[Federal Register Volume 76, Number 32 (Wednesday, February 16, 2011)]
[Proposed Rules]
[Pages 8984-8986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3508]


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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-1182]


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-1182, 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#cea2bba7bde0bca1aabca7a9bbabb4ff8eaaa6bde0a9a1b8"><span class="__cf_email__" data-cfemail="bfd3cad6cc91cdd0dbcdd6d8cadac58effdbd7cc91d8d0c9">[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#264a534f5508544942544f4153435c1766424e5508414950"><span class="__cf_email__" data-cfemail="f39f869a80dd819c97819a94869689c2b3979b80dd949c85">[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

[[Page 8985]]

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:

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                                                                  * Elevation in feet
                                                                (NGVD)  + Elevation in
                                                                feet (NAVD)  <greek-i>
                                       Location of referenced     Depth in feet above
         Flooding source(s)                 elevation**             ground  [caret]        Communities affected
                                                               Elevation in feet (MLLW)
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                                       City and Borough of Juneau, Alaska
----------------------------------------------------------------------------------------------------------------
Auke Bay............................  At Smugglers Cove,              None    [caret]25  City and Borough of
                                       approximately 640 feet                             Juneau.
                                       southeast of the
                                       intersection of Fox
                                       Farm Trail and Fritz
                                       Cove Road.
                                      Approximately 550 feet     [caret]25    [caret]27
                                       northeast of the
                                       intersection of Point
                                       Louisa Road and
                                       Glacier Highway.
                                      At the Auke Bay ferry      [caret]22    [caret]29
                                       terminal.
Duck Creek..........................  At the downstream side     [caret]20    [caret]23  City and Borough of
                                       of Radcliffe Road.                                 Juneau.
                                      Approximately 350 feet     [caret]48    [caret]52
                                       upstream of Taku
                                       Boulevard.
East Fork Duck Creek................  Approximately 150 feet     [caret]31    [caret]34  City and Borough of
                                       downstream of Nancy                                Juneau.
                                       Street.
                                      Approximately 200 feet     [caret]31    [caret]34
                                       downstream of Trinity
                                       Drive.
Fritz Cove..........................  At the southern end of          None    [caret]23  City and Borough of
                                       Mendenhall Peninsula.                              Juneau.
                                      Approximately 870 feet          None    [caret]26
                                       south of the
                                       intersection of Fritz
                                       Cove Road and Fox Farm
                                       Trail.
Gastineau Channel, Douglas Island     At the north end of             None    [caret]23  City and Borough of
 Side.                                 Douglas Island,                                    Juneau.
                                       opposite the airport.
                                      At the west end of              None    [caret]25
                                       Douglas Island, west
                                       of North Douglas Road.
                                      At the Paris Creek         [caret]26    [caret]25
                                       confluence.
                                      At the eastern end of      [caret]26    [caret]29
                                       Juneau Island next to
                                       Douglas Marina.
Gastineau Channel, Juneau Side......  Approximately 0.3 mile          None    [caret]25  City and Borough of
                                       southeast of the                                   Juneau.
                                       intersection of
                                       Engineers Cutoff Road
                                       and Mendenhall
                                       Peninsula Road.
                                      Approximately 0.5 mile     [caret]31    [caret]26
                                       southwest of the
                                       intersection of Point
                                       Lena Loop Road and
                                       Towers Road.
                                      At the end of Thane             None    [caret]27
                                       Road, at the Little
                                       Sheep Creek confluence.
                                      Approximately 0.55 mile         None    [caret]28
                                       southeast of the
                                       intersection of Mill
                                       Street and Thane Road.
Jordan Creek........................  Approximately 1,080             None    [caret]25  City and Borough of
                                       feet downstream of                                 Juneau.
                                       Yandukin Drive.
                                      Approximately 0.23 mile    [caret]30    [caret]31
                                       upstream of Egan Drive.
Lemon Creek.........................  Approximately 0.27 mile         None    [caret]23  City and Borough of
                                       downstream of Glacier                              Juneau.
                                       Highway.
                                      Approximately 1.4 miles         None   [caret]106
                                       upstream of Glacier
                                       Highway.
Mendenhall River....................  Approximately 1.14              None    [caret]23  City and Borough of
                                       miles downstream of                                Juneau.
                                       Glacier Highway.
                                      At the upstream side of    [caret]55    [caret]56
                                       Mendenhall Loop Road.

[[Page 8986]]

 
Unnamed Tributary to Duck Creek.....  At the downstream side          None    [caret]42  City and Borough of
                                       of El Camino Street.                               Juneau.
                                      At the upstream side of         None    [caret]46
                                       Mendenhall Loop Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
<greek-i> Depth in feet above ground.
[caret] Mean Lower Low Water.
** 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 and Borough of Juneau
Maps are available for inspection at 155 South Seward Street, Juneau, AK 99801.
 
----------------------------------------------------------------------------------------------------------------

(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. 2011-3508 Filed 2-15-11; 8:45 am]
BILLING CODE 9110-12-P


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