[Federal Register Volume 76, Number 71 (Wednesday, April 13, 2011)] [Proposed Rules] [Pages 20606-20611] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2011-8852] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-B-1188] 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 [[Page 20607]] 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 12, 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-1188, 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: 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 ---------------------------------------------------------------------------------------------------------------- Sevier County, Utah, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Albinus Canyon...................... Approximately 400 feet None +5343 Unincorporated Areas of downstream of Old U.S. Sevier County. Highway 89. Approximately 500 feet None +5445 upstream of I-70. East Koosharem Creek................ Approximately 1,800 None +6870 Town of Koosharem, feet downstream of Unincorporated Areas West 200 South Street. of Sevier County. Approximately 500 feet None +6975 upstream of North 300 West Street. Indian Creek........................ Approximately 500 feet None +5416 Town of Joseph. downstream of East 300 North Street. At the downstream side None +5504 of I-70. Indian Creek Split Flow............. Approximately 400 feet None +5435 Town of Joseph. downstream of State Highway 118. At the Indian Creek None +5485 divergence. [[Page 20608]] Koosharem Creek..................... Approximately 1,700 None +6878 Town of Koosharem, feet downstream of Unincorporated Areas West 200 South Street. of Sevier County. Approximately 0.4 mile None +7037 upstream of West 200 North Street. North Koosharem Creek............... Approximately 700 feet None +6893 Town of Koosharem, downstream of North Unincorporated Areas 200 East Street. of Sevier County. Approximately 1,800 None +7033 feet upstream of North 300 West 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 Town of Joseph Maps are available for inspection at 25 East 100 North Street, Joseph, UT 84739. Town of Koosharem Maps are available for inspection at 45 North Main Street, Koosharem, UT 84744. Unincorporated Areas of Sevier County Maps are available for inspection at 250 North Main Street, Richfield, UT 84701. ---------------------------------------------------------------------------------------------------------------- Yakima County, Washington, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Cottonwood Creek.................... Approximately 970 feet None +1244 Unincorporated Areas of downstream of Dazet Yakima County. Road. Approximately 2.08 None +1831 miles upstream of Hubbard Road. Cottonwood Creek Left Bank Overflow At the Cottonwood Creek None +1293 Unincorporated Areas of Downstream. confluence. Yakima County. At the Cottonwood Creek None +1323 divergence. Cottonwood Creek Left Bank Overflow Approximately 0.26 mile None +1406 Unincorporated Areas of Upstream. downstream of Canyon Yakima County. Road. Approximately 0.64 mile None +1475 upstream of Canyon Road. Cottonwood Creek Tributary 1........ At the Cottonwood Creek None +1613 Unincorporated Areas of confluence. Yakima County. Approximately 0.53 mile None +1668 upstream of Cottonwood Canyon Road. Secondary Tributary to Wide Hollow At the Tributary to None +1519 Unincorporated Areas of Tributary 2. Wide Hollow Creek Yakima County. Tributary 2 confluence. Approximately 0.36 mile None +1569 upstream of the Tributary to Wide Hollow Creek Tributary 2 confluence. Shaw Creek.......................... At the Wide Hollow None +1179 City of Yakima, Creek confluence. Unincorporated Areas of Yakima County. Approximately 160 feet None +1438 upstream of Summitview Road. Shaw Creek--Wide Hollow Creek At the Wide Hollow None +1152 City of Yakima. Overflow. Creek confluence. Approximately 0.27 mile None +1182 upstream of Westbrook Loop. Shaw Creek--Wide Hollow Creek At the Wide Hollow None +1151 City of Yakima. Walmart Overflow 1. Creek confluence. Approximately 1,307 None +1158 feet upstream of South 64th Avenue. Shaw Creek--Wide Hollow Creek At the Wide Hollow None +1149 City of Yakima. Walmart Overflow 2. Creek confluence. Approximately 1,236 None +1160 feet upstream of South 64th Avenue. Shaw Creek Ditch 1.................. At the Shaw Creek None +1431 Unincorporated Areas of confluence. Yakima County. [[Page 20609]] Approximately 170 feet None +1435 downstream of North 112th Avenue. Shaw Creek Left Bank Overflow....... At the Shaw Creek None +1252 Unincorporated Areas of confluence. Yakima County. At the Shaw Creek None +1270 divergence. Shaw Creek North Pear Overflow...... At the Shaw Creek None +1235 City of Yakima, confluence. Unincorporated Areas of Yakima County. Approximately 560 feet None +1284 upstream of Orchard Avenue. Shaw Creek Overflow................. At the Shaw Creek None +1187 City of Yakima, confluence. Unincorporated Areas of Yakima County. Approximately 0.3 mile None +1222 upstream of South 91st Avenue. Shaw Creek Overflow South........... At the Shaw Creek None +1182 City of Yakima, confluence. Unincorporated Areas of Yakima County. Approximately 0.32 mile None +1215 upstream of South 88th Avenue. Shaw Creek Tributary................ At the Shaw Creek None +1230 Unincorporated Areas of confluence. Yakima County. Approximately 160 feet None +1407 downstream of South Mize Road. Tributary to Wide Hollow Creek At the Wide Hollow None +1470 Unincorporated Areas of Tributary 2. Creek Tributary 2 Yakima County. confluence. Approximately 0.42 mile None +1566 upstream of Lynch Road. Wide Hollow Creek................... At the Yakima River +959 +958 City of Union Gap, City confluence. of Yakima, Unincorporated Areas of Yakima County. Approximately 1.08 None +1733 miles upstream of Stone Road. Wide Hollow Creek Mill Weir Overflow At the Wide Hollow None +958 City of Union Gap. Creek confluence. At the Wide Hollow None +964 Creek divergence. Wide Hollow Creek Right Bank At the Wide Hollow None +1413 Unincorporated Areas of Overflow 1. Creek confluence. Yakima County. Approximately 0.32 mile None +1450 upstream of Wide Hollow Road. Wide Hollow Creek Tributary 1....... At the Wide Hollow None +1482 Unincorporated Areas of Creek confluence. Yakima County. Approximately 1.08 None +1712 miles upstream of Cook Road. Wide Hollow Creek Tributary 1 At the Wide Hollow None +1647 Unincorporated Areas of Midflow Split. Creek Tributary 1 Yakima County. confluence. At the Wide Hollow None +1660 Creek Tributary 1 divergence. Wide Hollow Creek Tributary 1 Left Approximately 300 feet None +1470 Unincorporated Areas of Bank Overflow. downstream of Stone Yakima County. Road. Approximately 0.7 mile None +1545 upstream of Hollow Creek Lane. Wide Hollow Creek Tributary 2....... At the Wide Hollow None +1450 Unincorporated Areas of Creek confluence. Yakima County. Approximately 0.45 mile None +1594 upstream of Tieton Drive. Wide Hollow Structure 116 Bypass.... At the Wide Hollow None +1370 Unincorporated Areas of Creek confluence. Yakima County. At the Wide Hollow None +1378 Creek divergence. Wide Hollow Structure 125 Bypass.... At the Wide Hollow None +1430 Unincorporated Areas of Creek confluence. Yakima County. At the upstream side of None +1438 Wide Hollow Road. Wide Hollow Structure 21 Bypass..... At the Ahtanum Creek None +953 City of Union Gap, confluence. Unincorporated Areas of Yakima County. At the Wide Hollow None +975 Creek divergence. Wide Hollow Structure 36 Bypass..... At the Wide Hollow None +1012 City of Union Gap. Creek confluence. At the Wide Hollow None +1016 Creek divergence. Wide Hollow Structure 47 Bypass..... At the Wide Hollow None +1045 City of Union Gap. Creek confluence. [[Page 20610]] At the Wide Hollow None +1050 Creek divergence. Wide Hollow Structure 86 Bypass..... At the Wide Hollow None +1203 Unincorporated Areas of Creek confluence. Yakima County. At the Wide Hollow None +1217 Creek divergence. Wide Hollow Structure 99 Bypass..... At the Wide Hollow None +1264 Unincorporated Areas of Creek confluence. Yakima County. At the Wide Hollow None +1280 Creek divergence. ---------------------------------------------------------------------------------------------------------------- * 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 Union Gap Maps are available for inspection at 102 West Ahtanum Road, Union Gap, WA 98903. City of Yakima Maps are available for inspection at 129 North 2nd Street, Yakima, WA 98901. Unincorporated Areas of Yakima County Maps are available for inspection at 128 North 2nd Street, Yakima, WA 98901. ---------------------------------------------------------------------------------------------------------------- Wirt County, West Virginia, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Daley Run........................... Approximately 1,400 None +610 Unincorporated Areas of feet downstream of Wirt County. County Route 14/1. Approximately 500 feet None +610 downstream of County Route 14/1. Little Kanawha River................ Approximately 1.8 miles None +610 Unincorporated Areas of downstream of the Wirt County. Hughes River confluence. Approximately 4.2 miles None +610 downstream of the Hughes River confluence. Approximately 1.4 miles None +623 downstream of State Route 5. Approximately 650 feet None +625 downstream of State Route 5. Tucker Creek........................ At the Little Kanawha None +623 Unincorporated Areas of River confluence. Wirt County. Approximately 1.1 miles None +623 upstream of the Little Kanawha River 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 Wirt County Maps are available for inspection at the Wirt County Courthouse, Corner Court of Washington Street, Elizabeth, WV 26143. ---------------------------------------------------------------------------------------------------------------- [[Page 20611]] (Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'') Dated: March 30, 2011. Sandra K. Knight, Deputy Federal Insurance and Mitigation Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2011-8852 Filed 4-12-11; 8:45 am] BILLING CODE 9110-12-P