[Federal Register Volume 76, Number 149 (Wednesday, August 3, 2011)]
[Proposed Rules]
[Pages 46701-46705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19546]


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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-1207]


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 November 1, 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-1207, 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.

[[Page 46702]]

    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:

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                                                                                                                                                                           * 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
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                                                                                     City of Cadiz, Kentucky
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Kentucky.............................  City of Cadiz...........  Little River (backwater effects from Lake  From the Lake Barkley confluence to approximately 4.5              None         +375
                                                                  Barkley).                                  miles upstream of the Lake Barkley confluence.
Kentucky.............................  City of Cadiz...........  Little River Tributary 1 (backwater        From the Little River confluence to approximately 1,678            None         +375
                                                                  effects from Lake Barkley).                feet upstream of the Little River 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 Cadiz
Maps are available for inspection at 63 Main Street, Cadiz, KY 42211.
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                                                                       Unincorporated Areas of Caldwell Parish, Louisiana
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Louisiana............................  Unincorporated Areas of   Hurricane Creek/Branch 2-3...............  Approximately 0.9 mile upstream of the Hurricane Creek             None         +146
                                        Caldwell Parish.                                                     confluence.
                                                                                                            Approximately 1.0 mile upstream of the Hurricane Creek             None         +146
                                                                                                             confluence.
Louisiana............................  Unincorporated Areas of   Hurricane Creek/Branch 3-1...............  Approximately 1,275 feet upstream of the Hurricane Creek           None         +168
                                        Caldwell Parish.                                                     confluence.
                                                                                                            Approximately 1.0 mile upstream of the Hurricane Creek             None         +168
                                                                                                             confluence.
Louisiana............................  Unincorporated Areas of   Hurricane Creek/Branch 3-4 (Hanchey        Approximately 265 feet upstream of the Hurricane Creek             None         +156
                                        Caldwell Parish.          Tributary).                                confluence.
                                                                                                            Approximately 0.87 mile upstream of the Hurricane Creek            None         +156
                                                                                                             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
 
                                                                             Unincorporated Areas of Caldwell Parish
Maps are available for inspection at the Caldwell Parish Community Recreation Center, 911 Complex, 6563 U.S. Route 165, Columbia, LA 71418.
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[[Page 46703]]

 
                                                                                 Town of Stuckey, South Carolina
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South Carolina.......................  Town of Stuckey.........  Indiantown Swamp.........................  At the upstream side of Mount Carmel Road.................         None          +31
                                                                                                            Approximately 0.56 mile upstream of Mount Carmel Road.....         None          +32
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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
 
Town of Stuckey
Maps are available for inspection at the Town Office, 11 Town Hall Road, Stuckey, SC 29554.
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                                                                  * Elevation in feet
                                                                 (NGVD) + Elevation in
                                                                 feet(NAVD) 
                                       Location of referenced     Depth in feet above
         Flooding source(s)                 elevation **       ground [caret] Elevation    Communities affected
                                                                    in meters (MSL)
                                                              --------------------------
                                                                Effective     Modified
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                                Carroll County, New Hampshire (All Jurisdictions)
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Bay Tributary 1.....................  At the Moultonborough           None         +506  Town of Moultonborough.
                                       Bay confluence.
                                      Approximately 1.09              None         +547
                                       miles upstream of the
                                       Bay Tributary 1.1
                                       divergence.
Bay Tributary 1.1...................  At the Moultonborough           None         +506  Town of Moultonborough.
                                       Bay confluence.
                                      At the Bay Tributary 1          None         +515
                                       divergence.
Bearcamp River......................  At the upstream side of         +428         +429  Town of Ossipee.
                                       Covered Bridge Road.
                                      Approximately 520 feet          +430         +431
                                       upstream of Covered
                                       Bridge Road.
Bearcamp River......................  Approximately 2.06              +567         +566  Town of Tamworth.
                                       miles upstream of
                                       State Route 113
                                       (Tamworth Road).
                                      Approximately 2.15              +571         +570
                                       miles upstream of
                                       State Route 113
                                       (Tamworth Road).
Berry Pond/Berry Pond Tributary 1...  Approximately 150 feet          None         +568  Town of Moultonborough,
                                       upstream of State                                  Town of Sandwich.
                                       Route 25 (Whittier
                                       Highway).
                                      Approximately 2.6 miles         None         +622
                                       upstream of State
                                       Route 25 (Whittier
                                       Highway).
Berry Pond Diversion................  At the Red Hill River           None         +536  Town of Moultonborough.
                                       confluence.
                                      At the Berry Pond               None         +569
                                       divergence.
East Branch Saco River..............  Approximately 160 feet          +565         +566  Town of Bartlett, Town
                                       upstream of U.S. Route                             of Jackson.
                                       302B (State Route 16A).
                                      Approximately 0.63              +835         +836
                                       miles upstream of Town
                                       Hall Road.
Halfway Brook.......................  At the Moultonborough           None         +506  Town of Moultonborough.
                                       Bay confluence.
                                      Approximately 1.29              None        +1428
                                       miles upstream of
                                       Ossipee Mountain Road.
Halfway Brook Tributary 1...........  At the Halfway Brook            None         +529  Town of Moultonborough.
                                       confluence.
                                      Approximately 0.88              None         +541
                                       miles upstream of the
                                       Halfway Brook
                                       confluence.
Moultonborough Bay..................  Entire shoreline.......         None         +506  Town of Moultonborough.
Ossipee Lake........................  Entire shoreline.......         None         +414  Town of Effingham.
Pequawket Pond......................  Entire shoreline within         None         +464  Town of Albany.
                                       community.
Province Lake.......................  Entire shoreline.......         None         +480  Town of Effingham.
Red Hill River......................  At the Moultonborough           None         +506  Town of Moultonborough,
                                       Bay confluence.                                    Town of Sandwich.
                                      Approximately 1.70              None         +587
                                       miles upstream of
                                       School House Road.

