[Federal Register Volume 76, Number 120 (Wednesday, June 22, 2011)]
[Proposed Rules]
[Pages 36482-36486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-15620]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-B-1198]


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 September 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-1198, to 
Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance 
and Mitigation Administration, Federal Emergency Management Agency, 500 
C Street, SW., Washington, DC 20472,

[[Page 36483]]

(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
                State                      City/town/county                  Source of flooding                                     Location **                              ground  [caret]
                                                                                                                                                                           Elevation in meters
                                                                                                                                                                                  (MSL)
                                                                                                                                                                       -------------------------
                                                                                                                                                                          Existing     Modified
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                               City of Colonial Heights, Virginia
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Virginia.............................  City of Colonial Heights  Old Town Creek...........................  Approximately 0.63 mile downstream of Conduit Road........         + 10         + 11
                                                                                                            Approximately 0.48 mile upstream of the railroad..........         + 67         + 68
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* 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 Colonial Heights
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Maps are available for inspection at 202 James Avenue, Colonial Heights, VA 23834.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     Unincorporated Areas of Halifax County, North Carolina
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
North Carolina.......................  Unincorporated Areas of   Fishing Creek............................  Approximately 1.1 miles upstream of the Fishing Creek              + 60         + 59
                                        Halifax County.                                                      Tributary 2 confluence.
                                                                                                            Approximately 50 feet downstream of White Oak Road........        + 129        + 132
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.

[[Page 36484]]

 
[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 Halifax County
                                         Maps are available for inspection at the Halifax County Office, 15 West Pittsylvania Street, Halifax, NC 27839.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------
                                                                  * 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
----------------------------------------------------------------------------------------------------------------
                                 Osceola County, Florida, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Bass Slough (Lower Reach)...........  Approximately 1,211             None         + 57  City of Kissimmee,
                                       feet downstream of                                 Unincorporated Areas
                                       County Route 525.                                  of Osceola County.
----------------------------------------------------------------------------------------------------------------
                                      Approximately 0.6 mile          None         + 76
                                       upstream of State
                                       Route 530.
Bass Slough (Upper Reach)...........  Approximately 1,863             None         + 79  City of Kissimmee,
                                       feet downstream of the                             Unincorporated Areas
                                       Bass Slough Tributary                              of Osceola County.
                                       confluence.
                                      Approximately 337 feet          None         + 80
                                       upstream of Florida
                                       Parkway.
Bass Slough Tributary...............  At the Bass Slough              None         + 79  Unincorporated Areas of
                                       (Upper Reach)                                      Osceola County.
                                       confluence.
                                      Approximately 0.4 mile          None         + 79
                                       upstream of the Bass
                                       Slough (Upper Reach)
                                       confluence.
Clay Hole Pond......................  Entire shoreline.......         None         + 66  Unincorporated Areas of
                                                                                          Osceola County.
Courthouse Pond.....................  Entire shoreline.......         None         + 68  Unincorporated Areas of
                                                                                          Osceola County.
Eagle Pond..........................  Entire shoreline.......         None         + 65  Unincorporated Areas of
                                                                                          Osceola County.
East City Canal Tributary 1.........  At the upstream side of         + 65         + 66  City of Kissimmee.
                                       Vine Street.
                                      Approximately 637 feet          + 65         + 66
                                       upstream of Vine
                                       Street.
Lake Marian.........................  Entire shoreline.......         None         + 59  Unincorporated Areas of
                                                                                          Osceola County.
Multiple Ponding Areas..............  Area bound by San Remo          None         + 69  Unincorporated Areas of
                                       Road to the north and                              Osceola County.
                                       east, Cypress Parkway
                                       to the south, and
                                       Marigold Avenue to the
                                       west.
Multiple Ponding Areas..............  Area bound by Florida's         None         + 65  City of Kissimmee.
                                       Turnpike to the north
                                       and east and State
                                       Route 523 to the south
                                       and west.
Multiple Ponding Areas..............  Area approximately 0.8          None         + 69  Unincorporated Areas of
                                       mile northwest of the                              Osceola County.
                                       intersection of
                                       Brandon Lane and
                                       County Route 523,
                                       bound by Williams Road
                                       to the north, U.S.
                                       Route 441 to the east,
                                       and Florida's Turnpike
                                       to the south and west.
Multiple Ponding Areas..............  Area bound by County            None         + 69  Unincorporated Areas of
                                       Route 523 to the                                   Osceola County.
                                       north, U.S. Route 441
                                       to the east, Hayman
                                       Ranch Road to the
                                       south, and Florida's
                                       Turnpike to the west.
Multiple Ponding Areas..............  Area approximately 2.4          None         + 67  Unincorporated Areas of
                                       miles north of the                                 Osceola County.
                                       intersection of 3rd
                                       Street and 4th Avenue,
                                       bound by Williams Road
                                       to the north, U.S.
                                       Route 441 to the east,
                                       and Florida's Turnpike
                                       to the south and west.
Otter Pond..........................  Entire shoreline.......         None         + 69  Unincorporated Areas of
                                                                                          Osceola County.

