[Federal Register Volume 76, Number 71 (Wednesday, April 13, 2011)]
[Proposed Rules]
[Pages 20606-20611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8852]


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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-1188]


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

[[Page 20607]]

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 12, 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-1188, 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#84e8f1edf7aaf6ebe0f6ede3f1e1feb5c4e0ecf7aae3ebf2"><span class="__cf_email__" data-cfemail="c0acb5a9b3eeb2afa4b2a9a7b5a5baf180a4a8b3eea7afb6">[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#e38f968a90cd918c87918a84968699d2a3878b90cd848c95"><span class="__cf_email__" data-cfemail="5e322b372d702c313a2c37392b3b246f1e3a362d70393128">[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:

    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
----------------------------------------------------------------------------------------------------------------
                                   Sevier County, Utah, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Albinus Canyon......................  Approximately 400 feet          None        +5343  Unincorporated Areas of
                                       downstream of Old U.S.                             Sevier County.
                                       Highway 89.
                                      Approximately 500 feet          None        +5445
                                       upstream of I-70.
East Koosharem Creek................  Approximately 1,800             None        +6870  Town of Koosharem,
                                       feet downstream of                                 Unincorporated Areas
                                       West 200 South Street.                             of Sevier County.
                                      Approximately 500 feet          None        +6975
                                       upstream of North 300
                                       West Street.
Indian Creek........................  Approximately 500 feet          None        +5416  Town of Joseph.
                                       downstream of East 300
                                       North Street.
                                      At the downstream side          None        +5504
                                       of I-70.
Indian Creek Split Flow.............  Approximately 400 feet          None        +5435  Town of Joseph.
                                       downstream of State
                                       Highway 118.
                                      At the Indian Creek             None        +5485
                                       divergence.

[[Page 20608]]

 
Koosharem Creek.....................  Approximately 1,700             None        +6878  Town of Koosharem,
                                       feet downstream of                                 Unincorporated Areas
                                       West 200 South Street.                             of Sevier County.
                                      Approximately 0.4 mile          None        +7037
                                       upstream of West 200
                                       North Street.
North Koosharem Creek...............  Approximately 700 feet          None        +6893  Town of Koosharem,
                                       downstream of North                                Unincorporated Areas
                                       200 East Street.                                   of Sevier County.
                                      Approximately 1,800             None        +7033
                                       feet upstream of North
                                       300 West 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
Town of Joseph
Maps are available for inspection at 25 East 100 North Street, Joseph, UT 84739.
 
Town of Koosharem
Maps are available for inspection at 45 North Main Street, Koosharem, UT 84744.
 
                                      Unincorporated Areas of Sevier County
Maps are available for inspection at 250 North Main Street, Richfield, UT 84701.
----------------------------------------------------------------------------------------------------------------
                                Yakima County, Washington, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Cottonwood Creek....................  Approximately 970 feet          None        +1244  Unincorporated Areas of
                                       downstream of Dazet                                Yakima County.
                                       Road.
                                      Approximately 2.08              None        +1831
                                       miles upstream of
                                       Hubbard Road.
Cottonwood Creek Left Bank Overflow   At the Cottonwood Creek         None        +1293  Unincorporated Areas of
 Downstream.                           confluence.                                        Yakima County.
                                      At the Cottonwood Creek         None        +1323
                                       divergence.
Cottonwood Creek Left Bank Overflow   Approximately 0.26 mile         None        +1406  Unincorporated Areas of
 Upstream.                             downstream of Canyon                               Yakima County.
                                       Road.
                                      Approximately 0.64 mile         None        +1475
                                       upstream of Canyon
                                       Road.
Cottonwood Creek Tributary 1........  At the Cottonwood Creek         None        +1613  Unincorporated Areas of
                                       confluence.                                        Yakima County.
                                      Approximately 0.53 mile         None        +1668
                                       upstream of Cottonwood
                                       Canyon Road.
Secondary Tributary to Wide Hollow    At the Tributary to             None        +1519  Unincorporated Areas of
 Tributary 2.                          Wide Hollow Creek                                  Yakima County.
                                       Tributary 2 confluence.
                                      Approximately 0.36 mile         None        +1569
                                       upstream of the
                                       Tributary to Wide
                                       Hollow Creek Tributary
                                       2 confluence.
Shaw Creek..........................  At the Wide Hollow              None        +1179  City of Yakima,
                                       Creek confluence.                                  Unincorporated Areas
                                                                                          of Yakima County.
                                      Approximately 160 feet          None        +1438
                                       upstream of Summitview
                                       Road.
Shaw Creek--Wide Hollow Creek         At the Wide Hollow              None        +1152  City of Yakima.
 Overflow.                             Creek confluence.
                                      Approximately 0.27 mile         None        +1182
                                       upstream of Westbrook
                                       Loop.
Shaw Creek--Wide Hollow Creek         At the Wide Hollow              None        +1151  City of Yakima.
 Walmart Overflow 1.                   Creek confluence.
                                      Approximately 1,307             None        +1158
                                       feet upstream of South
                                       64th Avenue.
Shaw Creek--Wide Hollow Creek         At the Wide Hollow              None        +1149  City of Yakima.
 Walmart Overflow 2.                   Creek confluence.
                                      Approximately 1,236             None        +1160
                                       feet upstream of South
                                       64th Avenue.
Shaw Creek Ditch 1..................  At the Shaw Creek               None        +1431  Unincorporated Areas of
                                       confluence.                                        Yakima County.

