[Federal Register Volume 76, Number 81 (Wednesday, April 27, 2011)] [Proposed Rules] [Pages 23528-23535] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2011-10097] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-B-1184] 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 proposed rule 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 July 26, 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-1184, 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 [[Page 23529]] 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. 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)Depth in feet above Flooding source(s) Location of referenced ground [caret] Communities affected elevation ** Elevation in meters (MSL) -------------------------- Effective Modified ---------------------------------------------------------------------------------------------------------------- Polk County, Florida, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Lake B--ICPR Node Lake B............ Entire shoreline....... None +67 Unincorporated Areas of Polk County. Lake Marion Creek................... Approximately 1 mile +56 +57 Unincorporated Areas of upstream of the Lake Polk County. Hatchineha confluence. At the Lake Marion None +67 Creek Outlet and Snell Creek confluence. Lake Marion Creek Outlet............ At the Lake Marion None +67 Unincorporated Areas of Creek and Snell Creek Polk County. confluence. At the Lake Marion None +68 confluence. Lake Polk--ICPR Node Lake Polk...... Entire shoreline....... None +67 Unincorporated Areas of Polk County. London Creek Watershed Unnamed Pond-- Entire shoreline....... None +70 Unincorporated Areas of ICPR Node 28A1. Polk County. London Creek Watershed Unnamed Pond-- Entire shoreline....... None +64 Unincorporated Areas of ICPR Node 28A10. Polk County. London Creek Watershed Unnamed Pond-- Entire shoreline....... None +64 Unincorporated Areas of ICPR Node 28A11. Polk County. London Creek Watershed Unnamed Pond-- Entire shoreline....... None +64 Unincorporated Areas of ICPR Node 28A12. Polk County. London Creek Watershed Unnamed Pond-- Entire shoreline....... None +63 Unincorporated Areas of ICPR Node 28A13. Polk County. London Creek Watershed Unnamed Pond-- Entire shoreline....... None +68 Unincorporated Areas of ICPR Node 28A2. Polk County. London Creek Watershed Unnamed Pond-- Entire shoreline....... None +70 Unincorporated Areas of ICPR Node 28A20. Polk County. [[Page 23530]] London Creek Watershed Unnamed Pond-- Entire shoreline....... None +70 Unincorporated Areas of ICPR Node 28A21. Polk County. London Creek Watershed Unnamed Pond-- Entire shoreline....... None +70 Unincorporated Areas of ICPR Node 28A22. Polk County. London Creek Watershed Unnamed Pond-- Entire shoreline....... None +67 Unincorporated Areas of ICPR Node 28A3. Polk County. London Creek Watershed Unnamed Pond-- Entire shoreline....... None +65 Unincorporated Areas of ICPR Node 28A5. Polk County. London Creek Watershed Unnamed Pond-- Entire shoreline....... None +65 Unincorporated Areas of ICPR Node 28A6. Polk County. London Creek Watershed Unnamed Pond-- Entire shoreline....... None +65 Unincorporated Areas of ICPR Node 28A7. Polk County. London Creek Watershed Unnamed Pond-- Entire shoreline....... None +63 Unincorporated Areas of ICPR Node 28A8. Polk County. London Creek Watershed Unnamed Pond-- Entire shoreline....... None +64 Unincorporated Areas of ICPR Node 28A9. Polk County. London Creek Watershed Unnamed Pond-- Entire shoreline....... None +70 Unincorporated Areas of ICPR Node 28B1. Polk County. London Creek Watershed Unnamed Pond-- Entire shoreline....... None +66 Unincorporated Areas of ICPR Node 28B11. Polk County. London Creek Watershed Unnamed Pond-- Entire shoreline....... None +65 Unincorporated Areas of ICPR Node 28B12. Polk County. London Creek Watershed Unnamed Pond-- Entire shoreline....... None +65 Unincorporated Areas of ICPR Node 28B15. Polk County. London Creek Watershed Unnamed Pond-- Entire shoreline....... None +63 Unincorporated Areas of ICPR Node 28B16. Polk County. London Creek Watershed Unnamed Pond-- Entire shoreline....... None +70 Unincorporated Areas of ICPR Node 28B5. Polk County. London Creek Watershed Unnamed Pond-- Entire shoreline....... None +70 Unincorporated Areas of ICPR Node 28B6. Polk County. London Creek Watershed Unnamed Pond-- Entire shoreline....... None +64 Unincorporated Areas of ICPR Node 28C11. Polk County. London Creek Watershed Unnamed Pond-- Entire