[Federal Register Volume 76, Number 227 (Friday, November 25, 2011)]
[Proposed Rules]
[Pages 72661-72666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-30304]


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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-B-1232]


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 February 23, 2012.

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-1232, 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 (email) 
[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 (email) [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

[[Page 72662]]

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
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                   Town of Richland, New York
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
New York.............................  Town of Richland........  Lake Ontario.............................  Entire shoreline within Selkirk Shores State Park boundary         None         +249
New York.............................  Town of Richland........  South Branch Grindstone Creek (backwater   Areas within Selkirk Shores State Park boundary...........         None         +249
                                                                  effects from Lake Ontario).
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* 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 Richland
Maps are available for inspection at the Town of Richland Courthouse Building, 1 Bridge Street, Pulaski, NY 13142.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------
                                                                  * 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)
                                                              --------------------------
                                                                 Existing     Modified
----------------------------------------------------------------------------------------------------------------
                                Middlesex County, Connecticut (All Jurisdictions)
----------------------------------------------------------------------------------------------------------------
Long Island Sound...................  Approximately 1,000               +9          +10  Borough of Fenwick,
                                       feet south of the                                  Town of Clinton, Town
                                       intersection of U.S.                               of Old Saybrook, Town
                                       Route 1 and Chapman                                of Westbrook.
                                       Beach Drive.
                                      Approximately 400 feet           +15          +24
                                       southeast of the
                                       intersection of
                                       Hartlands Drive and
                                       Sea Lane No. 1.
----------------------------------------------------------------------------------------------------------------
* 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
 
Borough of Fenwick
Maps are available for inspection at the Fenwick Borough Municipal Office, 580 Maple Avenue, Old Saybrook, CT
 06475.
 

[[Page 72663]]

 
Town of Clinton
Maps are available for inspection at the Town Hall, 54 East Main Street, Clinton, CT 06413.
 
Town of Old Saybrook
Maps are available for inspection at the Town Hall, 302 Main Street, Old Saybrook, CT 06475.
 
Town of Westbrook
Maps are available for inspection at the Town Hall, 866 Boston Post Road, Westbrook, CT 06498.
----------------------------------------------------------------------------------------------------------------
                               Allegheny County, Pennsylvania (All Jurisdictions)
----------------------------------------------------------------------------------------------------------------
Graesers Run........................  At the McLaughlin Run           +986         +989  Borough of Bethel Park,
                                       confluence.                                        Township of Upper St.
                                                                                          Clair.
                                      Approximately 1,720             None        +1025
                                       feet upstream of
                                       Brookside Boulevard.
McLaughlin Run......................  Approximately 50 feet           +801         +802  Borough of Bethel Park,
                                       upstream of the                                    Borough of
                                       Chartiers Creek                                    Bridgeville, Township
                                       confluence.                                        of Upper St. Clair.
                                      Approximately 1,330             None        +1017
                                       feet upstream of
                                       Bethel Church Road.
Plum Creek..........................  Approximately 220 feet          +743         +742  Borough of Oakmont,
                                       upstream of Allegheny                              Borough of Plum,
                                       River Boulevard.                                   Borough of Verona,
                                                                                          Township of Penn
                                                                                          Hills.
                                      Approximately 280 feet          None        +1018
                                       upstream of Saltsburg
                                       Road.
----------------------------------------------------------------------------------------------------------------
* 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
 
Borough of Bethel Park
Maps are available for inspection at the Municipal Building, 5100 West Library Avenue, Bethel Park, PA 15102.
 
Borough of Bridgeville
Maps are available for inspection at the Municipal Building, 425 Bower Hill Road, Bridgeville, PA 15017.
 
Borough of Oakmont
Maps are available for inspection at the Borough Office, 767 5th Street, Oakmont, PA 15139.
 
Borough of Plum
Maps are available for inspection at the Plum Borough Municipal Building, 4575 New Texas Road, Pittsburgh, PA
 15239.
 
Borough of Verona
Maps are available for inspection at the Municipal Building, 736 East Railroad Avenue, Verona, PA 15147.
 