[[Page 36485]]

 
Ponding Area........................  Area bound by West              + 65         + 66  Unincorporated Areas of
                                       Orange Street to the                               Osceola County.
                                       north, North Main
                                       Street to the east,
                                       Sumner Street to the
                                       south, and U.S. Routes
                                       17/92 to the west.
Ponding Area........................  Area bound by Pleasant          None         + 64  Unincorporated Areas of
                                       Hill Road to the                                   Osceola County.
                                       north, Florida's
                                       Turnpike to the east,
                                       and Scrub Jay Trail to
                                       the south and west.
Ponding Area........................  Area approximately 0.9          None         + 63  Unincorporated Areas of
                                       mile east of the                                   Osceola County.
                                       intersection of
                                       Martigues Drive and
                                       Amiens Road, bound by
                                       West Southport Road to
                                       the north, Florida's
                                       Turnpike to the east,
                                       and Scrub Jay Trail to
                                       the south and west.
Ponding Area........................  Area bound by Amiens            None         + 62  Unincorporated Areas of
                                       Road to the north and                              Osceola County.
                                       east, Chestnut Street
                                       to the south, and
                                       Bordeaux Road to the
                                       west.
Ponding Area........................  Area approximately 0.6          None         + 62  Unincorporated Areas of
                                       mile east of the                                   Osceola County.
                                       intersection of Saint
                                       Michel Way and Amiens
                                       Road, bound by West
                                       Southport Road to the
                                       north, Florida's
                                       Turnpike to the east,
                                       and Scrub Jay Trail to
                                       the south and west.
Ponding Area........................  Area bound by Old               None         + 60  Unincorporated Areas of
                                       Pleasant Hill Road to                              Osceola County.
                                       the north, Scrub Jay
                                       Trail to the east, and
                                       the Polk County
                                       boundary to the south
                                       and west.
Ponding Area........................  Area bound by Chestnut          None         + 63  Unincorporated Areas of
                                       Street to the north,                               Osceola County.
                                       Scrub Jay Trail to the
                                       east, and the Polk
                                       County boundary to the
                                       south and west.
Ponding Area........................  Area approximately 2.2          None         + 66  Unincorporated Areas of
                                       miles north of the                                 Osceola County/
                                       intersection of
                                       Coulter Drive and
                                       County Route 523,
                                       bound by Williams Road
                                       to the north, U.S.
                                       Route 441 to the east,
                                       and Florida's Turnpike
                                       to the south and west.
Unnamed Connecting Channel            Just upstream of Eagle          None         + 65  Unincorporated Areas of
 downstream of Clay Hole Pond.         Pond.                                              Osceola County/
                                      Just downstream of Clay         None         + 66
                                       Hole Pond.
Unnamed Connecting Channel            Approximately 0.6 mile          None         + 65  Unincorporated Areas of
 downstream of Eagle Pond.             downstream of Eagle                                Osceola County.
                                       Pond.
                                      Just downstream of              None         + 65
                                       Eagle Pond.
Unnamed Connecting Channel upstream   Just upstream of Lake           None         + 59  Unincorporated Areas of
 of Lake Marian.                       Marian.                                            Osceola County.
                                      Approximately 0.4 mile          None         + 65
                                       upstream of Lake
                                       Marian.
Unnamed Connecting Channel upstream   Just upstream of Lake           None         + 59  Unincorporated Areas of
 of Lake Marian.                       Marian.                                            Osceola County.
                                      Approximately 1.0 mile          None         + 69
                                       upstream of Lake
                                       Marian.
Unnamed Flooding Area upstream of     Just upstream of Lake           None         + 59  Unincorporated Areas of
 Lake Marian.                          Marian.                                            Osceola County.
                                      Approximately 0.5 mile          None         + 65
                                       upstream of Lake
                                       Marian.
WPA Canal Tributary 1...............  Approximately 1,612             None         + 71  City of St. Cloud,
                                       feet upstream of the                               Unincorporated Areas
                                       WPA Canal confluence.                              of Osceola County.
                                      Approximately 1.6 miles         None         + 75
                                       upstream of Snail Kite
                                       Avenue.
WPA Canal Tributary 1-1.............  At the WPA Canal                None         + 75  City of St. Cloud,
                                       Tributary 1 confluence.                            Unincorporated Areas
                                                                                          of Osceola County.
                                      Approximately 0.7 mile          None         + 75
                                       upstream of the WPA
                                       Canal Tributary 1
                                       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.
 

[[Page 36486]]

 
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 Kissimmee
Maps are available for inspection at City Hall, Engineering Department, Suite 301, 101 North Church Street,
 Kissimmee, FL 34741.
                                                City of St. Cloud
Maps are available for inspection at City Hall, Public Works Department, Building A, 2nd Floor, 1300 9th Street,
 St. Cloud, FL 34769.
 
                                     Unincorporated Areas of Osceola County
 
 
Maps are available for inspection at the Osceola County Stormwater Section, 1 Courthouse Square, Suite 1400,
 Kissimmee, FL 34741.
----------------------------------------------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')

    Dated: June 10, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation, 
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2011-15620 Filed 6-21-11; 8:45 am]
BILLING CODE 9110-12-P