Final Flood Elevation Determinations

Federal Register, Volume 78 Issue 98 (Tuesday, May 21, 2013)

Federal Register Volume 78, Number 98 (Tuesday, May 21, 2013)

Rules and Regulations

Pages 29654-29655

From the Federal Register Online via the Government Printing Office www.gpo.gov

FR Doc No: 2013-12025

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

Docket ID FEMA-2013-0002

Final Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: Base (1% annual-chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

DATES: The date of issuance of the Flood Insurance Rate Map (FIRM) showing BFEs and modified BFEs for each community. This date may be obtained by contacting the office where the maps are available for inspection as indicated in the table below.

ADDRESSES: The final BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below.

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 (email) Luis.Rodriguez3@fema.dhs.gov.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency (FEMA) makes the final determinations listed below for the modified BFEs for each community listed. These modified elevations have been published in newspapers of local circulation and ninety (90) days have elapsed since that publication. The Deputy Associate Administrator for Mitigation has resolved any appeals resulting from this notification.

This final rule is issued in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 67. FEMA has developed criteria for floodplain management in floodprone areas in accordance with 44 CFR part 60.

Interested lessees and owners of real property are encouraged to review the proof Flood Insurance Study and FIRM available at the address cited below for each community. The BFEs and modified BFEs are made final in the communities listed below. Elevations at selected locations in each community are shown.

National Environmental Policy Act. This final 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.

Regulatory Classification. This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735.

Executive Order 13132, Federalism. This final rule involves no policies that have federalism implications under Executive Order 13132.

Executive Order 12988, Civil Justice Reform. This final 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 amended as follows:

PART 67--AMENDED

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  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. 67.11 Amended

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  2. The tables published under the authority of Sec. 67.11 are amended as follows:

    Page 29655

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    * Elevation in

    feet (NGVD) +

    Elevation in feet

    (NAVD) Flooding source(s) Location of referenced Depth in feet Communities affected

    elevation above ground

    caret Elevation

    in meters (MSL)

    Modified

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    Kenai Peninsula Borough, Alaska

    Docket No.: FEMA-B-1126

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    Bear Creek............................. At the confluence with +170 Kenai Peninsula Borough.

    Salmon Creek.

    At the outflow from Bear +255

    Lake.

    Grouse Creek........................... At the confluence with +189 Kenai Peninsula Borough.

    Lost Creek.

    At the outflow from +220

    Grouse Lake.

    Kwechack Creek (Including Flows Outside At the confluence with +136 Kenai Peninsula Borough.

    of the Levees). Salmon Creek.

    Approximately 1.4 mile +336

    upstream of the Brono

    Road bridge.

    Resurrection River..................... At the confluence with +16 City of Seward, Kenai

    Resurrection Bay. Peninsula Borough.

    Approximately 1.6 mile +74

    upstream of the Alaskan

    Railroad, near the

    intersection of Wilma

    Bypass and Herman Leirer

    Road.

    Salmon Creek........................... At the confluence with +16 City of Seward, Kenai

    Resurrection Bay. Peninsula Borough.

    At the confluence with +189

    Grouse Creek and Lost

    Creek, just downstream

    of Timber Lane Drive.

    Salmon Creek Overflow.................. At the confluence with +68 Kenai Peninsula Borough.

    Salmon Creek.

    At the divergence from +148

    Salmon Creek.

    Salmon Creek Split..................... At the confluence with +41 Kenai Peninsula Borough.

    Salmon Creek.

    At the divergence from +88

    Salmon Creek.

    Salmon Creek/Resurrection River Split.. At the confluence with +38 Kenai Peninsula Borough.

    Resurrection River.

    At the outflow from +40

    Salmon Creek.

    Sawmill Creek.......................... At the confluence with +16 City of Seward, Kenai

    Resurrection Bay. Peninsula Borough.

    Approximately 1.3 mile +183

    upstream of Nash Road.

    Sawmill Creek Split.................... At the divergence from +12 City of Seward.

    Sawmill Creek.

    At the confluence with +16

    Resurrection Bay.

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    * National Geodetic Vertical Datum.

    + North American Vertical Datum.

    Depth in feet above ground.

    caret Mean Sea Level, rounded to the nearest 0.1 meter.

    ADDRESSES

    City of Seward

    Maps are available for inspection at 410 Adams Street, Seward, AK 99664.

    Kenai Peninsula Borough

    Maps are available for inspection at 144 North Binkley Street, Soldotna, AK 99669.

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

    Roy E. Wright,

    Deputy Associate Administrator for Mitigation, Department of Homeland Security, Federal Emergency Management Agency.

    FR Doc. 2013-12025 Filed 5-20-13; 8:45 am

    BILLING CODE 9110-12-P

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