[Federal Register Volume 76, Number 66 (Wednesday, April 6, 2011)]
[Proposed Rules]
[Pages 19005-19007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8111]


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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-1187]


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 July 5, 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-1187, 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#59352c302a772b363d2b303e2c3c2368193d312a773e362f"><span class="__cf_email__" data-cfemail="81edf4e8f2aff3eee5f3e8e6f4e4fbb0c1e5e9f2afe6eef7">[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#d9b5acb0aaf7abb6bdabb0beacbca3e899bdb1aaf7beb6af"><span class="__cf_email__" data-cfemail="1a766f73693468757e68737d6f7f602b5a7e7269347d756c">[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.
    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:


[[Page 19006]]


    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
----------------------------------------------------------------------------------------------------------------
                                 Sussex County, Delaware, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Butler Mill Branch.................  Approximately 500 feet             None           +5  Unincorporated Areas
                                      downstream of Woodland                                of Sussex County.
                                      Road.
                                     At the Horsepen Branch             None          +22
                                      confluence.
Chapel Branch......................  Approximately 0.16 mile            None           +5  Unincorporated Areas
                                      downstream of Woodland                                of Sussex County.
                                      Road.
                                     Approximately 0.67 mile            None          +34
                                      upstream of Boyce Road.
Gravelly Branch....................  At the Nanticoke River             None          +10  Unincorporated Areas
                                      confluence.                                           of Sussex County.
                                     Approximately 0.06 mile            None          +33
                                      upstream of Deer Forest
                                      Road.
Gum Branch.........................  At the Nanticoke River             None          +22  Unincorporated Areas
                                      confluence.                                           of Sussex County.
                                     Approximately 1.22 miles           None          +43
                                      upstream of Wolf Road.
Hitch Pond Branch..................  At the James Branch                None          +19  Unincorporated Areas
                                      confluence.                                           of Sussex County.
                                     Approximately 0.24 mile            None          +39
                                      upstream of Wooten Road.
Iron Branch........................  Approximately 450 feet             None          +18  Unincorporated Areas
                                      downstream of Handy Road.                             of Sussex County.
                                     Approximately 0.3 mile             None          +30
                                      upstream of Hickory Hill
                                      Road.
James Branch.......................  Approximately 0.36 mile            None           +9  Unincorporated Areas
                                      downstream of Laurel Road.                            of Sussex County.
                                     Approximately 0.51 mile            None          +39
                                      upstream of Whitesville
                                      Road.
Marshy Hope Branch.................  Approximately 0.87 mile            None          +26  Unincorporated Areas
                                      downstream of Noble Road.                             of Sussex County.
                                     Approximately 0.16 mile            None          +33
                                      upstream of Hickman Road.
Nanticoke River....................  Approximately 586 feet               +7           +6  Town of Greenwood,
                                      downstream of Old Furnace                             Unincorporated Areas
                                      Road.                                                 of Sussex County.
                                     Approximately 0.8 mile             None          +47
                                      upstream of Greenhurst
                                      Farm Road.
Smith-Short and Willing Ditch......  At the Gravelly Branch             None          +30  Unincorporated Areas
                                      confluence.                                           of Sussex County.
                                     Approximately 0.05 mile            None          +32
                                      upstream of Russell Road.
Thompson Branch....................  At the Hitch Pond Branch           None          +33  Unincorporated Areas
                                      confluence.                                           of Sussex County.
                                     Approximately 0.07 mile            None          +38
                                      upstream of Whaleys Road.
Toms Dam Branch....................  At the Gum Branch                  None          +27  Unincorporated Areas
                                      confluence.                                           of Sussex County.
                                     Approximately 0.31 mile            None          +44
                                      upstream of Beach Highway.
Unnamed Tributary of White Marsh     At the White Marsh Branch          None          +43  Unincorporated Areas
 Branch.                              confluence.                                           of Sussex County.
                                     Approximately 0.52 mile            None          +53
                                      upstream of Dupont
                                      Parkway.
White Marsh Branch.................  At the Nanticoke River             None          +43  Unincorporated Areas
                                      confluence.                                           of Sussex County.
                                     Approximately 0.55 mile            None          +47
                                      upstream of Woodyard Road.
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* 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.

[[Page 19007]]

 
                                                    ADDRESSES
Town of Greenwood
Maps are available for inspection at the Town Hall, 100 West Market Street, Greenwood, DE 19950.
 
                                      Unincorporated Areas of Sussex County
Maps are available for inspection at the Sussex County Administrative Office, 2 The Circle, Georgetown, DE
 19947.
----------------------------------------------------------------------------------------------------------------
                                  Gladwin County, Michigan (All Jurisdictions)
----------------------------------------------------------------------------------------------------------------
Lake Lancer........................  Entire shoreline..........         None         +841  Township of Butman.
----------------------------------------------------------------------------------------------------------------
* 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
Township of Butman
Maps are available for inspection at 5005 North Hockaday Road, Gladwin, MI 48624.
----------------------------------------------------------------------------------------------------------------

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

    Dated: March 23, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation, 
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2011-8111 Filed 4-5-11; 8:45 am]
BILLING CODE 9110-12-P


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