shoreline....... None +66 Unincorporated Areas of ICPR Node 28C12. Polk County. London Creek Watershed Unnamed Pond-- Entire shoreline....... None +66 Unincorporated Areas of ICPR Node 28C20. Polk County. London Creek Watershed Unnamed Pond-- Entire shoreline....... None +65 Unincorporated Areas of ICPR Node 28C8. Polk County. London Creek Watershed Unnamed Pond-- Entire shoreline....... None +67 Unincorporated Areas of ICPR Node 28C9. Polk County. London Creek Watershed Unnamed Pond-- Entire shoreline....... None +67 Unincorporated Areas of ICPR Node 28D1. Polk County. London Creek Watershed Unnamed Pond-- Entire shoreline....... None +64 Unincorporated Areas of ICPR Node 28D10. Polk County. [[Page 23531]] London Creek Watershed Unnamed Pond-- Entire shoreline....... None +67 Unincorporated Areas of ICPR Node 28D11. Polk County. London Creek Watershed Unnamed Pond-- Entire shoreline....... None +67 Unincorporated Areas of ICPR Node 28D2. Polk County. London Creek Watershed Unnamed Pond-- Entire shoreline....... None +66 Unincorporated Areas of ICPR Node 28D3. Polk County. London Creek Watershed Unnamed Pond-- Entire shoreline....... None +65 Unincorporated Areas of ICPR Node 28D4. Polk County. London Creek Watershed Unnamed Pond-- Entire shoreline....... None +66 Unincorporated Areas of ICPR Node 28D5. Polk County. London Creek Watershed Unnamed Pond-- Entire shoreline....... None +65 Unincorporated Areas of ICPR Node 28D6. Polk County. London Creek Watershed Unnamed Pond-- Entire shoreline....... None +65 Unincorporated Areas of ICPR Node 28D7. Polk County. London Creek Watershed Unnamed Pond-- Entire shoreline....... None +65 Unincorporated Areas of ICPR Node 28D8. Polk County. London Creek Watershed Unnamed Pond-- Entire shoreline....... None +65 Unincorporated Areas of ICPR Node 28D9. Polk County. London Creek Watershed Unnamed Entire wetland area.... None +68 Unincorporated Areas of Wetland Area--ICPR Node 28W1. Polk County. London Creek Watershed Unnamed Entire wetland area.... None +68 Unincorporated Areas of Wetland Area--ICPR Node 28W10. Polk County. London Creek Watershed Unnamed Entire wetland area.... None +67 Unincorporated Areas of Wetland Area--ICPR Node 28W12. Polk County. London Creek Watershed Unnamed Entire wetland area.... None +67 Unincorporated Areas of Wetland Area--ICPR Node 28W13. Polk County. London Creek Watershed Unnamed Entire wetland area.... None +67 Unincorporated Areas of Wetland Area--ICPR Node 28W28. Polk County. London Creek Watershed Unnamed Entire wetland area.... None +66 Unincorporated Areas of Wetland Area--ICPR Node 28W35. Polk County. London Creek Watershed Unnamed Entire wetland area.... None +63 Unincorporated Areas of Wetland Area--ICPR Node 28W36. Polk County. London Creek Watershed Unnamed Entire wetland area.... None +64 Unincorporated Areas of Wetland Area--ICPR Node 28W39. Polk County. London Creek Watershed Unnamed Entire wetland area.... None +63 Unincorporated Areas of Wetland Area--ICPR Node 28W43. Polk County. London Creek Watershed Unnamed Entire wetland area.... None +63 Unincorporated Areas of Wetland Area--ICPR Node 28W43A. Polk County. London Creek Watershed Unnamed Entire wetland area.... None +63 Unincorporated Areas of Wetland Area--ICPR Node 28W43B. Polk County. London Creek Watershed Unnamed Entire wetland area.... None +63 Unincorporated Areas of Wetland Area--ICPR Node 28W43C. Polk County. London Creek Watershed Unnamed Entire wetland area.... None +65 Unincorporated Areas of Wetland Area--ICPR Node 28W45. Polk County. [[Page 23532]] London Creek Watershed Unnamed Entire wetland area.... None +63 Unincorporated Areas of Wetland Area--ICPR Node 28W61. Polk County. London Creek Watershed Unnamed Entire wetland area.... None +66 Unincorporated Areas of Wetland Area--ICPR Node 28W64. Polk County. London Creek Watershed Unnamed Entire wetland area.... None +65 Unincorporated Areas of Wetland Area--ICPR Node 28W65. Polk County. London Creek Watershed Unnamed Entire wetland area.... None +65 Unincorporated Areas of Wetland Area--ICPR Node 28W72. Polk County. London Creek Watershed Unnamed Entire wetland area.... None +64 Unincorporated Areas of Wetland Area--ICPR Node 28W74. Polk County. London Creek Watershed Unnamed Entire wetland area.... None +68 Unincorporated Areas of Wetland Area--ICPR Node 28W9. Polk County. London Creek Watershed Unnamed Entire wetland area.... None +66 Unincorporated Areas of Wetland Area--ICPR Node 28W91. Polk County. Snell Creek......................... At