Rules and Regulations. Final rule

Agency: Federal Emergency Management Agency, DHS
Action: Final rule
Citation: FR Doc. 2012-20136 · Docket ID FEMA-2012-0003 · 44 CFR 67

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.

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] 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. § 67.11 [Amended] 2. The tables published under the authority of § 67.11 are amended as follows: State City/town/county Source of flooding Location * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground ‸ Elevation in meters (MSL) Modified Unincorporated Areas of Mingo County, West Virginia Docket No.: FEMA-B-1208 West Virginia Unincorporated Areas of Mingo County Mate Creek Approximately 0.21 mile downstream of Norfolk & Western Railway (immediately downstream of County Route 9) +706 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ‸ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES Unincorporated Areas of Mingo County Maps are available for inspection at the Mingo County Floodplain Management Office, 75 East 2nd Avenue, Room 325, Williamson, WV 25661. Flooding source(s) Location of referenced elevation * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground ‸ Elevation in meters (MSL) Modified Communities affected Chicot County, Arkansas, and Incorporated Areas Docket No.: FEMA-B-1087 Flooding effects of Caney Bayou Approximately 0.55 mile north of the intersection of Grant Street and Beouff Street +110 City of Eudora. Approximately 1,035 feet south of the intersection of Camille Street and Lee Street +110 Macon Bayou Just upstream of Private Road +108 City of Eudora. Just upstream of Verser Road +108 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ‸ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Eudora Maps are available for inspection at City Hall, 239 South Main Street, Eudora, AR 71640. Logan County, Kentucky, and Incorporated Areas Docket No.: FEMA-B-1117 Proctor Branch Approximately 400 feet upstream of Bismarck Lane +525 City of Russellville, Unincorporated Areas of Logan County. Approximately 0.3 mile upstream of the confluence with Proctor Branch Tributary A +599 Proctor Branch Tributary A Just upstream of the confluence with Proctor Branch +585 City of Russellville. Approximately 1,100 feet upstream of the confluence with Proctor Branch +601 Proctor Branch Tributary B At the confluence with Proctor Branch +579 City of Russellville, Unincorporated Areas of Logan County. Approximately 200 feet downstream of Hi-View Drive +592 Town Branch Approximately 800 feet downstream of Concord Road +517 City of Russellville, Unincorporated Areas of Logan County. Just downstream of Newton Road +563 Just upstream of West 9th Street (U.S. Route 431) +621 Approximately 1,900 feet upstream of West 9th Street (U.S. Route 431) +623 Town Branch Tributary D Approximately 350 feet upstream of the confluence with Town Branch Tributary E +607 Unincorporated Areas of Logan County. Approximately 700 feet upstream of Warren Road +643 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ‸ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Russellville Maps are available for inspection at 168 South Main Street, Russellville, KY 42276. Unincorporated Areas of Logan County Maps are available for inspection at 299 West 3rd Street, Russellville, KY 42276. Madison County, Kentucky, and Incorporated Areas Docket No.: FEMA-B-1101 Brushy Fork At the confluence with Silver Creek +922 City of Berea, Unincorporated Areas of Madison County. Approximately 305 feet upstream of Mt. Vernon Road +976 Calloway Creek (backwater effects from Kentucky River) From the confluence with the Kentucky River to approximately 3,680 feet upstream of the confluence with the Kentucky River +590 Unincorporated Areas of Madison County. Clear Creek 1 (backwater effects from Kentucky River) From the confluence with Muddy Creek to approximately 635 feet upstream of Doylesville Road +600 Unincorporated Areas of Madison County. Dreaming Creek Tributary At the confluence with Dreaming Creek +837 City of Richmond, Unincorporated Areas of Madison County. Approximately 0.7 mile upstream of Old Wilderness Trail +917 Drowning Creek (backwater effects from Kentucky River) From the confluence with the Kentucky River to approximately 845 feet upstream of the confluence with Drowning Creek Tributary 3 +620 Unincorporated Areas of Madison County. Drowning Creek Tributary 3 (backwater effects from Kentucky River) From the confluence with Drowning Creek to approximately 1,245 feet upstream of the confluence with Drowning Creek +620 Unincorporated Areas of Madison County. East Fork Silver Creek (backwater effects from Silver Creek) From the confluence with Silver Creek to approximately 80 feet upstream of Gabbard Town Road +843 City of Berea, Unincorporated Areas of Madison County. Falling Branch (backwater effects from Kentucky River) From the confluence with the Kentucky River to approximately 0.5 mile upstream of the confluence with the Kentucky