[Federal Register Volume 78, Number 98 (Tuesday, May 21, 2013)]
[Rules and Regulations]
[Pages 29654-29655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12025]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2013-0002]


Final Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: Base (1% annual-chance) Flood Elevations (BFEs) and modified 
BFEs are made final for the communities listed below. The BFEs and 
modified BFEs are the basis for the floodplain management measures that 
each community is required either to adopt or to show evidence of being 
already in effect in order to qualify or remain qualified for 
participation in the National Flood Insurance Program (NFIP).

DATES: The date of issuance of the Flood Insurance Rate Map (FIRM) 
showing BFEs and modified BFEs for each community. This date may be 
obtained by contacting the office where the maps are available for 
inspection as indicated in the table below.

ADDRESSES: The final BFEs for each community are available for 
inspection at the office of the Chief Executive Officer of each 
community. The respective addresses are listed in the table below.

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) makes the final determinations listed below for the modified 
BFEs for each community listed. These modified elevations have been 
published in newspapers of local circulation and ninety (90) days have 
elapsed since that publication. The Deputy Associate Administrator for 
Mitigation has resolved any appeals resulting from this notification.
    This final rule is issued in accordance with section 110 of the 
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 
67. FEMA has developed criteria for floodplain management in floodprone 
areas in accordance with 44 CFR part 60.
    Interested lessees and owners of real property are encouraged to 
review the proof Flood Insurance Study and FIRM available at the 
address cited below for each community. The BFEs and modified BFEs are 
made final in the communities listed below. Elevations at selected 
locations in each community are shown.
    National Environmental Policy Act. This final 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.
    Regulatory Classification. This final rule is not a significant 
regulatory action under the criteria of section 3(f) of Executive Order 
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 
51735.
    Executive Order 13132, Federalism. This final rule involves no 
policies that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This final 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 amended as follows:

PART 67--[AMENDED]

0
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.  67.11  [Amended]

0
2. The tables published under the authority of Sec.  67.11 are amended 
as follows:

[[Page 29655]]



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                                                                      * Elevation in
                                                                      feet  (NGVD) +
                                                                    Elevation in feet
                                                                     (NAVD) 
           Flooding source(s)              Location of referenced     Depth in feet       Communities affected
                                                 elevation             above ground
                                                                    [caret] Elevation
                                                                     in  meters (MSL)
                                                                         Modified
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                                         Kenai Peninsula Borough, Alaska
                                             Docket No.: FEMA-B-1126
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Bear Creek.............................  At the confluence with                  +170  Kenai Peninsula Borough.
                                          Salmon Creek.
                                         At the outflow from Bear                +255
                                          Lake.
Grouse Creek...........................  At the confluence with                  +189  Kenai Peninsula Borough.
                                          Lost Creek.
                                         At the outflow from                     +220
                                          Grouse Lake.
Kwechack Creek (Including Flows Outside  At the confluence with                  +136  Kenai Peninsula Borough.
 of the Levees).                          Salmon Creek.
                                         Approximately 1.4 mile                  +336
                                          upstream of the Brono
                                          Road bridge.
Resurrection River.....................  At the confluence with                   +16  City of Seward, Kenai
                                          Resurrection Bay.                             Peninsula Borough.
                                         Approximately 1.6 mile                   +74
                                          upstream of the Alaskan
                                          Railroad, near the
                                          intersection of Wilma
                                          Bypass and Herman Leirer
                                          Road.
Salmon Creek...........................  At the confluence with                   +16  City of Seward, Kenai
                                          Resurrection Bay.                             Peninsula Borough.
                                         At the confluence with                  +189
                                          Grouse Creek and Lost
                                          Creek, just downstream
                                          of Timber Lane Drive.
Salmon Creek Overflow..................  At the confluence with                   +68  Kenai Peninsula Borough.
                                          Salmon Creek.
                                         At the divergence from                  +148
                                          Salmon Creek.
Salmon Creek Split.....................  At the confluence with                   +41  Kenai Peninsula Borough.
                                          Salmon Creek.
                                         At the divergence from                   +88
                                          Salmon Creek.
Salmon Creek/Resurrection River Split..  At the confluence with                   +38  Kenai Peninsula Borough.
                                          Resurrection River.
                                         At the outflow from                      +40
                                          Salmon Creek.
Sawmill Creek..........................  At the confluence with                   +16  City of Seward, Kenai
                                          Resurrection Bay.                             Peninsula Borough.
                                         Approximately 1.3 mile                  +183
                                          upstream of Nash Road.
Sawmill Creek Split....................  At the divergence from                   +12  City of Seward.
                                          Sawmill Creek.
                                         At the confluence with                   +16
                                          Resurrection Bay.
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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.
                                                    ADDRESSES
City of Seward
Maps are available for inspection at 410 Adams Street, Seward, AK 99664.
Kenai Peninsula Borough
Maps are available for inspection at 144 North Binkley Street, Soldotna, AK 99669.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')

Roy E. Wright,
Deputy Associate Administrator for Mitigation, Department of Homeland 
Security, Federal Emergency Management Agency.
[FR Doc. 2013-12025 Filed 5-20-13; 8:45 am]
BILLING CODE 9110-12-P