[Federal Register Volume 75, Number 211 (Tuesday, November 2, 2010)]
[Proposed Rules]
[Pages 67317-67321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27585]


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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-1149]


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 31, 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-1149, 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#5f2d3026713a71282d3638372b1f3b372c71383029"><span class="__cf_email__" data-cfemail="4634293f68236831342f212e3206222e3568212930">[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#42302d3b6c276c35302b252a3602262a316c252d34"><span class="__cf_email__" data-cfemail="60120f194e054e171209070814200408134e070f16">[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:

[[Page 67318]]



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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
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Unincorporated Areas of Butte-Silver Bow County, Montana
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Montana..............................  Unincorporated Areas of   Basin Creek..............................  Approximately 1,000 feet upstream of I-90.................        +5468        +5469
                                        Butte-Silver Bow County.
                                                                                                            Approximately 40 feet downstream of Mormon Church Road....        +5495        +5494
Montana..............................  Unincorporated Areas of   Sand Creek...............................  Approximately 90 feet downstream of Evans Avenue..........        +5460        +5456
                                        Butte-Silver Bow County.
                                                                                                            Approximately 50 feet upstream of Chicago, Milwaukee, St.         +5545        +5547
                                                                                                             Paul and Pacific Railroad.
Montana..............................  Unincorporated Areas of   Sand Creek Diversion.....................  Approximately 500 feet upstream of Elizabeth Warren Avenue         None        +5484
                                        Butte-Silver Bow County.
                                                                                                            Approximately 100 feet downstream of Harrison Avenue......         None        +5514
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* 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 Butte-Silver Bow County
Maps are available for inspection at 155 West Granite Street, Room 108, Butte, MT 59701.
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                                                                                City of Sioux Falls, South Dakota
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 South Dakota........................  City of Sioux Falls.....  Big Sioux River..........................  Approximately 0.5 mile downstream of Cliff Avenue,                 None        +1320
                                                                                                             landward of north levee.
                                                                                                            Approximately 1,800 feet upstream of Cliff Avenue,                 None        +1324
                                                                                                             landward of north levee.
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* 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
 
                                                                                       City of Sioux Falls
Maps are available for inspection at 224 West 9th Street, Sioux Falls, SD 57117.
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[[Page 67319]]


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                                                                  * 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
----------------------------------------------------------------------------------------------------------------
                                Jackson County, Arkansas, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Cache River.........................  Approximately 1.06 mile         None         +223  Unincorporated Areas of
                                       downstream of the                                  Jackson County.
                                       confluence with Browns
                                       Creek Ditch.
                                      Approximately 0.57 mile         None         +224
                                       downstream of the
                                       confluence with Browns
                                       Creek Ditch.
Swan Pond Ditch.....................  Just upstream of the            None         +227  Unincorporated Areas of
                                       confluence with                                    Jackson County.
                                       Tuckerman Ditch.
                                      Just upstream of State          None         +227
                                       Highway 37.
Tuckerman Ditch.....................  Just upstream of the            None         +236  City of Tuckerman,
                                       confluence with                                    Unincorporated Areas
                                       Village Creek.                                     of Jackson County.
                                      Approximately 0.57 mile         None         +242
                                       downstream of County
                                       Road 620.
Village Creek.......................  Just upstream of the            None         +227  Unincorporated Areas of
                                       confluence with the                                Jackson County.
                                       White River.
                                      Just downstream of              None         +242
                                       State Highway 37.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
<greek-i> Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.
 
Send comments to 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 Tuckerman
Maps are available for inspection at 200 West Main Street, Tuckerman, AR 72473.
 
