[Federal Register Volume 76, Number 32 (Wednesday, February 16, 2011)] [Proposed Rules] [Pages 8986-8989] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2011-3509] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-B-1176] 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-1176, 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. [[Page 8987]] 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 ---------------------------------------------------------------------------------------------------------------- Dearborn County, Indiana, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Great Miami River................... Approximately 0.23 mile +489 +490 City of Greendale, upstream of the Ohio Unincorporated Areas River confluence. of Dearborn County. Approximately 5.07 +489 +490 miles upstream of the Ohio River confluence. Ohio River.......................... Approximately 0.65 mile +487 +486 City of Aurora, City of upstream of the Lawrenceburg, Laughery Creek Unincorporated Areas confluence. of Dearborn County. Approximately 1.25 +489 +488 miles upstream of the Tanners Creek confluence. Tanners Creek....................... Approximately 0.46 mile +488 +489 City of Greendale, City downstream of U.S. of Lawrenceburg, Route 50. Unincorporated Areas of Dearborn County. Approximately 2.07 None +489 miles upstream of Conrail. Wilson Creek........................ At the Ohio River +488 +487 City of Aurora, confluence. Unincorporated Areas of Dearborn County. Approximately 0.35 +488 +487 miles upstream of Wilson Creek 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 Aurora Maps are available for inspection at City Hall, 3rd and Main Streets, Aurora, IN 47001. City of Greendale Maps are available for inspection at the Utilities Office, 510 Ridge Avenue, Greendale, IN 47025. City of Lawrenceburg Maps are available for inspection at the Administration Building, 230 Walnut Street, Lawrenceburg, IN 47025. Unincorporated Areas of Dearborn County Maps are available for inspection at the Dearborn County Administration Building, 215B West High Street, Lawrenceburg, IN 47025. ---------------------------------------------------------------------------------------------------------------- Greene County, Indiana, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Beehunter Ditch..................... Approximately 245 feet None +480 City of Linton, downstream of Baseline Unincorporated Areas Road. of Greene County. Approximately 450 feet None +508 upstream of Fairview Road. ---------------------------------------------------------------------------------------------------------------- * National Geodetic Vertical Datum. + North American Vertical Datum. Depth in feet above ground. [[Page 8988]] [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 Linton Maps are available for inspection at City Hall, 86 South Main Street, Linton, IN 47441. Unincorporated Areas of Greene County Maps are available for inspection at the Greene County Courthouse, 1 East Main Street, Bloomfield, IN 47424. ---------------------------------------------------------------------------------------------------------------- King County, Washington, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Black River......................... Approximately 330 feet +18 +12 City of Renton, City of downstream of Oaksdale Tukwila. Avenue Southwest. At the Green River +23 +24 confluence. Cedar River......................... At the upstream side of +19 +24 City of Renton, North Boeing Bridge. Unincorporated Areas of King County. Approximately 350 feet None +528 upstream of Landsburg Road Southeast. Green River......................... Approximately 250 feet +15 +16 City of Auburn, City of upstream of 42nd Kent, City of Renton, Avenue South. City of SeaTac, City of Tukwila, Muckleshoot Tribe, Unincorporated Areas of King County. Approximately 1.8 miles None +229 upstream of Southeast Flaming Geyser Road. Kelsey Creek........................ At the upstream side of +27 +29 City of Bellevue. I-405. At the upstream side of +253 +252 Northeast 8th Street. Mill Creek (Auburn)................. Approximately 125 feet +46 +45 City of Auburn, City of downstream of West Kent, Unincorporated Valley Highway. Areas of King County. Approximately 1,500 +46 +47 feet upstream of State Route 167. Mill Creek (Kent)................... At the Springbrook +21 +26 City of Kent. Creek confluence. Approximately 133 feet +41 +42 downstream of East Smith Street. Richards Creek...................... At the Kelsey Creek +27 +33 City of Bellevue. confluence. Approximately 752 feet +32 +33 upstream of Richards Road. Southwest 23rd Street Drainage At the Springbrook None +20 City of Renton. Channel. Creek confluence. Approximately 170 feet None +21 upstream of East Valley Road. Springbrook Creek................... At the upstream side of +19 +10 City of Kent, City of Black River Pump Renton. Station. Approximately 0.32 mile +37 +40 upstream of South 228th Street. West Tributary to Kelsey Creek...... At the Kelsey Creek +30 +33 City of Bellevue. confluence. Approximately 320 feet +51 +52 downstream of Northeast 1st 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 Auburn [[Page 8989]] Maps are available for inspection at 25 West Main Street, Auburn, WA 98001. City of Bellevue Maps are available for inspection at 450 110th Avenue Northeast, Bellevue, WA 98009. City of Kent Maps are available for inspection at 220 4th Avenue South, Kent, WA 98032. City of Renton Maps are available for inspection at 1055 South Grady Way, Renton, WA 98057. City of SeaTac Maps are available for inspection at 4800 South 188th Street, SeaTac, WA 98188. City of Tukwila Maps are available for inspection at 6200 Southcenter Boulevard, Tukwila, WA 98188. Muckleshoot Tribe Maps are available for inspection at 39015 172nd Avenue Southeast, Auburn, WA 98092. Unincorporated Areas of King County Maps are available for inspection at 900 Oaksdale Avenue Southwest, Renton, WA 98057. ---------------------------------------------------------------------------------------------------------------- (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. 2011-3509 Filed 2-15-11; 8:45 am] BILLING CODE 9110-12-P