[Federal Register Volume 76, Number 165 (Thursday, August 25, 2011)]
[Proposed Rules]
[Pages 53082-53086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21709]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 76, No. 165 / Thursday, August 25, 2011 / 
Proposed Rules  

[[Page 53082]]



DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-B-1213]


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 November 23, 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-1213, 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 53083]]



----------------------------------------------------------------------------------------------------------------
                                                                  * 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
----------------------------------------------------------------------------------------------------------------
                                 Coos County, New Hampshire (All Jurisdictions)
----------------------------------------------------------------------------------------------------------------
Androscoggin River..................  Approximately 3.5 miles         None         +691  City of Berlin, Town of
                                       downstream of Meadow                               Dummer, Town of Errol,
                                       Road.                                              Town of Gorham, Town
                                                                                          of Milan, Town of
                                                                                          Shelburne,
                                                                                          Unincorporated Areas
                                                                                          of Coos County.
                                      At the downstream side          None        +1231
                                       of Umbagog Lake Dam.
Clear Stream........................  At the Androscoggin             None        +1222  Town of Errol.
                                       River confluence.
                                      Approximately 1.1 miles         None        +1227
                                       upstream of White
                                       Mountain Highway.
Clement Brook.......................  At the Androscoggin             None         +700  Town of Shelburne.
                                       River confluence.
                                      Approximately 0.7 mile          None         +752
                                       upstream of U.S. Route
                                       2.
Connecticut River...................  Approximately 0.8 mile          +861         +865  Town of Stratford.
                                       downstream of Janice
                                       Peaslee Bridge
                                       (formerly Maidstone-
                                       Stratford Hollow
                                       Bridge).
                                      Approximately 1,180             +864         +865
                                       feet downstream of
                                       Janice Peaslee Bridge
                                       (formerly Maidstone-
                                       Stratford Hollow
                                       Bridge).
Connecticut River...................  Approximately 2.1 miles         None         +932  Town of Clarksville,
                                       upstream of State                                  Town of Colebrook,
                                       Route 105.                                         Town of Columbia, Town
                                                                                          of Stewartstown.
                                      Approximately 0.6 mile          None        +1106
                                       downstream of U.S.
                                       Route 3.
Dead River..........................  At the Androscoggin             +947         +950  City of Berlin.
                                       River confluence.
                                      Approximately 0.4 mile         +1048        +1049
                                       upstream of Hillside
                                       Avenue.
Greenough Brook.....................  At the Androscoggin             None        +1226  Town of Errol.
                                       River confluence.
                                      At the downstream side          None        +1230
                                       of the Akers Pond Dam.
Moose Brook.........................  At the Androscoggin             +794         +793  Town of Gorham.
                                       River confluence.
                                      Approximately 840 feet          None        +1128
                                       upstream of Jimtown
                                       Road.
Moose Brook Split...................  At the Moose Brook              None         +924  Town of Gorham.
                                       confluence.
                                      At the Moose Brook              None         +937
                                       divergence.
Moose River.........................  At the Androscoggin             +786         +787  Town of Gorham.
                                       River confluence.
                                      Approximately 0.4 mile          +831         +830
                                       upstream of Main
                                       Street.
Peabody River.......................  At the Androscoggin             None         +755  Town of Gorham, Town of
                                       River confluence.                                  Shelburne.
                                      Approximately 1.8 miles        +1054        +1060
                                       upstream of Glen Road.
Tinker Brook........................  At the Androscoggin             +846         +842  Town of Gorham.
                                       River confluence.
                                      Approximately 0.9 mile          None        +1206
                                       upstream of Main
                                       Street.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.
 
Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
 
                                                    ADDRESSES
City of Berlin
Maps are available for inspection at City Hall, 168 Main Street, Berlin, NH 03570.
 
Town of Clarksville
Maps are available for inspection at the Town Office, 408 New Hampshire Route 145, Clarksville, NH 03592.
 
Town of Colebrook
Maps are available for inspection at the Town Hall, 17 Bridge Street, Colebrook, NH 03576.
 
Town of Columbia
Maps are available for inspection at the Town Hall, 1679 U.S. Route 3, Columbia, NH 03576.
 
Town of Dummer
Maps are available for inspection at the Town Office, 75 Hill Road, Dummer, NH 03588.
 
Town of Errol
Maps are available for inspection at the Selectmen's Office, 33 Main Street, Errol, NH 03579.
 
Town of Gorham
Maps are available for inspection at the Town Hall, 20 Park Street, Gorham, NH 03581.
 

[[Page 53084]]

 
Town of Milan
Maps are available for inspection at the Municipal Building, 20 Bridge Street, Milan, NH 03588.
 
Town of Shelburne
Maps are available for inspection at the Town Hall, 74 Village Road, Shelburne, NH 03581.
 