[[Page 20609]]

 
                                      Approximately 170 feet          None        +1435
                                       downstream of North
                                       112th Avenue.
Shaw Creek Left Bank Overflow.......  At the Shaw Creek               None        +1252  Unincorporated Areas of
                                       confluence.                                        Yakima County.
                                      At the Shaw Creek               None        +1270
                                       divergence.
Shaw Creek North Pear Overflow......  At the Shaw Creek               None        +1235  City of Yakima,
                                       confluence.                                        Unincorporated Areas
                                                                                          of Yakima County.
                                      Approximately 560 feet          None        +1284
                                       upstream of Orchard
                                       Avenue.
Shaw Creek Overflow.................  At the Shaw Creek               None        +1187  City of Yakima,
                                       confluence.                                        Unincorporated Areas
                                                                                          of Yakima County.
                                      Approximately 0.3 mile          None        +1222
                                       upstream of South 91st
                                       Avenue.
Shaw Creek Overflow South...........  At the Shaw Creek               None        +1182  City of Yakima,
                                       confluence.                                        Unincorporated Areas
                                                                                          of Yakima County.
                                      Approximately 0.32 mile         None        +1215
                                       upstream of South 88th
                                       Avenue.
Shaw Creek Tributary................  At the Shaw Creek               None        +1230  Unincorporated Areas of
                                       confluence.                                        Yakima County.
                                      Approximately 160 feet          None        +1407
                                       downstream of South
                                       Mize Road.
Tributary to Wide Hollow Creek        At the Wide Hollow              None        +1470  Unincorporated Areas of
 Tributary 2.                          Creek Tributary 2                                  Yakima County.
                                       confluence.
                                      Approximately 0.42 mile         None        +1566
                                       upstream of Lynch Road.
Wide Hollow Creek...................  At the Yakima River             +959         +958  City of Union Gap, City
                                       confluence.                                        of Yakima,
                                                                                          Unincorporated Areas
                                                                                          of Yakima County.
                                      Approximately 1.08              None        +1733
                                       miles upstream of
                                       Stone Road.
Wide Hollow Creek Mill Weir Overflow  At the Wide Hollow              None         +958  City of Union Gap.
                                       Creek confluence.
                                      At the Wide Hollow              None         +964
                                       Creek divergence.
Wide Hollow Creek Right Bank          At the Wide Hollow              None        +1413  Unincorporated Areas of
 Overflow 1.                           Creek confluence.                                  Yakima County.
                                      Approximately 0.32 mile         None        +1450
                                       upstream of Wide
                                       Hollow Road.
Wide Hollow Creek Tributary 1.......  At the Wide Hollow              None        +1482  Unincorporated Areas of
                                       Creek confluence.                                  Yakima County.
                                      Approximately 1.08              None        +1712
                                       miles upstream of Cook
                                       Road.
Wide Hollow Creek Tributary 1         At the Wide Hollow              None        +1647  Unincorporated Areas of
 Midflow Split.                        Creek Tributary 1                                  Yakima County.
                                       confluence.
                                      At the Wide Hollow              None        +1660
                                       Creek Tributary 1
                                       divergence.
Wide Hollow Creek Tributary 1 Left    Approximately 300 feet          None        +1470  Unincorporated Areas of
 Bank Overflow.                        downstream of Stone                                Yakima County.
                                       Road.
                                      Approximately 0.7 mile          None        +1545
                                       upstream of Hollow
                                       Creek Lane.
Wide Hollow Creek Tributary 2.......  At the Wide Hollow              None        +1450  Unincorporated Areas of
                                       Creek confluence.                                  Yakima County.
                                      Approximately 0.45 mile         None        +1594
                                       upstream of Tieton
                                       Drive.
Wide Hollow Structure 116 Bypass....  At the Wide Hollow              None        +1370  Unincorporated Areas of
                                       Creek confluence.                                  Yakima County.
                                      At the Wide Hollow              None        +1378
                                       Creek divergence.
Wide Hollow Structure 125 Bypass....  At the Wide Hollow              None        +1430  Unincorporated Areas of
                                       Creek confluence.                                  Yakima County.
                                      At the upstream side of         None        +1438
                                       Wide Hollow Road.
Wide Hollow Structure 21 Bypass.....  At the Ahtanum Creek            None         +953  City of Union Gap,
                                       confluence.                                        Unincorporated Areas
                                                                                          of Yakima County.
                                      At the Wide Hollow              None         +975
                                       Creek divergence.
Wide Hollow Structure 36 Bypass.....  At the Wide Hollow              None        +1012  City of Union Gap.
                                       Creek confluence.
                                      At the Wide Hollow              None        +1016
                                       Creek divergence.
Wide Hollow Structure 47 Bypass.....  At the Wide Hollow              None        +1045  City of Union Gap.
                                       Creek confluence.