                                     Unincorporated Areas of Jackson County
Maps are available for inspection at the Jackson County Courthouse, 208 Main Street, Newport, AR 72112.
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                                Hernando County, Florida, and Incorporated Areas
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Blue Sink Watershed.................  Approximately 700 feet          None          +41  City of Brooksville,
                                       downstream of Duck                                 Unincorporated Areas
                                       Pond Road (at Junction                             of Hernando County.
                                       1NP0170).
                                      Approximately 100 feet          None         +236
                                       upstream of Chinsegut
                                       Hill Road (at Junction
                                       1NE0500).
Bystre Lake Watershed...............  Approximately 280 feet          None          +56  City of Brooksville,
                                       downstream of                                      Unincorporated Areas
                                       Weatherly Road (at                                 of Hernando County.
                                       Junction 2NG1980).
                                      Approximately 2,800             None         +256
                                       feet upstream of
                                       Griffin Road (at
                                       Junction 2NC1010).
Centralia Watershed.................  Approximately 1 mile            None           +8  Unincorporated Areas of
                                       downstream of the                                  Hernando County.
                                       intersection of U.S.
                                       Route 19 and Knuckey
                                       Road (at Junction
                                       3NJ1550).
                                      Approximately 1,200             None         +186
                                       feet upstream of
                                       Barrientos Lane (at
                                       Junction 3NR2100).
Chassahowitzka River Watershed......  Approximately 850 feet          None           +7  Unincorporated Areas of
                                       downstream of the                                  Hernando County.
                                       intersection U.S.
                                       Route 19 and Nicasio
                                       Jay Avenue (at
                                       Junction 4NK1450).
                                      Approximately 2,000             None         +158
                                       feet upstream of the
                                       intersection of Citrus
                                       Road and Thompson Loop
                                       (at Junction 4NC0900).
Croom Watershed.....................  Approximately 1,000             None          +42  City of Brooksville,
                                       feet downstream of                                 Unincorporated Areas
                                       Malvern Street (at                                 of Hernando County.
                                       Junction 6NA0266).
                                      Approximately 400 feet          None         +201
                                       upstream of La Ruth
                                       Road (at Junction
                                       6NC0405).
Eastern Hernando Withlacoochee River  Approximately 2,600             None          +41  Unincorporated Areas of
 Watershed.                            feet downstream of the                             Hernando County.
                                       intersection of
                                       Nobleton Croom Road
                                       and Trail 9 (at
                                       Junction 7NB1530).

[[Page 67320]]

