiana, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Etter Ditch......................... Approximately 530 feet None +914 Town of Whitestown, downstream of Wilson Unincorporated Areas Road. of Boone County. Just upstream of None +928 Indianapolis Road. Fishback Creek...................... Approximately 0.53 mile None +897 City of Lebanon, Town downstream of County of Whitestown, Road 550 South. Unincorporated Areas of Boone County. Approximately 0.61 mile None +949 upstream of County Road 400 East. Green Ditch......................... At the confluence with None +916 Town of Whitestown. Etter Ditch. Just upstream of South None +922 Cozy Lane. Mann Ditch.......................... At the confluence with +935 +932 City of Lebanon, Prairie Creek. Unincorporated Areas of Boone County. Approximately 0.46 mile +935 +933 upstream of the confluence with Prairie Creek. Prairie Creek....................... Approximately 1,320 None +875 City of Lebanon, feet downstream of Unincorporated Areas 221st Street. of Boone County. Approximately 0.94 mile +950 +945 upstream of Indianapolis Road. White Lick Creek.................... Approximately 0.22 mile None +929 Town of Whitestown, downstream of County Unincorporated Areas Road 650 South. of Boone County. Approximately 0.53 mile None +947 upstream of State Road 267. ---------------------------------------------------------------------------------------------------------------- * National Geodetic Vertical Datum. + North American Vertical Datum. [[Page 67316]] 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 Lebanon Maps are available for inspection at the Lebanon Municipal Building, 401 South Meridian Street, Lebanon, IN 46052. Town of Whitestown Maps are available for inspection at the Town Hall, 3 South Main Street, Whitestown, IN 46075. Unincorporated Areas of Boone County Maps are available for inspection at the Boone County Area Plan Commission, 116 West Washington Street, Lebanon, IN 46052. ---------------------------------------------------------------------------------------------------------------- Marshall County, Indiana, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Yellow River........................ At East 4th Road....... None +800 Unincorporated Areas of Marshall County. Approximately 0.57 mile None +800 upstream of East 4th 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 Unincorporated Areas of Marshall County Maps are available for inspection at the Marshall County Government Office, 112 West Jefferson Street, Plymouth, IN 46563. ---------------------------------------------------------------------------------------------------------------- Perry County, Mississippi, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Leaf River.......................... Approximately 0.6 mile None +89 Unincorporated Areas of downstream of State Perry County. Highway 15. Approximately 0.5 mile None +91 upstream of State Highway 15. ---------------------------------------------------------------------------------------------------------------- * 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 Unincorporated Areas of Perry County Maps are available for inspection at the Perry County Courthouse, 103 1st Street, New Augusta, MS 39462. ---------------------------------------------------------------------------------------------------------------- [[Page 67317]] (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. 2010-27584 Filed 11-1-10; 8:45 am] BILLING CODE 9110-12-P