Proposed Rules. Proposed rule

Agency: Federal Emergency Management Agency, DHS
Action: Proposed rule
Citation: FR Doc. 2011-2281 · Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-B-1174 · 44 CFR 67

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 May 3, 2011.

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. § 67.4 [Amended] 2. The tables published under the authority of § 67.4 are proposed to be amended as follows: Flooding source(s) Location of referenced elevation** * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground ‸ Elevation in meters (MSL) Effective Modified Communities affected Benton County, Arkansas, and Incorporated Areas Blossom Way Creek At the Osage/Turtle Creek confluence +1205 +1204 City of Rogers. Approximately 0.4 mile upstream of 1st Street +1347 +1346 Brush Creek Approximately 1,530 feet upstream of the Little Sugar Creek confluence None +1095 City of Little Flock, City of Rogers, Unincorporated Areas of Benton County. Approximately 1,600 feet upstream of State Highway 94 North None +1198 Brush Creek Tributary At the Brush Creek confluence None +1114 City of Little Flock. Approximately 0.37 mile upstream of the Brush Creek confluence None +1131 Cross Creek Approximately 1,875 feet downstream of Willow Ridge Way None +1249 City of Rogers. At the upstream side of Mills Lane None +1313 Cross Creek Tributary 1 At the Cross Creek confluence None +1267 City of Rogers. Approximately 1,625 feet upstream of West Drive None +1307 Cross Creek Tributary 2 At the Cross Creek Tributary 1 confluence None +1267 City of Rogers. Approximately 150 feet upstream of West Drive None +1310 East Flint Creek At the Flint Creek confluence None +1201 Town of Springtown, Unincorporated Areas of Benton County. Approximately 1,830 feet upstream of Aubrey Long Road None +1211 East Tributary of Blossom Way Creek At the Blossom Way Creek confluence +1281 +1280 City of Rogers. Approximately 0.41 mile upstream of the Blossom Way Creek confluence None +1303 Flint Creek Approximately 0.45 mile downstream of the North Flint Creek and East Flint Creek confluence None +1193 Town of Springtown, Unincorporated Areas of Benton County. At the North Flint Creek and East Flint Creek confluence None +1201 Little Osage Creek (downstream reach) Approximately 0.71 mile downstream of Southwest Regional Airport Boulevard None +1163 City of Bentonville, Unincorporated Areas of Benton County. At the Little Osage Creek Tributary 2 confluence None +1182 Little Osage Creek (upstream reach) Approximately 390 feet downstream of Brookside Road None +1219 City of Bentonville, City of Centerton. Approximately 600 feet upstream of the upstream crossing of West Fish Hatchery Road None +1258 Little Osage Creek Tributary 2 Approximately 210 feet downstream of Southwest Opal Road None +1182 City of Bentonville, Unincorporated Areas of Benton County. Approximately 0.5 mile downstream of Southwest I Street None +1268 Little Osage Creek Tributary 2.1 At the Little Osage Creek Tributary 2 confluence None +1205 City of Bentonville, City of Centerton, Unincorporated Areas of Benton County. Approximately 1,510 feet upstream of Greenhouse Road None +1244 Little Osage Creek Tributary 2.1.1 At the Little Osage Creek Tributary 2.1 confluence None +1228 City of Centerton. Approximately 0.68 mile upstream of the Little Osage Creek Tributary 2.1 confluence None +1257 Little Osage Creek Tributary 2.1.2 At the Little Osage Creek Tributary 2.1 confluence None +1237 City of Centerton, Unincorporated Areas of Benton County. Approximately 0.52 mile upstream of the Little Osage Creek Tributary 2.1 confluence None +1254 North Flint Creek At the Flint Creek confluence None +1201 Town of Springtown, Unincorporated Areas of Benton County. Approximately 0.55 mile upstream of the Flint Creek confluence None +1212 Osage Tributary 1 At the Osage/Turtle Creek confluence +1196 +1194 City of Bentonville, City of Rogers. At the downstream side of Riviera Road +1256 +1257 Osage Tributary 2 At the Osage Tributary 1 confluence +1251 +1256 City of Bentonville, City of Rogers. Approximately 1,450 feet upstream of I-540 None +1283 Osage Tributary 3 At the Osage Tributary 1 confluence +1268 +1269 City of Rogers. Approximately 1,550 feet upstream of I-540 None +1284 Osage Tributary 4 At the Osage/Turtle Creek confluence +1190 +1189 City of Rogers, Unincorporated Areas of Benton County. Approximately 1,800 feet upstream of South Rainbow Road None +1270 Osage/Turtle Creek Approximately 0.47 mile downstream of