Township of Penn Hills
Maps are available for inspection at the Municipal Building, 12245 Frankstown Road, Penn Hills, PA 15234.
 
Township of Upper St. Clair
Maps are available for inspection at the Municipal Building, 1830 McLaughlin Run Road, Upper St. Clair, PA
 15241.
----------------------------------------------------------------------------------------------------------------
                                 Monroe County, Pennsylvania (All Jurisdictions)
----------------------------------------------------------------------------------------------------------------
Appenzell Creek.....................  Approximately 100 feet          +485         +486  Township of Hamilton,
                                       upstream of the                                    Township of Jackson.
                                       McMichaels Creek
                                       confluence.
                                      Approximately 975 feet          None         +871
                                       upstream of LR 45056.
Aquashicola Creek...................  At the Carbon County            None         +467  Township of Eldred,
                                       Boundary                                           Township of Ross.
                                       (approximately 2.2
                                       miles downstream of
                                       Lower Smith Gap Road).
                                      Approximately 1.2 miles         +579         +580
                                       upstream of the most
                                       upstream Upper Smith
                                       Gap Road crossing.
Brodhead Creek Reach 1..............  At the Delaware River           +321         +323  Township of Smithfield.
                                       confluence.
                                      Approximately 0.5 mile          +321         +323
                                       upstream of State
                                       Route 2028.
Buck Hill Creek.....................  Approximately 160 feet         +1018        +1017  Township of Barrett,
                                       upstream of the                                    Township of Coolbaugh.
                                       Brodhead Creek Reach 2
                                       and Middle Branch
                                       Tributary confluence.

[[Page 72664]]

 
                                      Approximately 2.2 miles         None        +2012
                                       upstream of State
                                       Route 191.
Bushkill Creek......................  Approximately 1,100             +471         +470  Township of Middle
                                       feet downstream of                                 Smithfield.
                                       Club House Drive.
                                      Approximately 1,130             None         +756
                                       feet upstream of State
                                       Route 402.
Cherry Creek........................  At the Delaware River           +321         +323  Borough of Delaware
                                       confluence.                                        Water Gap, Township of
                                                                                          Hamilton, Township of
                                                                                          Smithfield, Township
                                                                                          of Stroud.
                                      Approximately 1,250             None         +635
                                       feet upstream of
                                       Spring Mountain Lane.
Cranberry Creek at Paradise.........  At the upstream side of         +706         +715  Township of Paradise.
                                       Browns Hill Road.
                                      Approximately 200 feet          None        +1092
                                       upstream of Snowbird
                                       Lane.
Cranberry Creek at Pocono...........  At the Pocono Creek             +794         +796  Township of Pocono.
                                       confluence.
                                      Approximately 580 feet          +818         +817
                                       downstream of State
                                       Route 611.
Delaware River......................  Approximately 1.3 miles         +312         +315  Borough of Delaware
                                       downstream of I-80.                                Water Gap, Township of
                                                                                          Middle Smithfield,
                                                                                          Township of
                                                                                          Smithfield.
                                      Approximately 14.8              None         +357
                                       miles upstream of I-80.
Kettle Creek........................  At the Appenzell Creek          +493         +491  Township of Hamilton.
                                       confluence.
                                      Approximately 200 feet          +493         +492
                                       upstream of the
                                       Appenzell Creek
                                       confluence.
Lehigh River Reach 2................  Approximately 1.4 miles         None        +1512  Township of Coolbaugh,
                                       downstream of State                                Township of Tobyhanna.
                                       Route 4003.
                                      Approximately 780 feet          None        +1617
                                       upstream of T-303.
Marshalls Creek.....................  At the Brodhead Creek           +321         +323  Township of Middle
                                       Reach 1 confluence.                                Smithfield, Township
                                                                                          of Smithfield.
                                      Approximately 2.6 miles         None        +1144
                                       upstream of Wooddale
                                       Road.
Pocono Creek........................  Approximately 1,000             +415         +416  Borough of Stroudsburg,
                                       feet upstream of the                               Township of Hamilton,
                                       McMichaels Creek                                   Township of Pocono,
                                       confluence.                                        Township of Stroud.
                                      Approximately 0.8 mile          None        +1441
                                       upstream of Wilke Road.
Sambo Creek.........................  Approximately 60 feet           None         +444  Township of Stroud.
                                       downstream of the
                                       railroad.
                                      Approximately 1,500             None         +451
                                       feet upstream of State
                                       Route 447 (extended).
Scot Run............................  At the Pocono Creek             +948         +955  Township of Pocono.
                                       confluence.
                                      Approximately 450 feet          +954         +955
                                       downstream of State
                                       Route 611.
Shawnee Creek Reach 1...............  At the Delaware River           +325         +326  Township of Smithfield.
                                       confluence.
                                      Approximately 100 feet          +325         +326
                                       upstream of River Road.
Swiftwater Creek....................  Approximately 1,580            +1162        +1163  Township of Pocono,
                                       feet downstream of                                 Township of Tobyhanna.
                                       State Route 314.
                                      Approximately 2.7 miles         None        +1736
                                       upstream of Lake
                                       Minausin Dam.
Tributary 4 to Pocono Creek.........  At the Pocono Creek             +865         +861  Township of Pocono.
                                       confluence.
                                      Approximately 110 feet          +866         +865
                                       downstream of Alger
                                       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
 