River +619 Unincorporated Areas of Madison County. Flint Creek (backwater effects from Kentucky River) From the confluence with the Kentucky River to approximately 0.5 mile upstream of the confluence with the Kentucky River +615 Unincorporated Areas of Madison County. Hines Creek (backwater effects from Kentucky River) From the confluence with the Kentucky River to approximately 2,284 feet upstream of the confluence with the Kentucky River +586 Unincorporated Areas of Madison County. Jacks Creek (backwater effects from Kentucky River) From the confluence with the Kentucky River to approximately 2,120 feet upstream of the confluence with the Kentucky River +585 Unincorporated Areas of Madison County. Kentucky River At the confluence with Paint Lick Creek +573 Unincorporated Areas of Madison County. At the confluence with Drowning Creek +620 Kentucky River Tributary 3 (backwater effects from Kentucky River) From the confluence with the Kentucky River to approximately 0.8 mile upstream of the confluence with the Kentucky River +618 Unincorporated Areas of Madison County. Muddy Creek (backwater effects from Kentucky River) From the confluence with the Kentucky River to approximately 0.6 mile upstream of Doylesville Road +600 Unincorporated Areas of Madison County. Old Town Branch (backwater effects from Taylor Fork) From the confluence with Taylor Fork to approximately 1,950 feet upstream of the confluence with Taylor Fork +829 Unincorporated Areas of Madison County. Otter Creek Approximately 0.7 mile downstream of Four Mile Road +800 City of Richmond, Unincorporated Areas of Madison County. Just upstream of Catalpa Loop +843 Otter Creek (backwater effects from Kentucky River) From the confluence with the Kentucky River to approximately 680 feet upstream of Boonesborough Road +594 Unincorporated Areas of Madison County. Otter Creek Tributary 1 At the confluence with Otter Creek +843 City of Richmond, Unincorporated Areas of Madison County. Just downstream of Big Hill Avenue +890 Otter Creek Tributary 2 At the confluence with Otter Creek +814 City of Richmond, Unincorporated Areas of Madison County. Approximately 755 feet upstream of Douglas Court +895 Paint Lick Creek (backwater effects from Kentucky River) From the confluence with the Kentucky River to approximately 1,135 feet downstream of the confluence with Sledd Branch +573 Unincorporated Areas of Madison County. Rocky Lick Branch (backwater effects from Kentucky River) From the confluence with Muddy Creek to approximately 430 feet downstream of Walker Parke Road +600 Unincorporated Areas of Madison County. Silver Creek Just downstream of Richmond Road North +904 City of Berea, Unincorporated Areas of Madison County. Approximately 525 feet upstream of KY-21 +944 Silver Creek (backwater effects from Kentucky River) From the confluence with the Kentucky River to approximately 813 feet upstream of the confluence with Jackson Branch +576 Unincorporated Areas of Madison County. Stony Fork (backwater effects from Kentucky River) From the confluence with the Kentucky River to approximately 858 feet upstream of Whitlock Road +577 Unincorporated Areas of Madison County. Tate Creek (backwater effects from Kentucky River) From the confluence with the Kentucky River to just upstream of Tates Creek Road +583 City of Richmond, Unincorporated Areas of Madison County. Taylor Fork Approximately 0.5 mile upstream of Curtis Pike +829 City of Richmond, Unincorporated Areas of Madison County. Approximately 0.7 mile upstream of the confluence with Taylor Fork Tributary 1 +970 Taylor Fork Tributary 1 At the confluence with Taylor Fork +930 City of Richmond, Unincorporated Areas of Madison County. Approximately 0.5 mile upstream of the confluence with Taylor Fork +978 Taylor Fork Tributary 2 At the confluence with Taylor Fork +884 City of Richmond, Unincorporated Areas of Madison County. Approximately 100 feet downstream of Vickers Drive +958 Taylor Fork Tributary 2A At the confluence with Taylor Fork Tributary 2 +897 City of Richmond, Unincorporated Areas of Madison County. Approximately 1,775 feet upstream of the confluence with Taylor Fork Tributary 2 +929 Taylor Fork Tributary 3 At the confluence with Taylor Fork +878 City of Richmond, Unincorporated Areas of Madison County. Approximately 0.5 mile upstream of the confluence with Taylor Fork +931 Taylor Fork Tributary 4 At the confluence with Taylor Fork +874 City of Richmond, Unincorporated Areas of Madison County. Approximately 0.4 mile upstream of the confluence with Taylor Fork +928 Taylor Fork Tributary 5 At the confluence with Taylor Fork +865 City of Richmond, Unincorporated Areas of Madison County. Approximately 200 feet upstream of Alycia Drive +916 Taylor Fork Tributary 6 At the confluence with Taylor Fork +834 City of Richmond, Unincorporated Areas of Madison County. Approximately 850 feet upstream of Idylwild Court +944 Taylor Fork Tributary 7 At the confluence with Taylor Fork +829 City of Richmond, Unincorporated Areas of Madison