[Federal Register Volume 75, Number 216 (Tuesday, November 9, 2010)]
[Proposed Rules]
[Pages 68744-68747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28225]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1155]


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 notice 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 February 7, 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-1155, to 
Roy E. Wright, Deputy Director, Risk Analysis Division, Federal 
Insurance and Mitigation Administration, Federal Emergency Management 
Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3461, or (e-
mail) <a href="/cdn-cgi/l/email-protection#a4d6cbdd8ac18ad3d6cdc3ccd0e4c0ccd78ac3cbd2"><span class="__cf_email__" data-cfemail="9eecf1e7b0fbb0e9ecf7f9f6eadefaf6edb0f9f1e8">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Roy E. Wright, Deputy Director, Risk 
Analysis Division, Federal Insurance and Mitigation Administration, 
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 
20472, (202) 646-3461, or (e-mail) <a href="/cdn-cgi/l/email-protection#4b392432652e653c39222c233f0b2f2338652c243d"><span class="__cf_email__" data-cfemail="2d5f42540348035a5f444a45596d49455e034a425b">[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:

----------------------------------------------------------------------------------------------------------------
                                                                  * 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
----------------------------------------------------------------------------------------------------------------
                                 Gilmer County, Georgia, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Cartecay River......................  Approximately 0.24 mile        +1291        +1290  Unincorporated Areas of
                                       upstream of the                                    Gilmer County.
                                       confluence with
                                       Owltown Creek.
                                      Approximately 1.12              None        +1519
                                       miles upstream of Holt
                                       Bridge Road.
----------------------------------------------------------------------------------------------------------------

[[Page 68745]]

 
* 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 Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
 
                                                    ADDRESSES
 
                                      Unincorporated Areas of Gilmer County
Maps are available for inspection at the Gilmer County Courthouse, 1 Broad Street, Ellijay, GA 30540.
----------------------------------------------------------------------------------------------------------------
                                La Porte County, Indiana, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Lake Michigan.......................  Entire shoreline within         None         +585  City of Michiana
                                       community.                                         Shores, Unincorporated
                                                                                          Areas of La Porte
                                                                                          County.
Lake Michigan.......................  Entire shoreline within         +587         +585  Town of Long Beach.
                                       community.
Lake Michigan.......................  Entire shoreline within         +584         +585  City of Michigan City.
                                       community.
Otter Creek.........................  At the confluence with          None         +592  Town of Pottawattamie
                                       Trail Creek.                                       Park.
                                      Approximately 1,000             None         +598
                                       feet downstream of
                                       Karwick Road.
Trail Creek.........................  At the confluence with          +584         +585  City of Michigan City.
                                       Lake Michigan.
                                      Approximately 1,100             +584         +585
                                       feet upstream of E
                                       Street.
Trail Creek.........................  Approximately 1,100             None         +591  Town of Pottawattamie
                                       feet upstream of                                   Park.
                                       Liberty Trail Road.
                                      At the confluence with          None         +592
                                       Otter Creek.
White Ditch.........................  Approximately 160 feet          None         +604  City of Michiana
                                       downstream of Michiana                             Shores, City of
                                       Drive.                                             Michigan City,
                                                                                          Unincorporated Areas
                                                                                          of La Porte County.
                                      Approximately 1,840             None         +607
                                       feet upstream of
                                       Oakdale Drive.
----------------------------------------------------------------------------------------------------------------
* 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 Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
 
                                                    ADDRESSES
 
City of Michiana Shores
Maps are available for inspection at City Hall, 601 El Portal South Drive, Michiana Shores, IN 46360.
 
City of Michigan City
Maps are available for inspection at City Hall, 100 East Michigan Boulevard, Michigan City, IN 46360.
 
Town of Long Beach
Maps are available for inspection at the Town Hall, 2400 Oriole Trail, Long Beach, IN 46360.
 
Town of Pottawattamie Park
Maps are available for inspection at the La Porte County Government Complex, 809 State Street, Suite 503A, La
 Porte, IN 46350.
 
                                     Unincorporated Areas of La Porte County
Maps are available for inspection at the La Porte County Government Complex, 809 State Street, Suite 503A, La
 Porte, IN 46350.
----------------------------------------------------------------------------------------------------------------
                               Butte County, South Dakota, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Belle Fourche River.................  Just upstream of U.S.          +3012        +3008  City of Belle Fourche,
                                       Route 212.                                         Unincorporated Areas
                                                                                          of Butte County.
                                      Approximately 0.7 mile         +3017        +3019
                                       upstream of Fairground
                                       Road.
Hay Creek...........................  Approximately 500 feet         +3041        +3042  City of Belle Fourche,
                                       downstream of U.S.                                 Unincorporated Areas
                                       Route 85.                                          of Butte County.