Borough of Delaware Water Gap
Maps are available for inspection at the Municipal Building, 49 Main Street, Delaware Water Gap, PA 18327.
 
Borough of Stroudsburg
Maps are available for inspection at the Municipal Building, 700 Sarah Street, Stroudsburg, PA 18360.
 

[[Page 72665]]

 
Township of Barrett
Maps are available for inspection at the Barrett Township Hall, 993 State Route 390, Cresco, PA 18326.
 
Township of Coolbaugh
Maps are available for inspection at the Coolbaugh Township Municipal Center, 5550 Memorial Boulevard,
 Tobyhanna, PA 18466.
 
Township of Eldred
Maps are available for inspection at the Eldred Township Office, 490 Kunkletown Road, Kunkletown, PA 18058.
 
Township of Hamilton
Maps are available for inspection at the Hamilton Township Municipal Building, Fenner Avenue, Sciota, PA 18354.
 
Township of Jackson
Maps are available for inspection at the Jackson Township Municipal Building, 2162 State Route 715, Stroudsburg,
 PA 18360.
 
Township of Middle Smithfield
Maps are available for inspection at the Middle Smithfield Township Office, Schoonover Municipal Building, 25
 Municipal Drive, East Stroudsburg, PA 18301.
 
Township of Paradise
Maps are available for inspection at the Paradise Township Municipal Building, 5912 Paradise Valley Road,
 Cresco, PA 18326.
 
Township of Pocono
Maps are available for inspection at the Pocono Township Municipal Building, State Route 611, Tannersville, PA
 18372.
 
Township of Ross
Maps are available for inspection at the Ross Township Municipal Building, 258 Anchorage Road, Saylorsburg, PA
 18353.
 
Township of Smithfield
Maps are available for inspection at the Smithfield Township Municipal Building, 1155 Red Fox Road, East
 Stroudsburg, PA 18301.
 
Township of Stroud
Maps are available for inspection at the Stroud Township Municipal Center, 1211 North 5th Street, Stroudsburg,
 PA 18360.
 