the Lake Marion None +67 Unincorporated Areas of Creek and Lake Marion Polk County. Creek Outlet confluence. Approximately 1.5 miles None +72 upstream of Cypress Parkway. ---------------------------------------------------------------------------------------------------------------- * National Geodetic Vertical Datum. + North American Vertical Datum. Depth in feet above ground. [caret] Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Polk County Maps are available for inspection at 330 West Church Street, Bartow, FL 33830. ---------------------------------------------------------------------------------------------------------------- East Baton Rouge Parish, Louisiana, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- North Branch Wards Creek............ Approximately 0.46 mile +29 +30 City of Baton Rouge, upstream of I-10 North. Unincorporated Areas of East Baton Rouge Parish. Approximately 1,600 None +52 feet upstream of Albert Drive. Redwood Creek....................... Approximately 900 feet None +92 City of Zachary, downstream of Plank Unincorporated Areas Road. of East Baton Rouge Parish. Approximately 500 feet None +101 upstream of Port- Hudson Pride Road. Sheet flow between McCarroll Drive At North Jefferson None 1 City of Baton Rouge, and North Jefferson Place Circle. Place Circle. Unincorporated Areas of East Baton Rouge Parish. At the intersection of None 1 Richards Drive and McCarroll Drive. Shoe Creek.......................... Approximately 0.58 mile None +59 City of Central. downstream of Hooper Road. Approximately 600 feet None +67 upstream of Gurney Road. Shoe Creek Tributary 1.............. Approximately 1,200 None +60 City of Central. feet downstream of Hooper Road. At the downstream side None +60 of Hooper Road. Shoe Creek Tributary 1A............. At the Shoe Creek None +60 City of Central. Tributary 1 confluence. Approximately 1,500 None +60 feet upstream of the Shoe Creek Tributary 1 confluence. [[Page 23533]] Upper White Bayou................... Approximately 0.66 mile +93 +94 City of Zachary, downstream of Zachary- Unincorporated Areas Slaughter Highway. of East Baton Rouge Parish. Approximately 450 feet +110 +111 downstream of Brian 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 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 Baton Rouge Maps are available for inspection at the Department of Public Works Flood Office, 100 Saint Ferdinand Street, Baton Rouge, LA 70802. City of Central Maps are available for inspection at the Central Municipal Service Center, 22801 Greenwell Springs Road, Suite 3, Greenwell Springs, LA 70739. City of Zachary Maps are available for inspection at the Annex Building, 4650 Main Street, Zachary, LA 70791. Unincorporated Areas of East Baton Rouge Parish Maps are available for inspection at the City of Baton Rouge Department of Public Works Flood Office, 100 Saint Ferdinand Street, Baton Rouge, LA 70802. ---------------------------------------------------------------------------------------------------------------- Nobles County, Minnesota, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- County Ditch No. 12................. Approximately 0.48 mile None +1563 City of Worthington. downstream of U.S. Route 59. Approximately 570 feet None +1566 downstream of U.S. Route 59. County Ditch No. 6.................. Approximately 1,260 None +1570 City of Worthington, feet downstream of Unincorporated Areas U.S. Route 59/State of Nobles County. Highway 60. Approximately 75 feet None +1570 downstream of U.S. Route 59/State Highway 60. Tributary to Kanaranzi Creek........ Approximately 520 feet None +1520 City of Adrian, upstream of the Unincorporated Areas Kanaranzi Creek of Nobles County. confluence. Approximately 1,350 None +1540 feet downstream of 6th Street East. ---------------------------------------------------------------------------------------------------------------- * National Geodetic Vertical Datum. + North American Vertical Datum. Depth in feet above ground. [caret] Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Adrian Maps are available for inspection at City Hall, 209 Maine Avenue, Adrian, MN 56110. City of Worthington Maps are available for inspection at City Hall, 303 9th Street, Worthington, MN 56187. Unincorporated Areas of Nobles County Maps are available for inspection at the Nobles County Government Center, 315 10th Street, Worthington, MN 56187. ---------------------------------------------------------------------------------------------------------------- Tallahatchie County, Mississippi, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Hunter Creek........................ Approximately 1,170 None +187 City of Charleston. feet downstream of State Route 32. Approximately 66 feet None +187 upstream of State Route 32. North Fork Tillatoba Creek.......... Approximately 995 feet None +180 City of Charleston. downstream of State Route 35. [[Page 23534]] Approximately 1,170 None +181 feet upstream of State Route 35. Tillatoba Creek..................... Approximately 1,465 None +181 City of Charleston. feet downstream of State Route 32. Approximately 1.1 miles None +186 upstream of State Route 32. ---------------------------------------------------------------------------------------------------------------- * National Geodetic Vertical Datum. + North American Vertical Datum. Depth in feet above ground. [caret] Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Charleston Maps are available for inspection at the Mayor's Office, 26 South Square Street, Charleston, MS 38921. ---------------------------------------------------------------------------------------------------------------- Ray County, Missouri, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Missouri River...................... Approximately 0.8 mile +706 +704 City of Fleming. downstream of the Brady Creek confluence. Approximately 3.5 miles +711 +709 downstream of the Keeney Creek confluence. ---------------------------------------------------------------------------------------------------------------- * National Geodetic Vertical Datum. + North American Vertical Datum. Depth in feet above ground. [caret] Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Fleming Maps are available for inspection at the Ray County Courthouse, 100 West Main Street, Richmond, MO 64085. ---------------------------------------------------------------------------------------------------------------- Schenectady County, New York (All Jurisdictions) ---------------------------------------------------------------------------------------------------------------- Lisha Kill.......................... Approximately 1,825 None +238 Town of Niskayuna. feet downstream of New York Route 7 (Troy- Schenectady Road). At the Albany County None +269 boundary. Mohawk River........................ At Canadian Pacific +226 +225 City of Schenectady, Railway Bridge. Town of Glenville, Town of Rotterdam, Village of Scotia. Approximately 1.08 +232 +231 miles downstream of Lock 8. Normans Kill........................ Approximately 1.15 None +276 Town of Princetown. miles downstream of Giffords Church Road. Approximately 1.16 None +292 miles upstream of Giffords Church Road. Poentic Kill........................ At the Mohawk River None +231 City of Schenectady, confluence. Town of Rotterdam. Approximately 0.93 mile None +306 upstream of Campbell Road. Schoharie Creek..................... Approximately 3.23 +531 +541 Town of Duanesburg. miles downstream of U.S. Route 20. Approximately 3.13 +584 +590 miles upstream of U.S. Route 20. ---------------------------------------------------------------------------------------------------------------- * 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. [[Page 23535]] 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 Schenectady Maps are available for inspection at City Hall, 105 Jay Street, Schenectady, NY 12305. Town of Duanesburg Maps are available for inspection at the Town Hall, 5853 Western Turnpike, Duanesburg, NY 12056. Town of Glenville Maps are available for inspection at the Municipal Center, 18 Glenridge Road, Glenville, NY 12302. Town of Niskayuna Maps are available for inspection at the Town Hall, 1 Niskayuna Circle, Niskayuna, NY 12309. Town of Princetown Maps are available for inspection at the Princetown Town Hall, 165 Princetown Plaza, Schenectady, NY 12306. Town of Rotterdam Maps are available for inspection at the John F. Kirvin Government Center, 1100 Sunrise Boulevard, Rotterdam, NY 12306. Village of Scotia Maps are available for inspection at the Village Hall, 4 North Ten Broeck Street, Scotia, NY 12302. ---------------------------------------------------------------------------------------------------------------- (Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'') Dated: April 11, 2011. Sandra K. Knight, Deputy Federal Insurance and Mitigation Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2011-10097 Filed 4-26-11; 8:45 am] BILLING CODE 9110-12-P