County. Approximately 1,855 feet upstream of the confluence with Taylor Fork +843 Terrill Branch (backwater effects from Silver Creek) From the confluence with Silver Creek to approximately 0.4 mile upstream of the confluence with Silver Creek +911 City of Berea, Unincorporated Areas of Madison County. Upper Tate Creek Approximately 310 feet downstream of Finney Fork Road +784 City of Richmond, Unincorporated Areas of Madison County. Approximately 945 feet upstream of Stocker Drive +928 Walnut Meadow Branch Approximately 460 feet downstream of Guynn Road +893 City of Berea, Unincorporated Areas of Madison County. Approximately 640 feet upstream of Ginger Drive +935 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ‸ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Berea Maps are available for inspection at 212 Chestnut Street, Berea, KY 40403. City of Richmond Maps are available for inspection at 239 West Main Street, Richmond, KY 40475. Unincorporated Areas of Madison County Maps are available for inspection at 101 West Main Street, Richmond, KY 40475. Carroll County, Missouri, and Incorporated Areas Docket No.: FEMA-B-1169 Big Creek (backwater effects from Missouri River) From the Grand River confluence to approximately 2.7 miles upstream of County Road 335 +649 Unincorporated Areas of Carroll County. Grand River (backwater effects from Missouri River) From the Missouri River confluence to the upstream side of the railroad +649 Unincorporated Areas of Carroll County. Missouri River At the Grand River confluence +645 City of Dewitt, City of Norborne, Town of Carrollton, Unincorporated Areas of Carroll County. At the Ray County boundary +689 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ‸ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Dewitt Maps are available for inspection at the Carroll County Courthouse, 8 South Main Street, Suite 6, Carrollton, MO 64633. City of Norborne Maps are available for inspection at City Hall, 109 East 2nd Street, Norborne, MO 64668. Town of Carrollton Maps are available for inspection at City Hall, 206 West Washington Avenue, Carrollton, MO 64633. Unincorporated Areas of Carroll County Maps are available for inspection at the Carroll County Courthouse, 8 South Main Street, Suite 6, Carrollton, MO 64633. Juniata County, Pennsylvania (All Jurisdictions) Docket No.: FEMA-B-1207 Susquehanna River At the downstream Northumberland County boundary +403 Township of Susquehanna. At the West Mahantango Creek confluence +405 Tuscarora Creek Approximately 0.9 mile upstream of Groninger Valley Road +445 Township of Spruce Hill. Approximately 3.1 miles upstream of Groninger Valley Road +461 West Mahantango Creek At the Susquehanna River confluence +405 Township of Susquehanna. Approximately 60 feet downstream of Old Trail Road +407 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ‸ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES Township of Spruce Hill Maps are available for inspection at the Spruce Hill Township Secretary's Office, 727 Half Moon Road, Port Royal, PA 17082. Township of Susquehanna Maps are available for inspection at the Susquehanna Township Hall, 358 Fairground Road, Liverpool, PA 17045. Harrison County, West Virginia, and Incorporated Areas Docket No.: FEMA-B-1210 Bingamon Creek (backwater effects from West Fork River) At the West Fork River confluence +902 Unincorporated Areas of Harrison County. Approximately 1.53 miles upstream of the West Fork River confluence +902 Booths Creek At the Marion County boundary +959 Unincorporated Areas of Harrison County. At the Thomas Fork confluence +1000 Tenmile Creek (backwater effects from West Fork River) At the West Fork River confluence +921 Town of Lumberport. Approximately 1.45 miles upstream of West Fork River confluence +921 Thomas Fork At the Booths Creek confluence +1000 City of Bridgeport, Unincorporated Areas of Harrison County. Approximately 420 feet downstream of Benedum Road +1060 West Fork River At the upstream side of State Route 20 +921 Town of Lumberport. At the Tenmile Creek confluence +921 West Fork River Approximately 0.45 mile downstream of Water Street +972 Town of West Milford. Approximately 0.47 mile upstream of West Milford Dam +975 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ‸ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Bridgeport Maps are available for inspection at City Hall, 515 West Main Street, Bridgeport, WV 26330. Town of Lumberport Maps are available for inspection at the Town Hall, 200 Main Street, Lumberport, WV 26386. Town of West Milford Maps are available for inspection at the Town Hall, 925 Liberty Street, West Milford, WV 26451. Unincorporated Areas of Harrison County Maps are available for inspection at the Harrison County Courthouse, 301 West Main Street, Clarksburg, WV 26301. (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: August 1, 2012. Sandra K. Knight, Deputy Associate Administrator for Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2012-20136 Filed 8-15-12; 8:45 am]