[Federal Register Volume 76, Number 141 (Friday, July 22, 2011)]
[Proposed Rules]
[Pages 43968-43973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-18633]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-B-1204]


Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule.

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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 October 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-1204, 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:

[[Page 43969]]



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                                                                                                                                                                           * Elevation in feet
                                                                                                                                                                         (NGVD)  + Elevation in
                                                                                                                                                                         feet  (NAVD)  
                                                                                                                                                                           Depth in feet above
                State                      City/town/country                 Source of flooding                                     Location **                         ground [caret] Elevation
                                                                                                                                                                            in  meters (MSL)
                                                                                                                                                                       -------------------------
                                                                                                                                                                          Existing     Modified
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                                                                        Unincorporated Areas of Highlands County, Florida
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Florida..............................  Unincorporated Areas of   Arbuckle Creek...........................  Approximately 1.3 miles downstream of U.S. Route 98.......          +42          +41
                                        Highlands County.
  2..................................                                                                       Approximately 1,100 feet upstream of Arbuckle Creek Road..         None          +53
Florida..............................  Unincorporated Areas of   Carter Creek.............................  At the Arbuckle Creek confluence..........................          +54          +53
                                        Highlands County.
                                                                                                            Approximately 840 feet downstream of Hartt Road                     +54          +53
Florida..............................  Unincorporated Areas of   Platt Branch.............................  Approximately 4.0 miles downstream of County Road 731.....         None          +70
                                        Highlands County.
                                                                                                            Approximately 0.43 mile upstream of County Road 731                None          +88
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* 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 Highlands County
 
Maps are available for inspection at the Highlands county Administration Office, 600 South Commerce Avenue, Sebring, FL 33870.
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                                                                     Unincorporated Areas of Lewis and Clark County, Montana
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Montana..............................  Unincorporated Areas of   Silver Creek.............................  Approximately 200 feet downstream of I-15.................         None        +3695
                                        Lewis and Clark County.
                                                                                                            Approximately 1,800 feet downstream of Applegate Drive            +3746        +3747
Montana..............................  Unincorporated Areas of   Silver Creek Overflow (D2 Ditch).........  Approximately 170 feet downstream of I-15 Frontage Road...         None        +3687
                                        Lewis and Clark County.
                                                                                                            Approximately 0.38 mile upstream of North Montana Avenue           None        +3712
Montana..............................  Unincorporated Areas of   Silver Creek Overflow (Ryanns Lane)......  Approximately 210 feet downstream of North Montana Avenue.         None        +3710
                                        Lewis and Clark County.
                                                                                                            Approximately 75 feet upstream of North Montana Avenue             None        +3713
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* 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 Lewis and Clark County
 
Maps are available for inspection at 221 Breckenridge Street, Helena, MT 59623.
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[[Page 43970]]


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                                                                  * Elevation in feet
                                                                (NGVD)  + Elevation in
                                                                feet  (NAVD)  
                                       Location of referenced     Depth in feet above
           Flooding source                  elevation **       ground [caret] Elevation    Communities affected
                                                                   in  meters (MSL)
                                                              --------------------------
                                                                Effective     Modified
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                                Lawrence County, Arkansas, and Incorporated Areas
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Turkey Creek........................  Approximately 1.2 miles         None         +261  Unincorporated Areas of
                                       downstream of                                      Lawrence County.
                                       Southwest Broad Street.
                                      Approximately 0.5 mile          None         +263
                                       downstream of
                                       Southwest Broad Street.
Village Creek.......................  Approximately 1.2 miles         None         +262  City of Walnut Ridge,
                                       downstream of West                                 Unincorporated Areas
                                       Free Street.                                       of Lawrence County.
                                      Approximately 0.5 mile          None         +267
                                       upstream of U.S. Route
                                       67.
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* 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 Walnut Ridge
 
Maps are available for inspection at the Fire Department, 3227 U.S. Route 67B, Walnut Ridge, AR 72476.
 
                                     Unincorporated Areas of Lawrence County
Maps are available for inspection at the Lawrence County Recorder's Office, 315 West Main Street, Room 12,
 Walnut Ridge, AR 72476.
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                                 Saline County, Arkansas, and Incorporated Areas
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Upper Depot Creek...................  Approximately 1,000             None         +349  Unincorporated Areas of
                                       feet downstream of                                 Saline County.
                                       Sidell Road.
                                      At the upstream side of         None         +356
                                       Sidell Road.
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* 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 Saline County
 
Maps are available for inspection at 200 North Main Street, Room 117, Benton, AR 72015.
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                                  Cobb County, Georgia, and Incorporated Areas
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Bishop Creek........................  At the Sope Creek               +910         +905  Unincorporated Areas of
                                       confluence.                                        Cobb County.
                                      At the downstream side          +910         +909
                                       of Indian Hills Trail
                                       Northeast.
Blackjack Creek.....................  At the Sope Creek               +995         +990  City of Marietta.
                                       confluence.
                                      Approximately 250 feet          +999         +998
                                       upstream of the Sope
                                       Creek confluence.
Campground Creek....................  At the Sope Creek               +931         +927  Unincorporated Areas of
                                       confluence.                                        Cobb County.
                                      Approximately 0.5 mile          +931         +930
                                       upstream of the Sope
                                       Creek confluence.
Eastside Creek......................  At the Sope Creek               +920         +915  Unincorporated Areas of
                                       confluence.                                        Cobb County.
                                      Approximately 1,375             +920         +919
                                       feet upstream of the
                                       Sope Creek confluence.
Elizabeth Branch....................  At the Sope Creek              +1000         +998  City of Marietta,
                                       confluence.                                        Unincorporated Areas
                                                                                          of Cobb County.

