[Federal Register Volume 75, Number 197 (Wednesday, October 13, 2010)]
[Proposed Rules]
[Pages 62751-62754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25664]


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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-1151]


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 January 11, 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-1151, 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#83f1ecfaade6adf4f1eae4ebf7c3e7ebf0ade4ecf5"><span class="__cf_email__" data-cfemail="d9abb6a0f7bcf7aeabb0beb1ad99bdb1aaf7beb6af">[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#b9cbd6c097dc97cecbd0ded1cdf9ddd1ca97ded6cf"><span class="__cf_email__" data-cfemail="eb998492c58ec59c99828c839fab8f8398c58c849d">[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
                State                      City/town/county                  Source of flooding                                     Location **                              ground  [caret]
                                                                                                                                                                           Elevation in meters
                                                                                                                                                                                  (MSL)
                                                                                                                                                                       -------------------------
                                                                                                                                                                          Existing     Modified
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                                                                       Unincorporated Areas of Claiborne County, Tennessee
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Tennessee............................  Unincorporated Areas of   Clinch River.............................  Approximately 2.3 miles downstream of Big Barren Creek....        +1055        +1032
                                        Claiborne County.

[[Page 62752]]

 
                                                                                                            Approximately 28 miles upstream of Big Sycamore Creek.....         None        +1032
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
<greek-i> Depth in feet above ground.
+ North American Vertical Datum.
[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 Claiborne County
Maps are available for inspection at the Claiborne County Courthouse, 1740 Main Street, Tazewell, TN 37879.
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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
----------------------------------------------------------------------------------------------------------------
                                 Collier County, Florida, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Gulf of Mexico......................  At Monroe County.......           +5           +6  City of Everglades
                                                                                          City, City of Marco
                                                                                          Island, City of
                                                                                          Naples, Unincorporated
                                                                                          Areas of Collier
                                                                                          County.
                                      At Lee County..........          +18          +16
Shallow Flooding....................  An area bounded by the        +10-13        +9-14  Unincorporated Areas of
                                       Lee County boundary to                             Collier County.
                                       the north, Immokalee
                                       Road to the south,
                                       Little Hickory Bay to
                                       the west, and I-75 to
                                       the east.
Shallow Flooding....................  An area bounded by I-75           +5          +12  Unincorporated Areas of
                                       to the north, 112th                                Collier County.
                                       Street to the south,
                                       Collier Road to the
                                       west, and Patterson
                                       Road to the east.
Shallow Flooding....................  An area bounded by the          None       +16-39  Seminole Tribe of
                                       Lee County boundary to                             Florida,
                                       the north, County Road                             Unincorporated Areas
                                       858 to the south,                                  of Collier County.
                                       Everglades Road to the
                                       west, and County Road
                                       858 to the east.
Shallow Flooding....................  An area bounded by              None       +11-21  Unincorporated Areas of
                                       County Road 858 to the                             Collier County.
                                       north, I-75 to the
                                       south, Everglades Road
                                       to the west, and State
                                       Route 29 to the east.
Shallow Flooding....................  An area bounded by             +9-12        +9-13  Unincorporated Areas of
                                       Bluebill/Immokalee                                 Collier County.
                                       Road to the north,
                                       Vanderbilt Beach Road
                                       to the south,
                                       Vanderbilt Road to the
                                       west, and I-75 to the
                                       east.
Shallow Flooding....................  An area bounded by              None        +9-18  Unincorporated Areas of
                                       Vanderbilt Beach Road                              Collier County.
                                       to the north, Pine
                                       Ridge Road to the
                                       south, Tamiami Trail
                                       to the west, and I-75
                                       to the east.
Shallow Flooding....................  An area bounded by Pine        +7-10        +8-18  City of Naples,
                                       Ridge Road to the                                  Unincorporated Areas
                                       north, Radio Road to                               of Collier County.
                                       the south, Tamiami
                                       Trail to the east, and
                                       I-75 and Collier Road
                                       to the west.
Shallow Flooding....................  An area bounded by                +6        +8-12  Unincorporated Areas of
                                       Radio Road to the                                  Collier County.
                                       north, Tamiami Trail
                                       to the south, Tamiami
                                       Trail to the west, and
                                       Collier Road to the
                                       east.
Shallow Flooding....................  An area bounded by the          None       +10-14  Unincorporated Areas of
                                       Lee County boundary to                             Collier County.
                                       the north, Immokalee
                                       Road to the south, I-
                                       75 to the east, and
                                       Quarry Road to the
                                       west.
Shallow Flooding....................  An area bounded by              None       +10-15  Unincorporated Areas of
                                       Immokalee Road to the                              Collier County.
                                       north, I-75 to the
                                       south, I-75 to the
                                       east, and Collier Road
                                       to the west.
Shallow Flooding....................  An area bounded by the          None       +12-30  Unincorporated Areas of
                                       Lee County boundary to                             Collier County.
                                       the north, Immokalee
                                       Road and Randall Road
                                       to the south, Quarry
                                       Road and the Lee
                                       County boundary to the
                                       west, and Everglades
                                       Road to the east.

