[Federal Register Volume 76, Number 13 (Thursday, January 20, 2011)] [Proposed Rules] [Pages 3590-3595] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2011-1061] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-B-1171] 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 April 20, 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-1171, 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. 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: [[Page 3591]] 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 Source of in feet above ground State City/town/county flooding Location ** [caret] Elevation in meters (MSL) ------------------------- Existing Modified ---------------------------------------------------------------------------------------------------------------- Unincorporated Areas of Hoke County, North Carolina ---------------------------------------------------------------------------------------------------------------- North Carolina................ Unincorporated Lumber River..... At the Robeson +205 +203 Areas of Hoke and Scotland County. County boundary. ................. ................. Approximately +256 +257 0.5 mile upstream of the Quewhiffle 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 Unincorporated Areas of Hoke County Maps are available for inspection at the Hoke County Planning Office, 423 East Central Avenue, Raeford, NC 28376. ---------------------------------------------------------------------------------------------------------------- Unincorporated Areas of Robeson County, North Carolina ---------------------------------------------------------------------------------------------------------------- North Carolina................ Unincorporated Lumber River..... Approximately +190 +191 Areas of Robeson 1.2 miles County. upstream of the Scotland County boundary. ................. ................. At the Hoke and +205 +203 Scotland County boundary. ---------------------------------------------------------------------------------------------------------------- * 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 Robeson County Maps are available for inspection at the Robeson County Department of Building Safety and Code Enforcement, 415 Country Club Drive, Lumberton, NC 28360. ---------------------------------------------------------------------------------------------------------------- Unincorporated Areas of Nowata County, Oklahoma ---------------------------------------------------------------------------------------------------------------- Oklahoma...................... Unincorporated Southwest At the None +687 Areas of Nowata Tributary. downstream side County. of E0230 Road. ................. ................. Approximately None +696 0.4 mile upstream of E0230 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. [[Page 3592]] 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 Nowata County Maps are available for inspection at the Nowata County Office, 2219 North Maple Street, Nowata, OK 74048 ---------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------- *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 ---------------------------------------------------------------------------------------------------------------- Sebastian County, Arkansas, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Massard Creek....................... Approximately 155 feet +407 +406 City of Fort Smith, upstream of Rogers Unincorporated Areas Avenue. of Sebastian County. Approximately 720 feet None +420 upstream of State Highway 255 (Zero Street). Mill Creek.......................... Approximately 200 feet +478 +477 City of Fort Smith. downstream of South 28th Street. Approximately 1.05 None +521 miles upstream of Jenny Lind Road. No Name Creek....................... Approximately 0.33 mile +408 +409 City of Fort Smith. upstream of the Sunnymede Creek confluence. Approximately 185 feet +455 +456 downstream of the No Name Creek Tributary confluence. No Name Creek....................... At the No Name Creek +457 +456 City of Fort Smith. confluence. Tributary........................... Approximately 970 feet None +518 upstream of South 46th Street. Spivey Creek........................ At the Massard Creek +414 +411 City of Fort Smith, confluence. Unincorporated Areas of Sebastian County. Approximately 0.44 mile None +477 upstream of Industrial Drive. ---------------------------------------------------------------------------------------------------------------- * 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 Fort Smith Maps are available for inspection at the Engineering Department, 623 Garrison Avenue, Suite 409, Fort Smith, AR 72901. Unincorporated Areas of Sebastian County Maps are available for inspection at the Sebastian County Courthouse, 35 South 6th Street, Fort Smith, AR 72901. ---------------------------------------------------------------------------------------------------------------- El Dorado County, California, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Bijou Creek......................... Approximately 100 feet +6,232 +6,234 City of South Lake upstream of the Lake Tahoe. Tahoe confluence. Approximately 550 feet +6,325 +6,347 upstream of Pioneer Trail. [[Page 3593]] Trout Creek......................... Approximately 1,750 +6,235 +6,234 City of South Lake feet upstream of the Tahoe, Unincorporated Lake Tahoe confluence. Areas of El Dorado County. Approximately 1,580 +6,252 +6,251 feet downstream of Martin Avenue. Upper Truckee River................. Approximately 1,400 +6,240 +6,241 City of South Lake feet downstream of Tahoe, Unincorporated Lake Tahoe Boulevard. Areas of El Dorado County. Approximately 1.44 +6,250 +6,251 miles upstream of Lake Tahoe Boulevard. ---------------------------------------------------------------------------------------------------------------- * 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 South Lake Tahoe Maps are available for inspection at 1900 Lake Tahoe Boulevard, South Lake Tahoe, CA 96150. Unincorporated Areas of El Dorado County Maps are available for inspection at 2850 Fairlane Court, Placerville, CA 95667. ---------------------------------------------------------------------------------------------------------------- Putnam County, Indiana, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Big Walnut Creek.................... Approximately 845 feet None +656 Unincorporated Areas of downstream of Oakalla Putnam County. Covered Bridge. Approximately 845 feet None +692 upstream of Houck Road (North County Road 25 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 Unincorporated Areas of Putnam County Maps are available for inspection at the Putnam County Planning and Zoning Department, Annex Building, 209 West Liberty Street, Room 3, Greencastle, IN 46135. ---------------------------------------------------------------------------------------------------------------- Clark County, Kentucky, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Boone Creek (backwater effects from From the Kentucky River None +590 Unincorporated Areas of Kentucky River). confluence to Clark County. approximately 1.2 miles upstream of the Kentucky River confluence. Bull Run (backwater effects from From the Kentucky River None +603 Unincorporated Areas of Kentucky River). confluence to Clark County. approximately 0.8 mile upstream of the Kentucky River confluence. Cotton Creek (backwater effects from From the Upper Howard None +602 Unincorporated Areas of Kentucky River). Creek confluence to Clark County. approximately 0.6 mile upstream of the Upper Howard Creek confluence. Dumford Hollow (backwater effects From the Kentucky River None +604 Unincorporated Areas of from Kentucky River). Tributary 1 confluence Clark County. to approximately 1,352 feet upstream of the Kentucky River Tributary 1 confluence. Fourmile Creek (backwater effects From the Kentucky River None +597 Unincorporated Areas of from Kentucky River). confluence to Clark County. approximately 1.4 miles upstream of the Kentucky River confluence. [[Page 3594]] Indian Creek (backwater effects from From the Kentucky River None +600 Unincorporated Areas of Kentucky River). confluence to Clark County. approximately 0.5 mile upstream of the Kentucky River confluence. Jouett Creek (backwater effects from From the Kentucky River None +591 Unincorporated Areas of Kentucky River). confluence to Clark County. approximately 0.5 mile upstream of the Kentucky River confluence. Kentucky River...................... At the Boone Creek None +590 Unincorporated Areas of confluence. Clark County. At the Red River None +604 confluence. Kentucky River Tributary 1 From the Kentucky River None +604 Unincorporated Areas of (backwater effects from Kentucky confluence to Clark County. River). approximately 0.5 mile upstream of the Kentucky River confluence. Lower Howard Creek.................. Approximately 3.4 miles +853 +852 City of Winchester, upstream of Reservoir Unincorporated Areas Lane. of Clark County. Approximately 273 feet +962 +961 upstream of Colby Road. Lower Howard Creek (backwater From the Kentucky River None +592 Unincorporated Areas of effects from Kentucky River). confluence to Clark County. approximately 