 
                                      Approximately 2,000             None         +152
                                       feet upstream of the
                                       intersection of Poe
                                       County Lane and Power
                                       Line Road (at Junction
                                       7NH0398).
Little Withlacoochee River Watershed  Approximately 2,300             None          +56  Unincorporated Areas of
                                       feet downstream of End                             Hernando County.
                                       of Nations Road, at
                                       the confluence of the
                                       Withlacoochee and
                                       Little Withlacoochee
                                       Rivers (at Junction
                                       8NE0020).
                                      Approximately 600 feet          None          +90
                                       upstream of Carter
                                       Pond Road (at Junction
                                       8NA9044).
Lizzie Hart Sink Watershed..........  Approximately 50 feet           None          +43  Unincorporated Areas of
                                       downstream of the                                  Hernando County.
                                       intersection of
                                       Brittle Road and
                                       Forest 24 Road (at
                                       Junction 9NF0040).
                                      Approximately 5,000             None         +164
                                       feet upstream of the
                                       intersection of Jones
                                       Road and Snow Hill
                                       Road (at Junction
                                       9NC0330).
McKethan Watershed..................  Approximately 3,000             None          +38  Unincorporated Areas of
                                       feet downstream of                                 Hernando County.
                                       U.S. Route 41 and the
                                       Citrus County boundary
                                       (at Junction 10NF1000).
                                      Approximately 850 feet          None         +233
                                       upstream of the
                                       intersection of
                                       Chinsegut Hill Road
                                       and Pilots Path (at
                                       Junction 10NC0012).
Oman Quarry Watershed...............  Approximately 220 feet          None           +9  Unincorporated Areas of
                                       downstream of                                      Hernando County.
                                       Windjammer Drive (at
                                       Junction 11NB0070).
                                      Approximately 50 feet           None          +37
                                       upstream of the
                                       intersection of
                                       Gerbert Street and
                                       William Street (at
                                       Junction 11NI0080).
Powell Watershed....................  Approximately 750 feet           +69          +62  City of Brooksville,
                                       downstream of State                                Unincorporated Areas
                                       Prison Drive (at                                   of Hernando County.
                                       Junction 13NB0095).
                                      Approximately 2,000             None         +134
                                       feet upstream of the
                                       intersection of Powell
                                       Road and Mars Road (at
                                       Junction 13NK0240).
Spring Hill Lakes Watershed.........  Approximately 4,500             None          +10  Town of Weeki Wachee,
                                       feet downstream of                                 Unincorporated Areas
                                       intersection at                                    of Hernando County.
                                       Suzanne Drive and
                                       Commercial Way (at
                                       Junction 14NAA0080).
                                      Approximately 50 feet           None          +69
                                       upstream of the
                                       intersection of
                                       Palmgren Lane and
                                       Mariner Boulevard (at
                                       Junction 14NG0425).
Toachodka Watershed.................  Approximately 600 feet          None          +64  Unincorporated Areas of
                                       downstream of the                                  Hernando County.
                                       intersection of
                                       Hickory Hill Road and
                                       Lockhart Road (at
                                       Junction 16NE0510).
                                      Approximately 2,100             None         +225
                                       feet upstream of the
                                       intersection of Spring
                                       Hill Highway and
                                       Rosecrans Street (at
                                       Junction 16NA2680).
Tooke Watershed.....................  Approximately 1,600             None           +1  Town of Weeki Wachee,
                                       feet downstream of                                 Unincorporated Areas
                                       Porpoise Street (at                                of Hernando County.
                                       Junction 17NK1000).
                                      Approximately 100 feet          None         +107
                                       upstream of the
                                       intersection of Star
                                       Road and Madison
                                       Street (at Junction
                                       17NB5230).
Weeki Wachee Prairie Watershed......  Approximately 400 feet          None          +19  Unincorporated Areas of
                                       downstream of the                                  Hernando County.
                                       intersection of Azora
                                       Road and Watt Avenue
                                       (at Junction 18NA2170).
                                      Approximately 100 feet          None          +76
                                       upstream of the
                                       intersection of Spring
                                       Hill Drive and
                                       Whitewood Avenue (at
                                       Junction 18NB1065).
Willow Sink Watershed...............  Approximately 100 feet          None          +19  Unincorporated Areas of
                                       downstream of the                                  Hernando County.
                                       intersection of Lynn
                                       Road and India Drive
                                       (at Junction 19NG2360).
                                      Approximately 100 feet          None         +101
                                       upstream of the
                                       intersection of Star
                                       Road and Jayson Road
                                       (at Junction
                                       19WISCON1).
Wiscon Watershed....................  Approximately 380 feet          None          +25  Unincorporated Areas of
                                       downstream of the                                  Hernando County.
                                       intersection of Elwood
                                       Road and Tacoma Avenue
                                       (at Junction 20NS0200).

[[Page 67321]]

 
                                      Approximately 800 feet          None         +153
                                       upstream of Dusty Pine
                                       Trail (at Junction
                                       20NK0034).
----------------------------------------------------------------------------------------------------------------
* 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 Brooksville
Maps are available for inspection at 201 Howell Avenue, Brooksville, FL 34601.
 
Town of Weeki Wachee
Maps are available for inspection at 6131 Commercial Way, Weeki Wachee, FL 34606.
 
                                     Unincorporated Areas of Hernando County
Maps are available for inspection at 20 North Main Street, Brooksville, FL 34601.
----------------------------------------------------------------------------------------------------------------

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

    Dated: October 15, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation, 
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2010-27585 Filed 11-1-10; 8:45 am]
BILLING CODE 9110-12-P


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