[[Page 62753]]

 
Shallow Flooding....................  An area bounded by              None       +11-15  Unincorporated Areas of
                                       Immokalee Road and                                 Collier County.
                                       Randall Road to the
                                       north, Blackburn Road
                                       to the south, I-75 to
                                       the west, and
                                       Everglades Road to the
                                       east.
----------------------------------------------------------------------------------------------------------------
* 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 Everglades City
Maps are available for inspection at 102 Broadway Avenue, Everglades City, FL 34139.
 
City of Marco Island
Maps are available for inspection at 50 Bald Eagle Drive, Marco Island, FL 34145.
 
City of Naples
Maps are available for inspection at 735 8th Street South, Naples, FL 34102.
 
Seminole Tribe of Florida
Maps are available for inspection at 6300 Stirling Road, Hollywood, FL 33024.
 
                                     Unincorporated Areas of Collier County
Maps are available for inspection at 3301 East Tamiami Trail, Building F, 1st Floor, Naples, FL 34112.
----------------------------------------------------------------------------------------------------------------
 
                                   Alpena County, Michigan (All Jurisdictions)
----------------------------------------------------------------------------------------------------------------
Lake Huron..........................  From approximately 1.3          None         +583  City of Alpena,
                                       miles northwest of the                             Township of Alpena.
                                       intersection of
                                       Rockport Road and Old
                                       Grade Road, to
                                       approximately 700 feet
                                       southeast of the
                                       intersection of S
                                       State Avenue and Mason
                                       Street.
Lake Huron..........................  From approximately              None         +583  Township of Sanborn.
                                       1,000 feet northeast
                                       of the intersection of
                                       Curtis Drive and U.S.
                                       Route 23, to
                                       approximately 4.5
                                       miles southeast of the
                                       intersection of Wilds
                                       Road and Brousseau
                                       Road.
Long Lake...........................  Entire shoreline within         None         +651  Township of Alpena.
                                       Alpena 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
 
City of Alpena
Maps are available for inspection at 208 North 1st Avenue, Alpena, MI 49707.
 
Township of Alpena
Maps are available for inspection at 4385 U.S. Route 23 North, Alpena, MI 49707.
 
Township of Sanborn
Maps are available for inspection at 10068 Ossineke Road, Ossineke, MI 49766.
 
                               Mercer County, North Dakota, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Antelope Creek......................  Approximately 0.85 mile        +1740        +1739  City of Hazen,
                                       upstream of the                                    Unincorporated Areas
                                       confluence with East                               of Mercer County.
                                       Hazen Tributary (Reach
                                       <greek-i>6).
                                      Approximately 0.55 mile        +1756        +1755
                                       upstream of the
                                       confluence with
                                       Upstream Hazen
                                       Tributary (Reach
                                       <greek-i>2).
----------------------------------------------------------------------------------------------------------------
East Hazen Tributary (Reach <greek-   Just upstream of the            None        +1736  City of Hazen,
 i>6).                                 confluence with                                    Unincorporated Areas
                                       Antelope Creek.                                    of Mercer County.

[[Page 62754]]

 
                                      Approximately 1,680             None        +1737
                                       feet upstream of the
                                       confluence with
                                       Antelope Creek.
Upstream Hazen Tributary (Reach       Just upstream of the            None        +1752  City of Hazen,
 <greek-i>2).                          confluence with                                    Unincorporated Areas
                                       Antelope Creek.                                    of Mercer County.
                                      Approximately 1,050             None        +1752
                                       feet upstream of the
                                       confluence with
                                       Antelope Creek.
West Hazen Tributary (Reach <greek-   Just upstream of the            None        +1750  City of Hazen.
 i>4).                                 confluence with
                                       Antelope Creek.
                                      Approximately 300 feet          None        +1764
                                       upstream of Divide
                                       Street.
West Hazen Tributary to Knife River.  Just upstream of the            None        +1743  City of Hazen,
                                       confluence with the                                Unincorporated Areas
                                       Knife River.                                       of Mercer County.
                                      Approximately 70 feet           None        +1755
                                       upstream of 13th
                                       Avenue West.
----------------------------------------------------------------------------------------------------------------
* 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 Hazen
Maps are available for inspection at 146 Main Street East, Hazen, ND 58545.
 
                                      Unincorporated Areas of Mercer County
Maps are available for inspection at 1021 Arthur Street, Stanton, ND 58571.
 
----------------------------------------------------------------------------------------------------------------

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

    Dated: September 21, 2010.

Edward L. Connor,
Acting Federal Insurance and Mitigation Administrator, Department of 
Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2010-25664 Filed 10-12-10; 8:45 am]
BILLING CODE 9110-12-P


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