[Federal Register Volume 75, Number 234 (Tuesday, December 7, 2010)] [Proposed Rules] [Pages 75941-75945] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2010-30609] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1164] 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 March 7, 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-1164, 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) [email protected]. 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) [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. [[Page 75942]] 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 ---------------------------------------------------------------------------------------------------------------- St. Lucie County, Florida, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Canal 8............................. At the confluence with None +12 City of Fort Pierce, Fivemile Creek. Unincorporated Areas of St. Lucie County. Approximately 1,385 None +18 feet upstream of Summit Street. Fivemile Creek...................... At Peterson Road....... None +16 City of Fort Pierce, Unincorporated Areas of St. Lucie County. Approximately 0.5 mile None +16 upstream of Peterson Road. Howard Creek........................ Approximately 1,635 None +6 City of Port St. Lucie, feet downstream of Unincorporated Areas Southeast Ballantrae of St. Lucie County. Boulevard. Approximately 0.6 mile None +13 upstream of Southeast Westmoreland Boulevard. Ponding Area........................ Ponding area bounded by None +15 City of Fort Pierce, Virginia Park Unincorporated Areas Boulevard to the of St. Lucie County. north, west, and south, and South 35th Street to the east. Ponding Area........................ Ponding area bounded by None +15 City of Fort Pierce, State Highway 70 to Unincorporated Areas the north, South 35th of St. Lucie County. Street to the west, Cortez Boulevard to the south, and South 29th Street to the east. Ponding Area........................ Ponding area bounded by None +16 City of Fort Pierce, State Highway 70 to Unincorporated Areas the north, South 29th of St. Lucie County. Street to the west, Cortez Boulevard to the south, and Placid Avenue to the east.. Ponding Area........................ Ponding area bounded by None +17 City of Fort Pierce, Royal Palm Drive to Unincorporated Areas the north, South 25th of St. Lucie County. Street to the west, Cortez Boulevard to the south, and South 19th Street to the east. Ponding Area........................ Ponding area bounded by None +17 City of Fort Pierce, Cortez Boulevard to Unincorporated Areas the north, South 25th of St. Lucie County. Street to the west, Edwards Road to the south, and Admiral Street to the east. Ponding Area........................ Ponding area bounded by None +14 City of Fort Pierce. Arnold Road to the north, Fivemile Creek to the west, Kirby Loop Road to the south, and Virginia Park Boulevard to the east. Ponding Area........................ Ponding area bounded by None +16 City of Fort Pierce. State Highway 70 to the north, South 35th Street to the west, Cortez Boulevard to the south, and South 29th Street to the east. Ponding Area........................ Ponding area bounded by None +17 City of Fort Pierce. State Highway 70 to the north, South 35th Street to the west, Cortez Boulevard to the south, and South 29th Street to the east. Ponding Area........................ Ponding area bounded by None +17 City of Fort Pierce. Linda Sue Circle to the north, west, south, and east. Tenmile Creek Tributary............. At McCarty Road........ None +19 City of Port St. Lucie, Unincorporated Areas of St. Lucie County. [[Page 75943]] Approximately 1,400 None +21 feet upstream of Newell Road. ---------------------------------------------------------------------------------------------------------------- * National Geodetic Vertical Datum. + North American Vertical Datum. Depth in feet above ground. [and] 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 Fort Pierce Maps are available for inspection at City Hall, 100 North U.S. Highway 1, Fort Pierce, FL 34950. City of Port St. Lucie Maps are available for inspection at City Hall, 121 Southwest Port St. Lucie Boulevard, Port St. Lucie, FL 34984. Unincorporated Areas of St. Lucie County Maps are available for inspection at the St. Lucie County Building Department, 2300 Virginia Avenue, Fort Pierce, FL 34982. ---------------------------------------------------------------------------------------------------------------- Wayne County, Michigan (All Jurisdictions) ---------------------------------------------------------------------------------------------------------------- McClaughrey Drain................... Just downstream of Van None +662 City of Romulus, City Born Road. of Wayne, Township of Van Buren. Just downstream of I- None +669 275 North. ---------------------------------------------------------------------------------------------------------------- * National Geodetic Vertical Datum. + North American Vertical Datum. Depth in feet above ground. [and] 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 Romulus Maps are available for inspection at 11111 Wayne Road, Romulus, MI 48174. City of Wayne Maps are available for inspection at 4001 South Wayne Road, Wayne, MI 48184. Township of Van Buren Maps are available for inspection at 46425 Tyler Road, Van Buren Township, MI 48111. ---------------------------------------------------------------------------------------------------------------- Harris