Township of Tobyhanna
Maps are available for inspection at the Tobyhanna Township Municipal Building, 105 Government Center Way,
 Pocono Pines, PA 18350.
----------------------------------------------------------------------------------------------------------------
                              Susquehanna County, Pennsylvania (All Jurisdictions)
----------------------------------------------------------------------------------------------------------------
Choconut Creek......................  Approximately 0.9 mile         +1039        +1038  Township of Choconut.
                                       downstream of Kellum
                                       Road.
                                      Approximately 1,430             None        +1275
                                       feet upstream of State
                                       Route 267.
DuBois Creek........................  At the Susquehanna              +873         +875  Borough of Hallstead,
                                       River confluence.                                  Township of Great
                                                                                          Bend.
                                      Approximately 1.2 miles        +1038        +1036
                                       upstream of Steam
                                       Hollow Road.
Dundaff Creek.......................  At the East Branch             +1052        +1047  Township of Clifford.
                                       Tunkhannock Creek
                                       confluence.
                                      Approximately 0.6 mile         +1099        +1093
                                       upstream of State
                                       Route 106.
East Branch Tunkhannock Creek.......  Approximately 0.8 mile          +964         +963  Township of Clifford,
                                       downstream of LR 57037.                            Township of Lenox.
                                      Approximately 1.7 miles        +1081        +1083
                                       upstream of State
                                       Route 106.
Salt Lick Creek.....................  At the Susquehanna              +875         +877  Borough of Hallstead,
                                       River confluence.                                  Borough of New
                                                                                          Milford, Township of
                                                                                          Great Bend, Township
                                                                                          of New Milford.
                                      Approximately 0.4 mile          None        +1273
                                       upstream of State
                                       Route 1012.
Starrucca Creek.....................  At the Susquehanna              +909         +911  Borough of Lanesboro.
                                       River confluence.
                                      At North Main Street...         +909         +911
Susquehanna River...................  At the downstream New           None         +872  Borough of Great Bend,
                                       York state boundary.                               Borough of Hallstead,
                                                                                          Borough of Lanesboro,
                                                                                          Borough of Oakland,
                                                                                          Borough of Susquehanna
                                                                                          Depot, Township of
                                                                                          Great Bend, Township
                                                                                          of Harmony, Township
                                                                                          of Oakland.
                                      At the upstream New             +914         +918
                                       York state boundary.
Trowbridge Creek....................  At the Susquehanna              +873         +874  Township of Great Bend.
                                       River confluence.
                                      At the New York state           +981         +982
                                       boundary.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.

[[Page 72666]]

 
[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
 
Borough of Great Bend
Maps are available for inspection at the Borough Building, 81 Elizabeth Street, Great Bend, PA 18821.
Borough of Hallstead
Maps are available for inspection at the Municipal Building, 101 Franklin Avenue, Hallstead, PA 18822.
 
Borough of Lanesboro
Maps are available for inspection at the Borough Hall, 418 Main Street, Lanesboro, PA 18827.
 
Borough of New Milford
Maps are available for inspection at the Borough Office, 948 Main Street, Suite 1, New Milford, PA 18834.
 
Borough of Oakland
Maps are available for inspection at the Oakland Borough Building, 15 Wilson Avenue, Susquehanna, PA 18847.
 
Borough of Susquehanna Depot
Maps are available for inspection at the Susquehanna Depot Borough Hall, 83 Erie Boulevard, Suite A,
 Susquehanna, PA 18847.
 
Township of Choconut
Maps are available for inspection at the Choconut Township Hall, 26499 State Route 267, Friendsville, PA 18818.
 
Township of Clifford
Maps are available for inspection at the Township Building, 119 Cemetery Street, Clifford, PA 18441.
 
Township of Great Bend
Maps are available for inspection at the Great Bend Township Building, 33253 State Route 151, Susquehanna, PA
 18847.
 
Township of Harmony
Maps are available for inspection at the Harmony Township Office, 4197 Starrucca Creek Road, Susquehanna, PA
 18847.
 
Township of Lenox
Maps are available for inspection at the Lenox Township Municipal Building, 2811 State Route 92, Kingsley, PA
 18826.
 
Township of New Milford
Maps are available for inspection at the Township Building, 19730 State Route 11, New Milford, PA 18834.
 
Township of Oakland
Maps are available for inspection at the Oakland Township Building, 36 Riverside Drive, Susquehanna, PA 18847.
----------------------------------------------------------------------------------------------------------------

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

    Dated: November 14, 2011.
Sandra K. Knight,
Deputy Associate Administrator for Mitigation, Department of Homeland 
Security, Federal Emergency Management Agency.
[FR Doc. 2011-30304 Filed 11-23-11; 8:45 am]
BILLING CODE 9110-12-P