[Federal Register Volume 76, Number 32 (Wednesday, February 16, 2011)]
[Proposed Rules]
[Pages 8986-8989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3509]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-B-1176]


Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule.

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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 17, 2011.

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-1176, 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 (e-mail) 
<a href="/cdn-cgi/l/email-protection#721e071b015c001d16001b150717084332161a015c151d04"><span class="__cf_email__" data-cfemail="b1ddc4d8c29fc3ded5c3d8d6c4d4cb80f1d5d9c29fd6dec7">[email protected]</span></a>.

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 (e-mail) <a href="/cdn-cgi/l/email-protection#0b677e62782579646f79626c7e6e713a4b6f6378256c647d"><span class="__cf_email__" data-cfemail="3c5049554f124e53584e555b4959460d7c58544f125b534a">[email protected]</span></a>.

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.

[[Page 8987]]

    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:

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                                                                  * Elevation in feet
                                                                (NGVD)  + Elevation in
                                                                feet  (NAVD)  <greek-i>
                                                                  Depth in feet above
         Flooding source(s)            Location of referenced       ground  [caret]        Communities affected
                                            elevation **          Elevation in meters
                                                                         (MSL)
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                                Dearborn County, Indiana, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Great Miami River...................  Approximately 0.23 mile         +489         +490  City of Greendale,
                                       upstream of the Ohio                               Unincorporated Areas
                                       River confluence.                                  of Dearborn County.
                                      Approximately 5.07              +489         +490
                                       miles upstream of the
                                       Ohio River confluence.
Ohio River..........................  Approximately 0.65 mile         +487         +486  City of Aurora, City of
                                       upstream of the                                    Lawrenceburg,
                                       Laughery Creek                                     Unincorporated Areas
                                       confluence.                                        of Dearborn County.
                                      Approximately 1.25              +489         +488
                                       miles upstream of the
                                       Tanners Creek
                                       confluence.
Tanners Creek.......................  Approximately 0.46 mile         +488         +489  City of Greendale, City
                                       downstream of U.S.                                 of Lawrenceburg,
                                       Route 50.                                          Unincorporated Areas
                                                                                          of Dearborn County.
                                      Approximately 2.07              None         +489
                                       miles upstream of
                                       Conrail.
Wilson Creek........................  At the Ohio River               +488         +487  City of Aurora,
                                       confluence.                                        Unincorporated Areas
                                                                                          of Dearborn County.
                                      Approximately 0.35              +488         +487
                                       miles upstream of
                                       Wilson Creek Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
<greek-i> 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
 
City of Aurora
Maps are available for inspection at City Hall, 3rd and Main Streets, Aurora, IN 47001.
 
City of Greendale
Maps are available for inspection at the Utilities Office, 510 Ridge Avenue, Greendale, IN 47025.
 
City of Lawrenceburg
Maps are available for inspection at the Administration Building, 230 Walnut Street, Lawrenceburg, IN 47025.
 
                                     Unincorporated Areas of Dearborn County
Maps are available for inspection at the Dearborn County Administration Building, 215B West High Street,
 Lawrenceburg, IN 47025.
----------------------------------------------------------------------------------------------------------------
                                 Greene County, Indiana, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Beehunter Ditch.....................  Approximately 245 feet          None         +480  City of Linton,
                                       downstream of Baseline                             Unincorporated Areas
                                       Road.                                              of Greene County.
                                      Approximately 450 feet          None         +508
                                       upstream of Fairview
                                       Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
<greek-i> Depth in feet above ground.

[[Page 8988]]

 
[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
 
City of Linton
Maps are available for inspection at City Hall, 86 South Main Street, Linton, IN 47441.
 
                                      Unincorporated Areas of Greene County
Maps are available for inspection at the Greene County Courthouse, 1 East Main Street, Bloomfield, IN 47424.
----------------------------------------------------------------------------------------------------------------
                                 King County, Washington, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Black River.........................  Approximately 330 feet           +18          +12  City of Renton, City of
                                       downstream of Oaksdale                             Tukwila.
                                       Avenue Southwest.
                                      At the Green River               +23          +24
                                       confluence.
Cedar River.........................  At the upstream side of          +19          +24  City of Renton,
                                       North Boeing Bridge.                               Unincorporated Areas
                                                                                          of King County.
                                      Approximately 350 feet          None         +528
                                       upstream of Landsburg
                                       Road Southeast.
Green River.........................  Approximately 250 feet           +15          +16  City of Auburn, City of
                                       upstream of 42nd                                   Kent, City of Renton,
                                       Avenue South.                                      City of SeaTac, City
                                                                                          of Tukwila,
                                                                                          Muckleshoot Tribe,
                                                                                          Unincorporated Areas
                                                                                          of King County.
                                      Approximately 1.8 miles         None         +229
                                       upstream of Southeast
                                       Flaming Geyser Road.
Kelsey Creek........................  At the upstream side of          +27          +29  City of Bellevue.
                                       I-405.
                                      At the upstream side of         +253         +252
                                       Northeast 8th Street.
Mill Creek (Auburn).................  Approximately 125 feet           +46          +45  City of Auburn, City of
                                       downstream of West                                 Kent, Unincorporated
                                       Valley Highway.                                    Areas of King County.
                                      Approximately 1,500              +46          +47
                                       feet upstream of State
                                       Route 167.
Mill Creek (Kent)...................  At the Springbrook               +21          +26  City of Kent.
                                       Creek confluence.
                                      Approximately 133 feet           +41          +42
                                       downstream of East
                                       Smith Street.
Richards Creek......................  At the Kelsey Creek              +27          +33  City of Bellevue.
                                       confluence.
                                      Approximately 752 feet           +32          +33
                                       upstream of Richards
                                       Road.
Southwest 23rd Street Drainage        At the Springbrook              None          +20  City of Renton.
 Channel.                              Creek confluence.
                                      Approximately 170 feet          None          +21
                                       upstream of East
                                       Valley Road.
Springbrook Creek...................  At the upstream side of          +19          +10  City of Kent, City of
                                       Black River Pump                                   Renton.
                                       Station.
                                      Approximately 0.32 mile          +37          +40
                                       upstream of South
                                       228th Street.
West Tributary to Kelsey Creek......  At the Kelsey Creek              +30          +33  City of Bellevue.
                                       confluence.
                                      Approximately 320 feet           +51          +52
                                       downstream of
                                       Northeast 1st Street.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
<greek-i> 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
 
City of Auburn

[[Page 8989]]

 
Maps are available for inspection at 25 West Main Street, Auburn, WA 98001.
 
City of Bellevue
Maps are available for inspection at 450 110th Avenue Northeast, Bellevue, WA 98009.
 
City of Kent
Maps are available for inspection at 220 4th Avenue South, Kent, WA 98032.
 
City of Renton
Maps are available for inspection at 1055 South Grady Way, Renton, WA 98057.
 
City of SeaTac
Maps are available for inspection at 4800 South 188th Street, SeaTac, WA 98188.
 
City of Tukwila
Maps are available for inspection at 6200 Southcenter Boulevard, Tukwila, WA 98188.
 
Muckleshoot Tribe
Maps are available for inspection at 39015 172nd Avenue Southeast, Auburn, WA 98092.
 
                                       Unincorporated Areas of King County
Maps are available for inspection at 900 Oaksdale Avenue Southwest, Renton, WA 98057.
----------------------------------------------------------------------------------------------------------------

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

    Dated: February 7, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation, 
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2011-3509 Filed 2-15-11; 8:45 am]
BILLING CODE 9110-12-P


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