[Federal Register Volume 76, Number 32 (Wednesday, February 16, 2011)] [Proposed Rules] [Pages 8984-8986] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2011-3508] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-B-1182] 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 May 17, 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-1182, 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 [[Page 8985]] 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] Communities affected Elevation in feet (MLLW) -------------------------- Effective Modified ---------------------------------------------------------------------------------------------------------------- City and Borough of Juneau, Alaska ---------------------------------------------------------------------------------------------------------------- Auke Bay............................ At Smugglers Cove, None [caret]25 City and Borough of approximately 640 feet Juneau. southeast of the intersection of Fox Farm Trail and Fritz Cove Road. Approximately 550 feet [caret]25 [caret]27 northeast of the intersection of Point Louisa Road and Glacier Highway. At the Auke Bay ferry [caret]22 [caret]29 terminal. Duck Creek.......................... At the downstream side [caret]20 [caret]23 City and Borough of of Radcliffe Road. Juneau. Approximately 350 feet [caret]48 [caret]52 upstream of Taku Boulevard. East Fork Duck Creek................ Approximately 150 feet [caret]31 [caret]34 City and Borough of downstream of Nancy Juneau. Street. Approximately 200 feet [caret]31 [caret]34 downstream of Trinity Drive. Fritz Cove.......................... At the southern end of None [caret]23 City and Borough of Mendenhall Peninsula. Juneau. Approximately 870 feet None [caret]26 south of the intersection of Fritz Cove Road and Fox Farm Trail. Gastineau Channel, Douglas Island At the north end of None [caret]23 City and Borough of Side. Douglas Island, Juneau. opposite the airport. At the west end of None [caret]25 Douglas Island, west of North Douglas Road. At the Paris Creek [caret]26 [caret]25 confluence. At the eastern end of [caret]26 [caret]29 Juneau Island next to Douglas Marina. Gastineau Channel, Juneau Side...... Approximately 0.3 mile None [caret]25 City and Borough of southeast of the Juneau. intersection of Engineers Cutoff Road and Mendenhall Peninsula Road. Approximately 0.5 mile [caret]31 [caret]26 southwest of the intersection of Point Lena Loop Road and Towers Road. At the end of Thane None [caret]27 Road, at the Little Sheep Creek confluence. Approximately 0.55 mile None [caret]28 southeast of the intersection of Mill Street and Thane Road. Jordan Creek........................ Approximately 1,080 None [caret]25 City and Borough of feet downstream of Juneau. Yandukin Drive. Approximately 0.23 mile [caret]30 [caret]31 upstream of Egan Drive. Lemon Creek......................... Approximately 0.27 mile None [caret]23 City and Borough of downstream of Glacier Juneau. Highway. Approximately 1.4 miles None [caret]106 upstream of Glacier Highway. Mendenhall River.................... Approximately 1.14 None [caret]23 City and Borough of miles downstream of Juneau. Glacier Highway. At the upstream side of [caret]55 [caret]56 Mendenhall Loop Road. [[Page 8986]] Unnamed Tributary to Duck Creek..... At the downstream side None [caret]42 City and Borough of of El Camino Street. Juneau. At the upstream side of None [caret]46 Mendenhall Loop Road. ---------------------------------------------------------------------------------------------------------------- * National Geodetic Vertical Datum. + North American Vertical Datum. Depth in feet above ground. [caret] Mean Lower Low Water. ** 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 and Borough of Juneau Maps are available for inspection at 155 South Seward Street, Juneau, AK 99801. ---------------------------------------------------------------------------------------------------------------- (Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'') Dated: February 7, 2011. Sandra K. Knight, Deputy Federal Insurance and Mitigation Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2011-3508 Filed 2-15-11; 8:45 am] BILLING CODE 9110-12-P