[Federal Register Volume 75, Number 234 (Tuesday, December 7, 2010)]
[Proposed Rules]
[Pages 75941-75945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30609]


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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-1164]


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 March 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-1164, 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#e28e978b91cc908d86908b85978798d3a2868a91cc858d94"><span class="__cf_email__" data-cfemail="6a061f03194418050e18030d1f0f105b2a0e0219440d051c">[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#026e776b712c706d66706b657767783342666a712c656d74"><span class="__cf_email__" data-cfemail="b7dbc2dec499c5d8d3c5ded0c2d2cd86f7d3dfc499d0d8c1">[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.

[[Page 75942]]

    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>
                                       Location of referenced     Depth in feet above
         Flooding source(s)                 elevation **       ground [caret] Elevation    Communities affected
                                                                   in meters  (MSL)
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                                St. Lucie County, Florida, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Canal 8.............................  At the confluence with          None          +12  City of Fort Pierce,
                                       Fivemile Creek.                                    Unincorporated Areas
                                                                                          of St. Lucie County.
                                      Approximately 1,385             None          +18
                                       feet upstream of
                                       Summit Street.
Fivemile Creek......................  At Peterson Road.......         None          +16  City of Fort Pierce,
                                                                                          Unincorporated Areas
                                                                                          of St. Lucie County.
                                      Approximately 0.5 mile          None          +16
                                       upstream of Peterson
                                       Road.
Howard Creek........................  Approximately 1,635             None           +6  City of Port St. Lucie,
                                       feet downstream of                                 Unincorporated Areas
                                       Southeast Ballantrae                               of St. Lucie County.
                                       Boulevard.
                                      Approximately 0.6 mile          None          +13
                                       upstream of Southeast
                                       Westmoreland Boulevard.
Ponding Area........................  Ponding area bounded by         None          +15  City of Fort Pierce,
                                       Virginia Park                                      Unincorporated Areas
                                       Boulevard to the                                   of St. Lucie County.
                                       north, west, and
                                       south, and South 35th
                                       Street to the east.
Ponding Area........................  Ponding area bounded by         None          +15  City of Fort Pierce,
                                       State Highway 70 to                                Unincorporated Areas
                                       the north, South 35th                              of St. Lucie County.
                                       Street to the west,
                                       Cortez Boulevard to
                                       the south, and South
                                       29th Street to the
                                       east.
Ponding Area........................  Ponding area bounded by         None          +16  City of Fort Pierce,
                                       State Highway 70 to                                Unincorporated Areas
                                       the north, South 29th                              of St. Lucie County.
                                       Street to the west,
                                       Cortez Boulevard to
                                       the south, and Placid
                                       Avenue to the east..
Ponding Area........................  Ponding area bounded by         None          +17  City of Fort Pierce,
                                       Royal Palm Drive to                                Unincorporated Areas
                                       the north, South 25th                              of St. Lucie County.
                                       Street to the west,
                                       Cortez Boulevard to
                                       the south, and South
                                       19th Street to the
                                       east.
Ponding Area........................  Ponding area bounded by         None          +17  City of Fort Pierce,
                                       Cortez Boulevard to                                Unincorporated Areas
                                       the north, South 25th                              of St. Lucie County.
                                       Street to the west,
                                       Edwards Road to the
                                       south, and Admiral
                                       Street to the east.
Ponding Area........................  Ponding area bounded by         None          +14  City of Fort Pierce.
                                       Arnold Road to the
                                       north, Fivemile Creek
                                       to the west, Kirby
                                       Loop Road to the
                                       south, and Virginia
                                       Park Boulevard to the
                                       east.
Ponding Area........................  Ponding area bounded by         None          +16  City of Fort Pierce.
                                       State Highway 70 to
                                       the north, South 35th
                                       Street to the west,
                                       Cortez Boulevard to
                                       the south, and South
                                       29th Street to the
                                       east.
Ponding Area........................  Ponding area bounded by         None          +17  City of Fort Pierce.
                                       State Highway 70 to
                                       the north, South 35th
                                       Street to the west,
                                       Cortez Boulevard to
                                       the south, and South
                                       29th Street to the
                                       east.
Ponding Area........................  Ponding area bounded by         None          +17  City of Fort Pierce.
                                       Linda Sue Circle to
                                       the north, west,
                                       south, and east.
Tenmile Creek Tributary.............  At McCarty Road........         None          +19  City of Port St. Lucie,
                                                                                          Unincorporated Areas
                                                                                          of St. Lucie County.