Southgate Road None +1152 City of Cave Springs, City of Rogers, Unincorporated Areas of Benton County. Approximately 700 feet upstream of 5th Street +1347 +1346 Superior Tributary to Osage/Turtle Creek At the Osage/Turtle Creek confluence +1284 +1288 City of Rogers. Approximately 50 feet downstream of Dixieland Road +1310 +1309 Tributary 1 to Blossom Way Creek At the Blossom Way Creek confluence +1289 +1288 City of Rogers. At the downstream side of South 8th Street None +1331 Tributary 2 to Blossom Way Creek At the Tributary 1 to Blossom Way Creek confluence +1302 +1303 City of Rogers. Approximately 750 feet upstream of South 1st Street None +1333 Turtle Creek Tributary At the Osage/Turtle Creek confluence +1277 +1276 City of Little Flock, City of Rogers. Approximately 1,580 feet upstream of 2nd Street None +1352 Turtle Creek Tributary 1A At the Turtle Creek Tributary confluence None +1324 City of Rogers. Approximately 1,050 feet upstream of West Easy Street None +1355 Unnamed Tributary to Puppy Creek Approximately 370 feet upstream of West Monroe Avenue None +1273 City of Lowell. Approximately 300 feet upstream of Links Drive None +1285 West Tributary to Blossom Way Creek At the Blossom Way Creek confluence +1277 +1276 City of Rogers. Approximately 0.49 mile upstream of the Blossom Way Creek confluence None +1303 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ‸ 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 Bentonville Maps are available for inspection at City Hall, 117 West Central Avenue, Bentonville, AR 72712. City of Cave Springs Maps are available for inspection at City Hall, 134 North Main Street, Cave Springs, AR 72718. City of Centerton Maps are available for inspection at City Hall, 290 Main Street, Centerton, AR 72719. City of Little Flock Maps are available for inspection at City Hall, 1500 Little Flock Drive, Rogers, AR 72756. City of Lowell Maps are available for inspection at City Hall, 216 North Lincoln Street, Lowell, AR 72745. City of Rogers Maps are available for inspection at City Hall, 301 West Chestnut Street, Rogers, AR 72756. Town of Springtown Maps are available for inspection at the Town Hall, 12055 Wasson Road, Springtown, AR 72734. Unincorporated Areas of Benton County Maps are available for inspection at the Benton County Administration Building, 215 East Central Avenue, Bentonville, AR 72712. White County, Illinois, and Incorporated Areas Griffith Lake Entire shoreline within community None +391 City of Carmi. Little Wabash River Approximately 0.7 mile upstream of County Highway 23 +376 +377 City of Carmi, Unincorporated Areas of White County. At County Road 1200 East (Lowe Road) +379 +381 Old Channel Wabash River Approximately 0.82 mile downstream of Mulberry Street extended None +386 City of Grayville. Approximately 250 feet downstream of North Street extended None +386 Unnamed Ponding Area Entire area of ponding north of the abandoned railroad None +398 City of Carmi, Unincorporated Areas of White County. Unnamed Tributary to Little Wabash River At the upstream side of College Boulevard +377 +379 City of Carmi, Unincorporated Areas of White County. At the downstream side of the abandoned railroad (approximately 1.94 miles upstream of the Little Wabash River confluence) None +394 Unnamed Tributary to Little Wabash River, West Branch At the Unnamed Tributary to Little Wabash River confluence None +380 City of Carmi, Unincorporated Areas of White County. At the downstream side of Fairground Road None +383 Wabash River Approximately 0.51 mile downstream of County Road 1100 North (Emma Street) extended None +374 Village of Maunie. Approximately 480 feet upstream of County Road 1100 North (Emma Street) extended None +375 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ‸ 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 Carmi Maps are available for inspection at City Hall, 225 East Main Street, Carmi, IL 62821. City of Grayville Maps are available for inspection at City Hall, 122 South Court Street, Grayville, IL 62844. Unincorporated Areas of White County Maps are available for inspection at the White County Courthouse, 301 East Main Street, Carmi, IL 62821. Village of Maunie Maps are available for inspection at the Village Hall, 328 Sheridan Street, Maunie, IL 62861 Missouri River At the Atchison County boundary None +797 City of Elwood, City of Wathena, City of White Cloud, Iowa Tribe of Kansas And Nebraska, Unincorporated Areas of Doniphan County. Approximately 1.7 miles upstream of Main Street None +858 