Town of Stewartstown
Maps are available for inspection at the Stewartstown Town Clerk's Office, 888 Washington Street, West
 Stewartstown, NH 03597.
 
Town of Stratford
Maps are available for inspection at the Town Hall, 10 Town Common Road, Stratford, NH 03590.
 
                                       Unincorporated Areas of Coos County
Maps are available for inspection at the Coos County Commissioner's Office, 136 County Farm Road, West
 Stewartstown, NH 03597.
----------------------------------------------------------------------------------------------------------------
                            Edgecombe County, North Carolina, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Cowlick Creek.......................  At the Tar River                 +79          +78  City of Rocky Mount.
                                       confluence.
                                      At the Parkers Canal             +80          +79
                                       confluence.
Tar River...........................  Approximately 0.5 mile           +79          +78  City of Rocky Mount,
                                       downstream of the                                  Unincorporated Areas
                                       Cowlick Creek                                      of Edgecombe County.
                                       confluence.
                                      Approximately 1,100              +82          +81
                                       feet downstream of
                                       Atlantic Avenue.
----------------------------------------------------------------------------------------------------------------
* 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 Rocky Mount
Maps are available for inspection at the Planning Department, 331 South Franklin Street, Rocky Mount, NC 27802.
 
                                    Unincorporated Areas of Edgecombe County
Maps are available for inspection at the Edgecombe County Administration Building, 201 Saint Andrews Street,
 Tarboro, NC 27886.
----------------------------------------------------------------------------------------------------------------
                                   Smith County, Texas, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Black Fork Creek....................  Approximately 0.43 mile         None         +380  City of Tyler,
                                       upstream of the                                    Unincorporated Areas
                                       Prairie Creek West                                 of Smith County.
                                       confluence.
                                      Approximately 0.71 mile         +530         +531
                                       upstream of East 5th
                                       Street.
Tributary BF-1......................  At the Black Fork Creek         +434         +436  City of Tyler,
                                       confluence.                                        Unincorporated Areas
                                                                                          of Smith County.
                                      Approximately 1.2 miles         None         +476
                                       upstream of Loop 323.
Tributary BF-M-1....................  At the Black Fork Creek         +495         +496  City of Tyler.
                                       confluence.
                                      Approximately 1,475             None         +523
                                       feet upstream of
                                       Devine Street.
Tributary D.........................  At the Black Fork Creek         +468         +469  City of Tyler.
                                       confluence.
                                      Approximately 1,150             None         +541
                                       feet upstream of
                                       Donnybrook Avenue.
Tributary D-1.......................  At the Black Fork Creek         +477         +473  City of Tyler.
                                       Tributary D confluence.
                                      Approximately 225 feet          None         +511
                                       upstream of North
                                       Broadway Avenue.
Tributary D-2.......................  At the Black Fork Creek         +488         +487  City of Tyler.
                                       Tributary D confluence.
                                      Approximately 275 feet          None         +508
                                       upstream of Center
                                       Street.
Tributary D-3.......................  At the Black Fork Creek         +492         +488  City of Tyler.
                                       Tributary D confluence.
                                      Approximately 850 feet          None         +512
                                       upstream of East
                                       Houston Street.
Tributary D-4.......................  At the Black Fork Creek         None         +527  City of Tyler.
                                       Tributary D confluence.
                                      Approximately 125 feet          None         +576
                                       upstream of 5th Street.
Tributary D-5.......................  At the Black Fork Creek         None         +541  City of Tyler.
                                       Tributary D confluence.
                                      Approximately 300 feet          None         +571
                                       upstream of West 2nd
                                       Street.
Butler Creek........................  Approximately 340 feet          None         +361  City of Tyler,
                                       upstream of FM 2661.                               Unincorporated Areas
                                                                                          of Smith County.

[[Page 53085]]