[[Page 43971]]

 
                                      Approximately 300 feet         +1000         +999
                                       upstream of the Sope
                                       Creek confluence.
Piney Grove Creek...................  At the Sewell Mill              +948         +945  Unincorporated Areas of
                                       Creek confluence.                                  Cobb County.
                                      Approximately 50 feet           +950         +949
                                       upstream of the Sewell
                                       Mill Creek confluence.
Robertson Creek.....................  At the Sewell Mill              +923         +921  Unincorporated Areas of
                                       Creek confluence.                                  Cobb County.
                                      Approximately 725 feet          +924         +923
                                       upstream of the Sewell
                                       Mill Creek confluence.
Sewell Mill Creek...................  At the Sope Creek               +921         +915  Unincorporated Areas of
                                       confluence.                                        Cobb County.
                                      Approximately 300 feet         +1084        +1083
                                       upstream of Karen Lane.
Sope Branch.........................  At the Sope Creek              +1023        +1021  City of Marietta.
                                       confluence.
                                      Approximately 550 feet         +1023        +1022
                                       upstream of the Sope
                                       Creek confluence.
Sope Creek..........................  Approximately 250 feet          +803         +804  City of Marietta,
                                       upstream of the                                    Unincorporated Areas
                                       Chattahoochee River                                of Cobb County.
                                       confluence.
                                      Approximately 200 feet         +1040        +1041
                                       upstream of Rigby
                                       Street.
Thompson Creek......................  At the Sewell Mill              +934         +933  Unincorporated Areas of
                                       Creek confluence.                                  Cobb County.
                                      Approximately 1,500             +934         +933
                                       feet upstream of the
                                       Sewell Mill Creek
                                       confluence.
Wildwood Branch.....................  At the Sope Creek               +985         +976  City of Marietta,
                                       confluence.                                        Unincorporated Areas
                                                                                          of Cobb County.
                                      Approximately 0.5 mile          +985         +984
                                       upstream of the Sope
                                       Creek confluence.
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* 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 Marietta
Maps are available for inspection at the Public Works Department, 205 Lawrence Street, Marietta, GA 30060.
 
                                       Unincorporated Areas of Cobb County
Maps are available for inspection at the Cobb County Development and Inspection Department, 205 Lawrence Street,
 Marietta, GA 30060.
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                              St. Helena Parish, Louisiana, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Tickfaw River.......................  Approximately 1.48              None         +110  Village of Montpelier.
                                       miles downstream of
                                       State Route 16.
                                      At the Twelvemile Creek         None         +111
                                       confluence.
Tributary of Tickfaw River..........  Approximately 1.14              +114         +115  Unincorporated Areas of
                                       miles upstream of the                              St. Helena Parish.
                                       Tickfaw River
                                       confluence.
                                      Approximately 1.68              +118         +119
                                       miles upstream of the
                                       Tickfaw River
                                       confluence.
Twelvemile Creek....................  At the Tickfaw River            None         +111  Village of Montpelier.
                                       confluence.
                                      At the upstream side of         None         +112
                                       State Route 43.
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* 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 43972]]

 
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 St. Helena Parish
 
Maps are available for inspection at the St. Helena Parish Police Jury Administration Building, 17911 Highway
 43, Greensburg, LA 70441.
 
Village of Montpelier
 
Maps are available for inspection at the Montpelier Town Hall, 36400 Highway 16, Montpelier, LA 70422.
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                                   Coos County, Oregon, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Pacific Ocean, near City of Bandon..  Approximately 370 feet           +18          +16  City of Bandon,
                                       southwest of the                                   Unincorporated Areas
                                       intersection of                                    of Coos County.
                                       Madison Avenue
                                       Southwest and 6th
                                       Street Southwest.
                                      Approximately 420 feet           +20          +19
                                       northwest of the
                                       intersection of
                                       Lincoln Avenue
                                       Southwest and 3rd
                                       Street Southwest (just
                                       south of the Coquille
                                       River South Jetty).
                                      Approximately 260 feet          None          +32
                                       west of the
                                       intersection of Gould
                                       Road and Beach Lane.
                                      Approximately 300 feet           +44          +36
                                       west of the
                                       intersection of Beach
                                       Loop Drive and Whale
                                       Watch Way.
Pacific Ocean, near City of Coos Bay  Approximately 1,950              +17          +13  Unincorporated Areas of
                                       feet northeast of the                              Coos County.
                                       intersection of
                                       Bastendorf Beach Road
                                       and Cape Arago Highway
                                       (State Route 540).
                                      Approximately 880 feet          None          +17
                                       northwest of the
                                       intersection of Cape
                                       Arago Highway (State
                                       Route 540) and Cottell
                                       Lane (at Sunset Bay
                                       State Park).
                                      Approximately 0.67 mile          +16          +18
                                       northwest of the
                                       intersection of Coos
                                       Head Road and Cape
                                       Arago Highway (State
                                       Route 540) (just south
                                       of Coos Bay South
                                       Jetty).
                                      Approximately 800 feet           +17          +36
                                       northwest of the
                                       intersection of Cape
                                       Arago Highway (State
                                       Route 540) and Byren
                                       Road (at Yoakam Point
                                       State Natural Site).
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* 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 Bandon
 
Maps are available for inspection at 555 Highway 101, Bandon, OR 97411.
                                       Unincorporated Areas of Coos County
 
Maps are available for inspection at 225 North Adams Street, Coquille, OR 97423.
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[[Page 43973]]

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

    Dated: June 30, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation, 
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2011-18633 Filed 7-21-11; 8:45 am]
BILLING CODE 9110-12-P