[Federal Register Volume 75, Number 211 (Tuesday, November 2, 2010)] [Proposed Rules] [Pages 67317-67321] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2010-27585] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1149] 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-1149, 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 67318]] ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ * Elevation in feet (NGVD + Elevation in feet (NAVD)Depth in feet above State City/town/county Source of flooding Location ** ground [caret] Elevation in meters (MSL) ------------------------- Existing Modified ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Unincorporated Areas of Butte-Silver Bow County, Montana ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Montana.............................. Unincorporated Areas of Basin Creek.............................. Approximately 1,000 feet upstream of I-90................. +5468 +5469 Butte-Silver Bow County. Approximately 40 feet downstream of Mormon Church Road.... +5495 +5494 Montana.............................. Unincorporated Areas of Sand Creek............................... Approximately 90 feet downstream of Evans Avenue.......... +5460 +5456 Butte-Silver Bow County. Approximately 50 feet upstream of Chicago, Milwaukee, St. +5545 +5547 Paul and Pacific Railroad. Montana.............................. Unincorporated Areas of Sand Creek Diversion..................... Approximately 500 feet upstream of Elizabeth Warren Avenue None +5484 Butte-Silver Bow County. Approximately 100 feet downstream of Harrison Avenue...... None +5514 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ * National Geodetic Vertical Datum. Depth in feet above ground. + North American Vertical Datum. [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 Butte-Silver Bow County Maps are available for inspection at 155 West Granite Street, Room 108, Butte, MT 59701. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ City of Sioux Falls, South Dakota ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ South Dakota........................ City of Sioux Falls..... Big Sioux River.......................... Approximately 0.5 mile downstream of Cliff Avenue, None +1320 landward of north levee. Approximately 1,800 feet upstream of Cliff Avenue, None +1324 landward of north levee. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ * National Geodetic Vertical Datum. Depth in feet above ground. + North American Vertical Datum. [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 Sioux Falls Maps are available for inspection at 224 West 9th Street, Sioux Falls, SD 57117. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ [[Page 67319]] ---------------------------------------------------------------------------------------------------------------- * 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 ---------------------------------------------------------------------------------------------------------------- Jackson County, Arkansas, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Cache River......................... Approximately 1.06 mile None +223 Unincorporated Areas of downstream of the Jackson County. confluence with Browns Creek Ditch. Approximately 0.57 mile None +224 downstream of the confluence with Browns Creek Ditch. Swan Pond Ditch..................... Just upstream of the None +227 Unincorporated Areas of confluence with Jackson County. Tuckerman Ditch. Just upstream of State None +227 Highway 37. Tuckerman Ditch..................... Just upstream of the None +236 City of Tuckerman, confluence with Unincorporated Areas Village Creek. of Jackson County. Approximately 0.57 mile None +242 downstream of County Road 620. Village Creek....................... Just upstream of the None +227 Unincorporated Areas of confluence with the Jackson County. White River. Just downstream of None +242 State Highway 37. ---------------------------------------------------------------------------------------------------------------- * 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 Tuckerman Maps are available for inspection at 200 West Main Street, Tuckerman, AR 72473. Unincorporated Areas of Jackson County Maps are available for inspection at the Jackson County Courthouse, 208 Main Street, Newport, AR 72112. ---------------------------------------------------------------------------------------------------------------- Hernando County, Florida, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Blue Sink Watershed................. Approximately 700 feet None +41 City of Brooksville, downstream of Duck Unincorporated Areas Pond Road (at Junction of Hernando County. 