Peters Creek At the Missouri River confluence +811 +813 Unincorporated Areas of Doniphan County, City of Wathena. At the upstream side of Chicago Rock Island and Pacific Railroad +812 +813 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ‸ 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 Elwood Maps are available for inspection at City Hall, 207 North 6th Street, Elwood, KS 66024. City of Wathena Maps are available for inspection at City Hall, 206 Saint Joseph Street, Wathena, KS 66090. City of White Cloud Maps are available for inspection at City Hall, 2017 Main Street, White Cloud, KS 66094. Iowa Tribe of Kansas and Nebraska Maps are available for inspection at 3345 B Thrasher Road, White Cloud, KS 66094. Unincorporated Areas of Doniphan County Maps are available for inspection at 120 East Chesnut Street, Doniphan County Courthouse, Troy, KS 66087. Blair County, Pennsylvania (All Jurisdictions) Bells Gap Run At the downstream side of Becker Road None +1044 Borough of Bellwood. At the upstream side of Becker Road None +1067 Blair Gap Run Approximately 0.59 mile upstream of Mill Road None +1136 Township of Allegheny. Approximately 0.69 mile upstream of Mill Road None +1141 Blair Gap Run Approximately 975 feet upstream of the railroad None +1019 Township of Allegheny. Approximately 890 feet downstream of 2nd Avenue None +1022 Brush Run At the upstream side of 17th Street None +1096 Township of Logan. Approximately 149 feet upstream of 17th Street None +1098 Burgoon Run Approximately 405 feet upstream of Oak Avenue None +1132 Township of Logan. Approximately 585 feet upstream of Oak Avenue None +1135 Cabbage Creek Approximately 745 feet upstream of Main Street +1223 +1222 Township of Taylor. Approximately 975 feet upstream of Main Street +1224 +1223 Clover Creek Approximately 130 feet upstream of Private Drive +1075 +1072 Township of Huston, Township of Woodbury. Approximately 700 feet upstream of Private Drive +1075 +1074 Frankstown Branch Juniata River Approximately 1,855 feet downstream of State Route 36 (Woodbury Pike) +998 +995 Township of Freedom. Approximately 1,050 feet downstream of State Route 36 (Woodbury Pike) +999 +998 Halter Creek Approximately 709 feet downstream of Mountain Street +1143 +1144 Borough of Roaring Spring. Approximately 479 feet downstream of Mountain Street +1144 +1146 Laurel Run Approximately 1,025 feet upstream of Clite's Road None +1016 Township of Snyder. Approximately 1,045 feet upstream of Clite's Road None +1017 Little Juniata River Approximately 1,415 feet downstream of the Homer Gap Run confluence None +1081 Township of Logan. Approximately 1,205 feet downstream of the Homer Gap Run confluence None +1081 Mill Run At the downstream side of 58th Street +1051 +1052 City of Altoona. Poplar Run Approximately 550 feet upstream of Poplar Run Road None +1234 Township of Freedom. Approximately 780 feet upstream of Poplar Run Road None +1239 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ‸ 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 Bellwood Maps are available for inspection at the Borough Hall, 400 North 1st Street, Bellwood, PA 16617. Borough of Roaring Spring Maps are available for inspection at the Borough Building, 616 Spang Street, Roaring Spring, PA 16673. City of Altoona Maps are available for inspection at City Hall, 1301 12th Street, Suite 300, Altoona, PA 16601. Township of Allegheny Maps are available for inspection at the Allegheny Township Building, 3131 Colonial Drive, Duncansville, PA 16635. Township of Freedom Maps are available for inspection at the Freedom Township Building, 131 Municipal Street, East Freedom, PA 16637. Township of Huston Maps are available for inspection at the Huston Township Office, 1538 Sportsman Road, Martinsburg, PA 16662. Township of Logan Maps are available for inspection at the Logan Township Building, 100 Chief Logan Circle, Altoona, PA 16602. Township of Snyder Maps are available for inspection at the Snyder Township Building, 108 Baughman Hollow Road, Tyrone, PA 16686. Township of Taylor Maps are available for inspection at the Taylor Township Municipal Building, 1002 Route 36, Roaring Spring, PA 16673. Township of Woodbury Maps are available for inspection at the Woodbury Township Building, 6385 Clover Creek Road, Williamsburg, PA 16693. (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: January 24, 2011. Sandra K. Knight, Deputy Federal Insurance and Mitigation Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2011-2281 Filed 2-1-11; 8:45 am]**