[[Page 20610]]

 
                                      At the Wide Hollow              None        +1050
                                       Creek divergence.
Wide Hollow Structure 86 Bypass.....  At the Wide Hollow              None        +1203  Unincorporated Areas of
                                       Creek confluence.                                  Yakima County.
                                      At the Wide Hollow              None        +1217
                                       Creek divergence.
Wide Hollow Structure 99 Bypass.....  At the Wide Hollow              None        +1264  Unincorporated Areas of
                                       Creek confluence.                                  Yakima County.
                                      At the Wide Hollow              None        +1280
                                       Creek divergence.
----------------------------------------------------------------------------------------------------------------
* 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 Union Gap
Maps are available for inspection at 102 West Ahtanum Road, Union Gap, WA 98903.
 
City of Yakima
Maps are available for inspection at 129 North 2nd Street, Yakima, WA 98901.
 
                                      Unincorporated Areas of Yakima County
Maps are available for inspection at 128 North 2nd Street, Yakima, WA 98901.
----------------------------------------------------------------------------------------------------------------
                               Wirt County, West Virginia, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Daley Run...........................  Approximately 1,400             None         +610  Unincorporated Areas of
                                       feet downstream of                                 Wirt County.
                                       County Route 14/1.
                                      Approximately 500 feet          None         +610
                                       downstream of County
                                       Route 14/1.
Little Kanawha River................  Approximately 1.8 miles         None         +610  Unincorporated Areas of
                                       downstream of the                                  Wirt County.
                                       Hughes River
                                       confluence.
                                      Approximately 4.2 miles         None         +610
                                       downstream of the
                                       Hughes River
                                       confluence.
                                      Approximately 1.4 miles         None         +623
                                       downstream of State
                                       Route 5.
                                      Approximately 650 feet          None         +625
                                       downstream of State
                                       Route 5.
Tucker Creek........................  At the Little Kanawha           None         +623  Unincorporated Areas of
                                       River confluence.                                  Wirt County.
                                      Approximately 1.1 miles         None         +623
                                       upstream of the Little
                                       Kanawha River
                                       confluence.
----------------------------------------------------------------------------------------------------------------
* 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
 
                                       Unincorporated Areas of Wirt County
Maps are available for inspection at the Wirt County Courthouse, Corner Court of Washington Street, Elizabeth,
 WV 26143.
----------------------------------------------------------------------------------------------------------------


[[Page 20611]]

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

    Dated: March 30, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation, 
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2011-8852 Filed 4-12-11; 8:45 am]
BILLING CODE 9110-12-P


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