1NP0170). Approximately 100 feet None +236 upstream of Chinsegut Hill Road (at Junction 1NE0500). Bystre Lake Watershed............... Approximately 280 feet None +56 City of Brooksville, downstream of Unincorporated Areas Weatherly Road (at of Hernando County. Junction 2NG1980). Approximately 2,800 None +256 feet upstream of Griffin Road (at Junction 2NC1010). Centralia Watershed................. Approximately 1 mile None +8 Unincorporated Areas of downstream of the Hernando County. intersection of U.S. Route 19 and Knuckey Road (at Junction 3NJ1550). Approximately 1,200 None +186 feet upstream of Barrientos Lane (at Junction 3NR2100). Chassahowitzka River Watershed...... Approximately 850 feet None +7 Unincorporated Areas of downstream of the Hernando County. intersection U.S. Route 19 and Nicasio Jay Avenue (at Junction 4NK1450). Approximately 2,000 None +158 feet upstream of the intersection of Citrus Road and Thompson Loop (at Junction 4NC0900). Croom Watershed..................... Approximately 1,000 None +42 City of Brooksville, feet downstream of Unincorporated Areas Malvern Street (at of Hernando County. Junction 6NA0266). Approximately 400 feet None +201 upstream of La Ruth Road (at Junction 6NC0405). Eastern Hernando Withlacoochee River Approximately 2,600 None +41 Unincorporated Areas of Watershed. feet downstream of the Hernando County. intersection of Nobleton Croom Road and Trail 9 (at Junction 7NB1530). [[Page 67320]] Approximately 2,000 None +152 feet upstream of the intersection of Poe County Lane and Power Line Road (at Junction 7NH0398). Little Withlacoochee River Watershed Approximately 2,300 None +56 Unincorporated Areas of feet downstream of End Hernando County. of Nations Road, at the confluence of the Withlacoochee and Little Withlacoochee Rivers (at Junction 8NE0020). Approximately 600 feet None +90 upstream of Carter Pond Road (at Junction 8NA9044). Lizzie Hart Sink Watershed.......... Approximately 50 feet None +43 Unincorporated Areas of downstream of the Hernando County. intersection of Brittle Road and Forest 24 Road (at Junction 9NF0040). Approximately 5,000 None +164 feet upstream of the intersection of Jones Road and Snow Hill Road (at Junction 9NC0330). McKethan Watershed.................. Approximately 3,000 None +38 Unincorporated Areas of feet downstream of Hernando County. U.S. Route 41 and the Citrus County boundary (at Junction 10NF1000). Approximately 850 feet None +233 upstream of the intersection of Chinsegut Hill Road and Pilots Path (at Junction 10NC0012). Oman Quarry Watershed............... Approximately 220 feet None +9 Unincorporated Areas of downstream of Hernando County. Windjammer Drive (at Junction 11NB0070). Approximately 50 feet None +37 upstream of the intersection of Gerbert Street and William Street (at Junction 11NI0080). Powell Watershed.................... Approximately 750 feet +69 +62 City of Brooksville, downstream of State Unincorporated Areas Prison Drive (at of Hernando County. Junction 13NB0095). Approximately 2,000 None +134 feet upstream of the intersection of Powell Road and Mars Road (at Junction 13NK0240). Spring Hill Lakes Watershed......... Approximately 4,500 None +10 Town of Weeki Wachee, feet downstream of Unincorporated Areas intersection at of Hernando County. Suzanne Drive and Commercial Way (at Junction 14NAA0080). Approximately 50 feet None +69 upstream of the intersection of Palmgren Lane and Mariner Boulevard (at Junction 14NG0425). Toachodka Watershed................. Approximately 600 feet None +64 Unincorporated Areas of downstream of the Hernando County. intersection of Hickory Hill Road and Lockhart Road (at Junction 16NE0510). Approximately 2,100 None +225 feet upstream of the intersection of Spring Hill Highway and Rosecrans Street (at Junction 16NA2680). Tooke Watershed..................... Approximately 1,600 None +1 Town of Weeki Wachee, feet downstream of Unincorporated Areas Porpoise Street (at of Hernando County. Junction 17NK1000). Approximately 100 feet None +107 upstream of the intersection of Star Road and Madison Street (at Junction 17NB5230). Weeki Wachee Prairie Watershed...... Approximately 400 feet None +19 Unincorporated Areas of downstream of the Hernando County. intersection of Azora Road and Watt Avenue (at Junction 18NA2170). Approximately 100 feet None +76 upstream of the intersection of Spring Hill Drive and Whitewood Avenue (at Junction 18NB1065). Willow Sink Watershed............... Approximately 100 feet None +19 Unincorporated Areas of downstream of the Hernando County. intersection of Lynn Road and India Drive (at Junction 19NG2360). Approximately 100 feet None +101 upstream of the intersection of Star Road and Jayson Road (at Junction 19WISCON1). Wiscon Watershed.................... Approximately 380 feet None +25 Unincorporated Areas of downstream of the Hernando County. intersection of Elwood Road and Tacoma Avenue (at Junction 20NS0200). [[Page 67321]] Approximately 800 feet None +153 upstream of Dusty Pine Trail (at Junction 20NK0034). ---------------------------------------------------------------------------------------------------------------- * 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 Brooksville Maps are available for inspection at 201 Howell Avenue, Brooksville, FL 34601. Town of Weeki Wachee Maps are available for inspection at 6131 Commercial Way, Weeki Wachee, FL 34606. Unincorporated Areas of Hernando County Maps are available for inspection at 20 North Main Street, Brooksville, FL 34601. ---------------------------------------------------------------------------------------------------------------- (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. 2010-27585 Filed 11-1-10; 8:45 am] BILLING CODE 9110-12-P