 
                                      Approximately 640 feet          None         +457
                                       upstream of State
                                       Route 155.
Gilley Creek........................  Approximately 310 feet          None         +379  City of Tyler,
                                       downstream of FM 848.                              Unincorporated Areas
                                                                                          of Smith County.
                                      Approximately 150 feet          None         +474
                                       upstream of University
                                       Boulevard.
Tributary G-1.......................  At the Gilley Creek             None         +426  City of Tyler,
                                       confluence.                                        Unincorporated Areas
                                                                                          of Smith County.
                                      Approximately 1.14              None         +478
                                       miles upstream of
                                       County Road 2120.
Harris Creek........................  Approximately 300 feet          None         +329  Unincorporated Areas of
                                       upstream of the Ray                                Smith County.
                                       Creek confluence.
                                      Approximately 3.37              None         +468
                                       miles upstream of
                                       State Route 31.
Henshaw Creek.......................  At the West Mud Creek           +381         +383  Unincorporated Areas of
                                       confluence.                                        Smith County.
                                      Approximately 0.71 mile         +475         +477
                                       upstream of County
                                       Road 165.
Indian Creek........................  Approximately 490 feet          None         +349  City of Tyler,
                                       upstream of the Lake                               Unincorporated Areas
                                       Palestine confluence.                              of Smith County.
                                      Approximately 0.89 mile         None         +496
                                       upstream of Loop 323.
Ray Creek...........................  Approximately 0.37 mile         None         +332  Unincorporated Areas of
                                       upstream of the Harris                             Smith County.
                                       Creek confluence.
                                      Approximately 525 feet          None         +436
                                       upstream of Old
                                       Gladwater Highway.
Shackleford Creek...................  At the West Mud Creek           +380         +383  City of Tyler,
                                       confluence.                                        Unincorporated Areas
                                                                                          of Smith County.
                                      Approximately 0.75 mile         None         +501
                                       upstream of Paluxy
                                       Drive (FM 756).
West Mud Creek......................  Approximately 200 feet          +360         +361  City of Tyler,
                                       upstream of FM 344                                 Unincorporated Areas
                                       East.                                              of Smith County.
                                      Approximately 210 feet          None         +506
                                       upstream of Loop 323.
Tributary 11........................  At the West Mud Creek           +417         +419  City of Tyler.
                                       confluence.
                                      Approximately 1,950             None         +479
                                       feet upstream of
                                       Woodlands Drive.
Tributary B.........................  Approximately 125 feet          +468         +467  City of Tyler.
                                       upstream of the West
                                       Mud Creek confluence.
                                      Approximately 470 feet          None         +505
                                       upstream of Paluxy
                                       Drive.
Tributary M-1.......................  At the West Mud Creek           +442         +444  City of Tyler.
                                       Tributary M-A
                                       confluence.
                                      Approximately 0.54 mile         +487         +485
                                       upstream of North Star
                                       Boulevard.
Tributary M-2.......................  Approximately 425 feet          +464         +463  City of Tyler.
                                       upstream of the West
                                       Mud Creek confluence.
                                      Approximately 1,510             +481         +469
                                       feet upstream of
                                       Barbee Drive.
Tributary M-A.......................  Approximately 200 feet          +445         +444  City of Tyler.
                                       upstream of the West
                                       Mud Creek confluence.
                                      Approximately 80 feet           None         +509
                                       upstream of Woodland
                                       Hills Drive.
Tributary M-A.1.....................  At the West Mud Creek           +472         +471  City of Tyler.
                                       Tributary M-A
                                       confluence.
                                      Approximately 160 feet          None         +493
                                       upstream of Charleston
                                       Drive.
Tributary M-A.2.....................  At the West Mud Creek           None         +487  City of Tyler.
                                       Tributary M-A
                                       confluence.
                                      Approximately 0.56 mile         None         +532
                                       upstream of Loop 323.
Tributary M-C.......................  Approximately 450 feet          +478         +477  City of Tyler.
                                       upstream of the West
                                       Mud Creek confluence.
                                      Approximately 75 feet           None         +531
                                       upstream of Azalea
                                       Drive.
Tributary M-C.1.....................  Approximately 160 feet          +489         +488  City of Tyler.
                                       upstream of the West
                                       Mud Creek Tributary M-
                                       C confluence.
                                      At the upstream side of         None         +510
                                       Shannon Drive.
Tributary M-C.2.....................  At the West Mud Creek           None         +502  City of Tyler.
                                       Tributary M-C
                                       confluence.
                                      Approximately 1,225             None         +524
                                       feet upstream of Fair
                                       Lane.
Wiggins Creek.......................  At the downstream side          None         +327  Unincorporated Areas of
                                       of the railroad.                                   Smith County.
                                      Approximately 0.83 mile         None         +373
                                       upstream of Harris
                                       Creek Church Road.

[[Page 53086]]

 
Willow Creek........................  At the Black Fork Creek         +419         +423  City of Tyler,
                                       confluence.                                        Unincorporated Areas
                                                                                          of Smith County.
                                      Approximately 375 feet          None         +522
                                       upstream of West Front
                                       Street.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.
 
Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
 
                                                    ADDRESSES
 
City of Tyler
Maps are available for inspection at the Development Services Office, 423 West Ferguson Street, Tyler, TX 75702.
 
                                      Unincorporated Areas of Smith County
Maps are available for inspection at the Smith County Courthouse, 100 North Broadway Avenue, Tyler, TX 75702.
 
----------------------------------------------------------------------------------------------------------------

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

    Dated: August 12, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation, 
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2011-21709 Filed 8-24-11; 8:45 am]
BILLING CODE 9110-12-P