[[Page 46704]]

 
Red Hill River Tributary 1..........  At the Red Hill River           None         +536  Town of Moultonborough.
                                       confluence.
                                      Approximately 0.80              None         +878
                                       miles upstream of
                                       Sheridan Road.
Red Hill River......................  At the Red Hill River           None         +536  Town of Moultonborough.
                                       confluence.
Tributary 1 Diversion...............  At the Red Hill River           None         +600
                                       Tributary 1 divergence.
Rocky Branch........................  Approximately 70 feet           +573         +574  Town of Bartlett.
                                       upstream of U.S. Route
                                       302 (Crawford Notch
                                       Road).
                                      Approximately 520 feet          +575         +576
                                       upstream of U.S. Route
                                       302 (Crawford Notch
                                       Road).
Rocky Branch........................  Approximately 0.47              +607         +608  Town of Bartlett.
                                       miles upstream of U.S.
                                       Route 302 (Crawford
                                       Notch Road).
                                      Approximately 0.90              +655         +656
                                       miles upstream of U.S.
                                       Route 302 (Crawford
                                       Notch Road).
Saco River..........................  Approximately 1,970             None         +756  Town of Hart's
                                       feet upstream of Maine                             Location.
                                       Central Railroad.
                                      Approximately 0.85              None         +772
                                       miles upstream of
                                       Maine Central Railroad.
Shannon Brook.......................  At the Moultonborough           None         +506  Town of Moultonborough.
                                       Bay confluence.
                                      Approximately 1.07              None        +1202
                                       miles upstream of
                                       State Route 171 (Old
                                       Mountain Road).
Shannon Brook Tributary 1...........  At the Shannon Brook            None         +550  Town of Moultonborough.
                                       confluence.
                                      Approximately 400 feet          None         +588
                                       upstream of State
                                       Route 109 (Governor
                                       Wentworth Highway).
Squam Lake..........................  Entire shoreline.......         None         +565  Town of Moultonborough,
                                                                                          Town of Sandwich.
Weed Brook..........................  At the Berry Pond               None         +569  Town of Moultonborough,
                                       confluence.                                        Town of Sandwich.
                                      Approximately 650 feet          None         +701
                                       upstream of State
                                       Route 25 (Whittier
                                       Highway).
Weed Brook Diversion................  At the Weed Brook               None         +569  Town of Moultonborough.
                                       Tributary 1 confluence.
                                      At the Weed Brook               None         +585
                                       divergence.
Weed Brook Tributary 1..............  At the Weed Brook               None         +600  Town of Moultonborough.
                                       confluence.
                                      Approximately 1,700             None         +785
                                       feet upstream of Bodge
                                       Hill Road.
Wildcat Brook.......................  Approximately 1,560            +1116        +1115  Town of Jackson.
                                       feet downstream of
                                       Meloon Road.
                                      Approximately 120 feet         +1177        +1176
                                       downstream of Meloon
                                       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
Town of Albany
Maps are available for inspection at the Town Hall, 1972-A State Route 16, Albany, NH 03818.
 
Town of Bartlett
Maps are available for inspection at the Bartlett Town Hall, 56 Town Hall Road, Intervale, NH 03845.
 
Town of Effingham
Maps are available for inspection at the Town Hall, 68 School Street, Effingham, NH 03882.
 
Town of Hart's Location
Maps are available for inspection at the Town Hall, 979 U.S. Route 302, Hart's Location, NH 03812.
 
Town of Jackson
Maps are available for inspection at the Town Hall, 54 Main Street, Jackson, NH 03846.
 
Town of Moultonborough
Maps are available for inspection at the Town Hall, 6 Holland Street, Moultonborough, NH 03254.
 
Town of Ossipee
Maps are available for inspection at the Ossipee Town Hall, 55 Main Street, Center Ossipee, NH 03814.
 
Town of Sandwich
Maps are available for inspection at the Sandwich Town Hall, 8 Maple Street, Center Sandwich, NH 03227.
 
Town of Tamworth
Maps are available for inspection at the Town Hall, 84 Main Street, Tamworth, NH 03886.
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[[Page 46705]]

 
                                Juniata County, Pennsylvania (All Jurisdictions)
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Susquehanna River...................  At the downstream               +405         +403  Township of
                                       Northumberland County                              Susquehanna.
                                       boundary.
                                      At the West Mahantango          +408         +405
                                       Creek confluence.
Tuscarora Creek.....................  Approximately 0.9 mile          None         +445  Township of Spruce
                                       upstream of Groninger                              Hill.
                                       Valley Road.
                                      Approximately 3.1 miles         None         +461
                                       upstream of Groninger
                                       Valley Road.
West Mahantango Creek...............  At the Susquehanna              +408         +405  Township of
                                       River confluence.                                  Susquehanna.
                                      Approximately 60 feet           +408         +407
                                       downstream of Old
                                       Trail 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
Township of Spruce Hill
Maps are available for inspection at the Spruce Hill Township Secretary's Office, 727 Half Moon Road, Port
 Royal, PA 17082.
 
Township of Susquehanna
Maps are available for inspection at the Susquehanna Township Hall, 358 Fairground Road, Liverpool, PA 17045.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')

    Dated: July 22, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation, 
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2011-19546 Filed 8-2-11; 8:45 am]
BILLING CODE 9110-12-P