County, Texas, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- K100-00-00 (Cypress Creek).......... Approximately 0.57 mile +78 +79 City of Houston, downstream of Unincorporated Areas Treaschwig Road. of Harris County. Approximately 1.1 miles +172 +173 upstream of the Waller County boundary. K111-00-00 (Turkey Creek)........... Approximately 1,100 +91 +90 Unincorporated Areas of feet downstream of Harris County. Hardy Toll Road. Approximately 650 feet +104 +105 upstream of North Vista Drive. K116-00-00 (Schulz Gully) (backwater At the confluence with +84 +85 Unincorporated Areas of effects from Cypress Creek). Cypress Creek. Harris County. Approximately 920 feet +84 +85 downstream of Aldine Westfield Road. K120-00-00 (Lemm Gully) (backwater At the confluence with +91 +92 Unincorporated Areas of effects from Cypress Creek). Cypress Creek. Harris County. Approximately 0.4 mile +91 +92 upstream of Lockridge Drive. [[Page 75944]] K120-01-00 (Senger Gully) (backwater At the confluence with +91 +92 City of Houston, effects from Cypress Creek). Lemm Gully. Unincorporated Areas of Harris County. Approximately 100 feet +91 +92 upstream of I-45. K124-00-00 (Seals Gully)............ Approximately 1,400 +101 +102 Unincorporated Areas of feet downstream of Harris County. Candle Creek Road. Approximately 500 feet +124 +125 upstream of Spring Cypress Road. K131-00-00 (Spring Gully)........... At the confluence with +108 +106 Unincorporated Areas of Cypress Creek. Harris County. Approximately 200 feet +136 +137 downstream of Spring Cypress Road. K131-03-03 (Tributary 2.1 to Spring At the confluence with +114 +112 Unincorporated Areas of Gully) (backwater effects from Spring Gully. Harris County. Spring Gully). Just upstream of T.C. +114 +112 Jester Boulevard. K131-04-00 (Tributary to Spring At the confluence with +123 +121 Unincorporated Areas of Gully) (backwater effects from Spring Gully. Harris County. Spring Gully). Approximately 1,600 +123 +122 feet upstream of the confluence with Spring Gully. K133-00-00 (Dry Gully) (backwater At the confluence with +113 +112 Unincorporated Areas of effects from Cypress Creek). Cypress Creek. Harris County. Approximately 400 feet +113 +112 upstream of Champions Forest Drive. K140-00-00 (Pillot Gully) (backwater At the confluence with +119 +118 Unincorporated Areas of effects from Cypress Creek). Cypress Creek. Harris County. Just downstream of +119 +118 River Park Drive. K142-00-00 (Faulkey Gully).......... At the confluence with +124 +122 Unincorporated Areas of Cypress Creek. Harris County. Just downstream of +124 +123 Lakewood Forest Drive. K145-00-00 (Dry Creek) (backwater At the confluence with +140 +139 Unincorporated Areas of effects from Cypress Creek). Cypress Creek. Harris County. Just downstream of +140 +139 Jarvis Road. K152-00-00 (Tributary 37.1 to Approximately 1,500 +149 +148 Unincorporated Areas of Cypress Creek). feet upstream of the Harris County. confluence with Cypress Creek. Approximately 920 feet +153 +151 downstream of U.S. Route 290. K155-00-00 (Tributary 40.7 to At the confluence with +156 +158 Unincorporated Areas of Cypress Creek). Cypress Creek. Harris County. Approximately 1,580 +198 +197 feet downstream of U.S. Route 290. K157-00-00 (Tributary 42.7 to At the confluence with +159 +163 Unincorporated Areas of Cypress Creek). Cypress Creek. Harris County. Approximately 2 miles +197 +196 upstream of Jack Road. K159-00-00 (Channel A to Cypress At the confluence with +150 +151 Unincorporated Areas of Creek) (backwater effects from Cypress Creek. Harris County. Cypress Creek). Approximately 1,900 +150 +151 feet upstream of the confluence with Cypress Creek. K160-00-00 (Rock Hollow)............ At the confluence with +161 +163 Unincorporated Areas of Cypress Creek. Harris County. Approximately 980 feet +207 +206 upstream of Mound Road. K160-01-00 (Tributary 1.63 to Rock Approximately 0.6 mile +167 +166 Unincorporated Areas of Hollow). upstream of the Harris County. confluence with Rock Hollow. Approximately 2.8 miles +193 +192 upstream of the confluence with Rock Hollow. K185-00-00 and K172-00-00 (Tributary At the Cypress Creek +164 +166 Unincorporated Areas of 44.5 to Cypress Creek). confluence with K185- Harris County. 00-00. Approximately 0.7 mile +208 +206 downstream of Mound Road. [[Page 75945]] L100-00-00 (Little Cypress Creek) At the confluence with +131 +130 Unincorporated Areas of (backwater effects from Cypress Cypress Creek. Harris County. Creek). Approximately 1,500 +131 +130 feet upstream of the confluence with Cypress Creek. ---------------------------------------------------------------------------------------------------------------- * National Geodetic Vertical Datum. + North American Vertical Datum. Depth in feet above ground. [and] 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 Houston Maps are available for inspection at the Floodplain Management Office, 3300 Main Street, 1st Floor, Houston, TX 77002. Unincorporated Areas of Harris County Maps are available for inspection at the Harris County Permit Office, 10555 Northwest Freeway, Suite 120, Houston, TX 77092. ---------------------------------------------------------------------------------------------------------------- (Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'') Dated: November 23, 2010. Sandra K. Knight, Deputy Federal Insurance and Mitigation Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2010-30609 Filed 12-6-10; 8:45 am] BILLING CODE 9110-12-P