Federal Register: November 9, 2010 (Volume 75, Number 216)
DOCID: fr09no10-28 FR Doc 2010-28225
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
CFR Citation: 44 CFR Part 67
Docket ID: [Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1155]
NOTICE: PROPOSED RULES
DOCID: fr09no10-28
DOCUMENT ACTION: Proposed rule.
SUBJECT CATEGORY:
Proposed Flood Elevation Determinations
DATES: Comments are to be submitted on or before February 7, 2011.
DOCUMENT 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 notice 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.
SUMMARY:
Flood Elevation Determinations
SUPPLEMENTAL 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:
* Elevation in feet
(NGVD) + Elevation in
feet (NAVD)
Owltown Creek.
Approximately 1.12 None +1519
miles upstream of Holt Bridge Road.
[[Page 68745]]
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
[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 Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation
Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
Unincorporated Areas of Gilmer County
Maps are available for inspection at the Gilmer County Courthouse, 1 Broad Street, Ellijay, GA 30540.
La Porte County, Indiana, and Incorporated Areas
Lake Michigan....................... Entire shoreline within None +585 City of Michiana
community. Shores, Unincorporated
Areas of La Porte
County.
Lake Michigan....................... Entire shoreline within +587 +585 Town of Long Beach. community.
Lake Michigan....................... Entire shoreline within +584 +585 City of Michigan City. community.
Otter Creek......................... At the confluence with None +592 Town of Pottawattamie
Trail Creek. Park.
Approximately 1,000 None +598 feet downstream of
Karwick Road.
Trail Creek......................... At the confluence with +584 +585 City of Michigan City. Lake Michigan.
Approximately 1,100 +584 +585 feet upstream of E
Street.
Trail Creek......................... Approximately 1,100 None +591 Town of Pottawattamie
feet upstream of Park. Liberty Trail Road.
At the confluence with None +592 Otter Creek.
White Ditch......................... Approximately 160 feet None +604 City of Michiana
downstream of Michiana Shores, City of
Drive. Michigan City,
Unincorporated Areas
of La Porte County.
Approximately 1,840 None +607 feet upstream of
Oakdale Drive.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
[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 Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation
Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES City of Michiana Shores
Maps are available for inspection at City Hall, 601 El Portal South Drive, Michiana Shores, IN 46360. City of Michigan City
Maps are available for inspection at City Hall, 100 East Michigan Boulevard, Michigan City, IN 46360. Town of Long Beach
Maps are available for inspection at the Town Hall, 2400 Oriole Trail, Long Beach, IN 46360. Town of Pottawattamie Park
Maps are available for inspection at the La Porte County Government Complex, 809 State Street, Suite 503A, La Porte, IN 46350.
Unincorporated Areas of La Porte County
Maps are available for inspection at the La Porte County Government Complex, 809 State Street, Suite 503A, La Porte, IN 46350.
Butte County, South Dakota, and Incorporated Areas
Belle Fourche River................. Just upstream of U.S. +3012 +3008 City of Belle Fourche,
Route 212. Unincorporated Areas
of Butte County.
Approximately 0.7 mile +3017 +3019
upstream of Fairground Road.
Hay Creek........................... Approximately 500 feet +3041 +3042 City of Belle Fourche,
downstream of U.S. Unincorporated Areas
Route 85. of Butte County. [[Page 68746]]
Approximately 0.9 mile None +3089 downstream of Black
Angus Lane.
Redwater River...................... Approximately 1,200 +3018 +3016 City of Belle Fourche,
feet downstream of Unincorporated Areas
U.S. Route 212 of Butte County. Business.
Approximately 700 feet +3024 +3023
upstream of U.S. Route 212 Business.
Willow Creek........................ Approximately 0.5 mile None +3022 City of Belle Fourche,
downstream of Snoma Unincorporated Areas
Street. of Butte County.
Approximately 1,650 None +3183 feet downstream of
West Wood Road.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
[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 Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation
Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES City of Belle Fourche
Maps are available for inspection at 511 6th Avenue, Belle Fourche, SD 57717.
Unincorporated Areas of Butte County
Maps are available for inspection at 830 6th Avenue, Belle Fourche, SD 57717.
Custer County, South Dakota, and Incorporated Areas
Battle Creek........................ Approximately 1.6 miles None +3262 Town of Hermosa,
downstream of Chicago Unincorporated Areas
and Northwest Railroad. of Custer County.
Approximately 600 feet +3390 +3388
upstream of Paradise Road.
Ferguson Split FlowBattle Creek... Approximately 0.5 mile None +3260 Town of Hermosa,
downstream of Unincorporated Areas
Fairgrounds Place. of Custer County.
Approximately 130 feet +3290 +3292 upstream of Donna
Street.
Grace Coolidge Creek................ Approximately 180 feet +3345 +3341 Unincorporated Areas of
downstream of the Custer County.
divergence from Battle Creek.
Approximately 3.1 miles None +3473 upstream of State
Highway 36.
Railroad Spill FlowBattle Creek... Just upstream of the None +3290 Town of Hermosa,
confluence with Battle Unincorporated Areas
Creek. of Custer County.
Just downstream of the None +3294
divergence from Battle Creek.
South Bank Split FlowBattle Creek. Approximately 1,200 None +3310 Unincorporated Areas of
feet upstream of the Custer County.
confluence with Battle Creek.
Approximately 870 feet None +3325
upstream of Yellow Oak Road.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
[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 Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation
Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES Town of Hermosa
Maps are available for inspection at 420 Mount Rushmore Road, Custer, SD 57730.
Unincorporated Areas of Custer County
Maps are available for inspection at 420 Mount Rushmore Road, Custer, SD 57730. [[Page 68747]]
Forest County, Wisconsin, and Incorporated Areas
Metonga Lake........................ Entire Shoreline within None +1599 Unincorporated Areas of
community. Forest County.
Peshtigo Lake....................... Entire Shoreline within None +1591 Unincorporated Areas of
community. Forest County.
Roberts Lake........................ Entire Shoreline within None +1594 Unincorporated Areas of
community. Forest County. * National Geodetic Vertical Datum.
+ North American Vertical Datum.
[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 Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation
Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
Unincorporated Areas of Forest County
Maps are available for inspection at 200 East Madison Avenue, Crandon, WI 54520.
La Crosse County, Wisconsin, and Incorporated Areas
Black River......................... Approximately 0.5 mile None +694 Unincorporated Areas of
downstream of the La Crosse County.
confluence with Davis Creek.
Approximately 3.36 None +706
miles upstream of the confluence with
Hardies Creek.
Ebner Coulee Main Channel........... Approximately 1,584 None +659 City of La Crosse,
feet downstream of Unincorporated Areas
29th Street. of La Crosse County.
Approximately 1,584 None +697
feet upstream of 29th Street.
Ebner Coulee Southeast Bank......... Approximately 52.8 feet None +665 City of La Crosse. upstream of 29th
Street.
Approximately 528 feet None +673 upstream of 29th
Street.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
[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 Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation
Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES City of La Crosse
Maps are available for inspection at City Hall, 400 La Crosse Street, La Crosse, WI 54601.
Unincorporated Areas of La Crosse County
Maps are available for inspection at 400 4th Street North, La Crosse, WI 54601.
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'')
Dated: October 29, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation,
Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 201028225 Filed 11810; 8:45 am]
BILLING CODE 911012P
FOR FURTHER INFORMATION CONTACT
Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 6463461, or (email) roy.e.wright@dhs.gov.