[[Page 75943]]

 
                                      Approximately 1,400             None          +21
                                       feet upstream of
                                       Newell Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
<greek-i> Depth in feet above ground.
[and] 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 Fort Pierce
Maps are available for inspection at City Hall, 100 North U.S. Highway 1, Fort Pierce, FL 34950.
 
City of Port St. Lucie
Maps are available for inspection at City Hall, 121 Southwest Port St. Lucie Boulevard, Port St. Lucie, FL
 34984.
 
                                    Unincorporated Areas of St. Lucie County
Maps are available for inspection at the St. Lucie County Building Department, 2300 Virginia Avenue, Fort
 Pierce, FL 34982.
----------------------------------------------------------------------------------------------------------------
                                   Wayne County, Michigan (All Jurisdictions)
----------------------------------------------------------------------------------------------------------------
McClaughrey Drain...................  Just downstream of Van          None         +662  City of Romulus, City
                                       Born Road.                                         of Wayne, Township of
                                                                                          Van Buren.
                                      Just downstream of I-           None         +669
                                       275 North.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
<greek-i> Depth in feet above ground.
[and] 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 Romulus
Maps are available for inspection at 11111 Wayne Road, Romulus, MI 48174.
 
City of Wayne
Maps are available for inspection at 4001 South Wayne Road, Wayne, MI 48184.
 
Township of Van Buren
Maps are available for inspection at 46425 Tyler Road, Van Buren Township, MI 48111.
----------------------------------------------------------------------------------------------------------------
                                  Harris County, Texas, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
K100-00-00 (Cypress Creek)..........  Approximately 0.57 mile          +78          +79  City of Houston,
                                       downstream of                                      Unincorporated Areas
                                       Treaschwig Road.                                   of Harris County.
                                      Approximately 1.1 miles         +172         +173
                                       upstream of the Waller
                                       County boundary.
K111-00-00 (Turkey Creek)...........  Approximately 1,100              +91          +90  Unincorporated Areas of
                                       feet downstream of                                 Harris County.
                                       Hardy Toll Road.
                                      Approximately 650 feet          +104         +105
                                       upstream of North
                                       Vista Drive.
K116-00-00 (Schulz Gully) (backwater  At the confluence with           +84          +85  Unincorporated Areas of
 effects from Cypress Creek).          Cypress Creek.                                     Harris County.
                                      Approximately 920 feet           +84          +85
                                       downstream of Aldine
                                       Westfield Road.
K120-00-00 (Lemm Gully) (backwater    At the confluence with           +91          +92  Unincorporated Areas of
 effects from Cypress Creek).          Cypress Creek.                                     Harris County.
                                      Approximately 0.4 mile           +91          +92
                                       upstream of Lockridge
                                       Drive.

[[Page 75944]]