[[Page 68746]]

 
                                      Approximately 0.9 mile          None        +3089
                                       downstream of Black
                                       Angus Lane.
Redwater River......................  Approximately 1,200            +3018        +3016  City of Belle Fourche,
                                       feet downstream of                                 Unincorporated Areas
                                       U.S. Route 212                                     of Butte County.
                                       Business.
                                      Approximately 700 feet         +3024        +3023
                                       upstream of U.S. Route
                                       212 Business.
Willow Creek........................  Approximately 0.5 mile          None        +3022  City of Belle Fourche,
                                       downstream of Snoma                                Unincorporated Areas
                                       Street.                                            of Butte County.
                                      Approximately 1,650             None        +3183
                                       feet downstream of
                                       West Wood 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 Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
 
                                                    ADDRESSES
City of Belle Fourche
Maps are available for inspection at 511 6th Avenue, Belle Fourche, SD 57717.
 
                                      Unincorporated Areas of Butte County
Maps are available for inspection at 830 6th Avenue, Belle Fourche, SD 57717.
----------------------------------------------------------------------------------------------------------------
                               Custer County, South Dakota, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Battle Creek........................  Approximately 1.6 miles         None        +3262  Town of Hermosa,
                                       downstream of Chicago                              Unincorporated Areas
                                       and Northwest Railroad.                            of Custer County.
                                      Approximately 600 feet         +3390        +3388
                                       upstream of Paradise
                                       Road.
Ferguson Split Flow--Battle Creek...  Approximately 0.5 mile          None        +3260  Town of Hermosa,
                                       downstream of                                      Unincorporated Areas
                                       Fairgrounds Place.                                 of Custer County.
                                      Approximately 130 feet         +3290        +3292
                                       upstream of Donna
                                       Street.
Grace Coolidge Creek................  Approximately 180 feet         +3345        +3341  Unincorporated Areas of
                                       downstream of the                                  Custer County.
                                       divergence from Battle
                                       Creek.
                                      Approximately 3.1 miles         None        +3473
                                       upstream of State
                                       Highway 36.
Railroad Spill Flow--Battle Creek...  Just upstream of the            None        +3290  Town of Hermosa,
                                       confluence with Battle                             Unincorporated Areas
                                       Creek.                                             of Custer County.
                                      Just downstream of the          None        +3294
                                       divergence from Battle
                                       Creek.
South Bank Split Flow--Battle Creek.  Approximately 1,200             None        +3310  Unincorporated Areas of
                                       feet upstream of the                               Custer County.
                                       confluence with Battle
                                       Creek.
                                      Approximately 870 feet          None        +3325
                                       upstream of Yellow Oak
                                       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 Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
 
                                                    ADDRESSES
 
Town of Hermosa
Maps are available for inspection at 420 Mount Rushmore Road, Custer, SD 57730.
 
                                      Unincorporated Areas of Custer County
Maps are available for inspection at 420 Mount Rushmore Road, Custer, SD 57730.
----------------------------------------------------------------------------------------------------------------

[[Page 68747]]

 
                                Forest County, Wisconsin, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Metonga Lake........................  Entire Shoreline within         None        +1599  Unincorporated Areas of
                                       community.                                         Forest County.
Peshtigo Lake.......................  Entire Shoreline within         None        +1591  Unincorporated Areas of
                                       community.                                         Forest County.
Roberts Lake........................  Entire Shoreline within         None        +1594  Unincorporated Areas of
                                       community.                                         Forest County.
----------------------------------------------------------------------------------------------------------------
* 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 Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
 
                                                    ADDRESSES
 
                                      Unincorporated Areas of Forest County
Maps are available for inspection at 200 East Madison Avenue, Crandon, WI 54520.
----------------------------------------------------------------------------------------------------------------
 
                               La Crosse County, Wisconsin, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Black River.........................  Approximately 0.5 mile          None         +694  Unincorporated Areas of
                                       downstream of the                                  La Crosse County.
                                       confluence with Davis
                                       Creek.
                                      Approximately 3.36              None         +706
                                       miles upstream of the
                                       confluence with
                                       Hardies Creek.
Ebner Coulee Main Channel...........  Approximately 1,584             None         +659  City of La Crosse,
                                       feet downstream of                                 Unincorporated Areas
                                       29th Street.                                       of La Crosse County.
                                      Approximately 1,584             None         +697
                                       feet upstream of 29th
                                       Street.
Ebner Coulee Southeast Bank.........  Approximately 52.8 feet         None         +665  City of La Crosse.
                                       upstream of 29th
                                       Street.
                                      Approximately 528 feet          None         +673
                                       upstream of 29th
                                       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 Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
 
                                                    ADDRESSES
City of La Crosse
Maps are available for inspection at City Hall, 400 La Crosse Street, La Crosse, WI 54601.
 
                                    Unincorporated Areas of La Crosse County
Maps are available for inspection at 400 4th Street North, La Crosse, WI 54601.
 
----------------------------------------------------------------------------------------------------------------

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

    Dated: October 29, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation, 
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2010-28225 Filed 11-8-10; 8:45 am]
BILLING CODE 9110-12-P


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