1 mile upstream of the Kentucky River confluence. Lower Howard Creek Tributary H7 From the Lower Howard +890 +891 Unincorporated Areas of (backwater effects from Lower Creek confluence to Clark County. Howard Creek). approximately 712 feet upstream of the Lower Howard Creek confluence. Red River (overflow effects from At the Kentucky River None +604 Unincorporated Areas of Kentucky River). confluence. Clark County. Approximately 1.2 miles None +605 upstream of Irving Road. Strodes Creek....................... Approximately 317 feet +873 +870 City of Winchester, upstream of the Unincorporated Areas Hancock Creek of Clark County. confluence. Approximately 0.9 miles +953 +952 upstream of Pioneer Drive. Strodes Creek Tributary S1.......... From the Strodes Creek +924 +928 City of Winchester, confluence to Unincorporated Areas approximately 1,554 of Clark County. feet upstream of the Strodes Creek confluence. Strodes Creek Tributary S2 From the Strodes Creek +927 +928 City of Winchester, (backwater effects from Strodes Tributary S1 Unincorporated Areas Creek). confluence to of Clark County. approximately 540 feet upstream of the Strodes Creek Tributary S1 confluence. Strodes Creek Tributary S5 From the Strodes Creek +921 +926 City of Winchester, (backwater effects from Strodes confluence to Unincorporated Areas Creek). approximately 1,385 of Clark County. feet upstream of the Strodes Creek confluence. Twomile Creek (backwater effects From the Kentucky River None +596 Unincorporated Areas of from Kentucky River). confluence to Clark County. approximately 0.8 mile upstream of the Kentucky River confluence. Upper Howard Creek (backwater From the Kentucky River None +602 Unincorporated Areas of effects from Kentucky River). confluence to Clark County. approximately 1.9 miles upstream of the Kentucky River confluence. Upper Howard Creek Tributary 3 From the Upper Howard None +602 Unincorporated Areas of (backwater effects from Kentucky Creek confluence to Clark County. River). approximately 1,559 feet upstream of the Upper Howard 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 Winchester Maps are available for inspection at City Hall, 32 Wall Street, Winchester, KY 40392. Unincorporated Areas of Clark County. Maps are available for inspection at the Clark County Courthouse, 34 South Main Street, Winchester, KY 40391. ---------------------------------------------------------------------------------------------------------------- Mercer County, Ohio, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Beaver Creek (Lower)................ Approximately 1,400 None +861 City of Celina. feet downstream of Meyer Road. [[Page 3595]] At the downstream side None +861 of the Grand Lake Dam. Beaver Creek (Upper)................ Approximately 850 feet +872 +873 Unincorporated Areas of downstream of State Mercer County, Village Route 219. of Montezuma. At the downstream side None +876 of Casselia Montezuma Road. Grand Lake Saint Mary's............. Entire shoreline within None +872 City of Celina. community. Saint Mary's River.................. At the Van Wert County None +797 Unincorporated Areas of boundary. Mercer County, Village of Mendon, Village of Rockford. At the Auglaize County None +814 boundary. Wabash River........................ Approximately 0.72 mile None +922 Unincorporated Areas of downstream of State Mercer County, Village Route 49. of Fort Recovery. Approximately 0.88 mile None +928 upstream of North First 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 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 Celina Maps are available for inspection at 426 West Market Street, Celina, OH 45822 Unincorporated Areas of Mercer County Maps are available for inspection at the Mercer County Central Service Building, 220 West Livingston Street, Room A201, Celina, OH 45822. Village of Fort Recovery Maps are available for inspection at 201 South Main Street, Fort Recovery, OH 45846. Village of Mendon Maps are available for inspection at 102 South Main Street, Mendon, OH 45862. Village of Montezuma Maps are available for inspection at 69 West Main Street, Montezuma, OH 45866. Village of Rockford Maps are available for inspection at 151 East Columbia Street, Rockford, OH 45882. ---------------------------------------------------------------------------------------------------------------- (Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'') Dated: January 11, 2011. Edward L. Connor, Acting Federal Insurance and Mitigation Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2011-1061 Filed 1-19-11; 8:45 am] BILLING CODE 9110-12-P