 
K120-01-00 (Senger Gully) (backwater  At the confluence with           +91          +92  City of Houston,
 effects from Cypress Creek).          Lemm Gully.                                        Unincorporated Areas
                                                                                          of Harris County.
                                      Approximately 100 feet           +91          +92
                                       upstream of I-45.
K124-00-00 (Seals Gully)............  Approximately 1,400             +101         +102  Unincorporated Areas of
                                       feet downstream of                                 Harris County.
                                       Candle Creek Road.
                                      Approximately 500 feet          +124         +125
                                       upstream of Spring
                                       Cypress Road.
K131-00-00 (Spring Gully)...........  At the confluence with          +108         +106  Unincorporated Areas of
                                       Cypress Creek.                                     Harris County.
                                      Approximately 200 feet          +136         +137
                                       downstream of Spring
                                       Cypress Road.
K131-03-03 (Tributary 2.1 to Spring   At the confluence with          +114         +112  Unincorporated Areas of
 Gully) (backwater effects from        Spring Gully.                                      Harris County.
 Spring Gully).
                                      Just upstream of T.C.           +114         +112
                                       Jester Boulevard.
K131-04-00 (Tributary to Spring       At the confluence with          +123         +121  Unincorporated Areas of
 Gully) (backwater effects from        Spring Gully.                                      Harris County.
 Spring Gully).
                                      Approximately 1,600             +123         +122
                                       feet upstream of the
                                       confluence with Spring
                                       Gully.
K133-00-00 (Dry Gully) (backwater     At the confluence with          +113         +112  Unincorporated Areas of
 effects from Cypress Creek).          Cypress Creek.                                     Harris County.
                                      Approximately 400 feet          +113         +112
                                       upstream of Champions
                                       Forest Drive.
K140-00-00 (Pillot Gully) (backwater  At the confluence with          +119         +118  Unincorporated Areas of
 effects from Cypress Creek).          Cypress Creek.                                     Harris County.
                                      Just downstream of              +119         +118
                                       River Park Drive.
K142-00-00 (Faulkey Gully)..........  At the confluence with          +124         +122  Unincorporated Areas of
                                       Cypress Creek.                                     Harris County.
                                      Just downstream of              +124         +123
                                       Lakewood Forest Drive.
K145-00-00 (Dry Creek) (backwater     At the confluence with          +140         +139  Unincorporated Areas of
 effects from Cypress Creek).          Cypress Creek.                                     Harris County.
                                      Just downstream of              +140         +139
                                       Jarvis Road.
K152-00-00 (Tributary 37.1 to         Approximately 1,500             +149         +148  Unincorporated Areas of
 Cypress Creek).                       feet upstream of the                               Harris County.
                                       confluence with
                                       Cypress Creek.
                                      Approximately 920 feet          +153         +151
                                       downstream of U.S.
                                       Route 290.
K155-00-00 (Tributary 40.7 to         At the confluence with          +156         +158  Unincorporated Areas of
 Cypress Creek).                       Cypress Creek.                                     Harris County.
                                      Approximately 1,580             +198         +197
                                       feet downstream of
                                       U.S. Route 290.
K157-00-00 (Tributary 42.7 to         At the confluence with          +159         +163  Unincorporated Areas of
 Cypress Creek).                       Cypress Creek.                                     Harris County.
                                      Approximately 2 miles           +197         +196
                                       upstream of Jack Road.
K159-00-00 (Channel A to Cypress      At the confluence with          +150         +151  Unincorporated Areas of
 Creek) (backwater effects from        Cypress Creek.                                     Harris County.
 Cypress Creek).
                                      Approximately 1,900             +150         +151
                                       feet upstream of the
                                       confluence with
                                       Cypress Creek.
K160-00-00 (Rock Hollow)............  At the confluence with          +161         +163  Unincorporated Areas of
                                       Cypress Creek.                                     Harris County.
                                      Approximately 980 feet          +207         +206
                                       upstream of Mound Road.
K160-01-00 (Tributary 1.63 to Rock    Approximately 0.6 mile          +167         +166  Unincorporated Areas of
 Hollow).                              upstream of the                                    Harris County.
                                       confluence with Rock
                                       Hollow.
                                      Approximately 2.8 miles         +193         +192
                                       upstream of the
                                       confluence with Rock
                                       Hollow.
K185-00-00 and K172-00-00 (Tributary  At the Cypress Creek            +164         +166  Unincorporated Areas of
 44.5 to Cypress Creek).               confluence with K185-                              Harris County.
                                       00-00.
                                      Approximately 0.7 mile          +208         +206
                                       downstream of Mound
                                       Road.

[[Page 75945]]

 
L100-00-00 (Little Cypress Creek)     At the confluence with          +131         +130  Unincorporated Areas of
 (backwater effects from Cypress       Cypress Creek.                                     Harris County.
 Creek).
                                      Approximately 1,500             +131         +130
                                       feet upstream of the
                                       confluence with
                                       Cypress Creek.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
<greek-i> Depth in feet above ground.
[and] 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 Houston
Maps are available for inspection at the Floodplain Management Office, 3300 Main Street, 1st Floor, Houston, TX
 77002.
 
                                      Unincorporated Areas of Harris County
Maps are available for inspection at the Harris County Permit Office, 10555 Northwest Freeway, Suite 120,
 Houston, TX 77092.
----------------------------------------------------------------------------------------------------------------

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

    Dated: November 23, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation, 
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2010-30609 Filed 12-6-10; 8:45 am]
BILLING CODE 9110-12-P


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