Proposed Flood Elevation Determinations

Federal Register, Volume 76 Issue 227 (Friday, November 25, 2011)

Federal Register Volume 76, Number 227 (Friday, November 25, 2011)

Proposed Rules

Pages 72661-72666

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

FR Doc No: 2011-30304

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-B-1232

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 proposed rule is to seek general information and comment regarding the proposed regulatory flood elevations for the reach described by the downstream and upstream locations in the table below. The BFEs and modified BFEs are a part of the floodplain management measures that the community is required either to adopt or to show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). In addition, these elevations, once finalized, will be used by insurance agents and others to calculate appropriate flood insurance premium rates for new buildings and the contents in those buildings.

DATES: Comments are to be submitted on or before February 23, 2012.

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-1232, 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 (email) Luis.Rodriguez3@fema.dhs.gov.

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) 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

Page 72662

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) Depth in feet above

State City/town/county Source of flooding Location ** ground caret

Elevation in meters

(MSL)

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Existing Modified

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Town of Richland, New York

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New York............................. Town of Richland........ Lake Ontario............................. Entire shoreline within Selkirk Shores State Park boundary None +249

New York............................. Town of Richland........ South Branch Grindstone Creek (backwater Areas within Selkirk Shores State Park boundary........... None +249

effects from Lake Ontario).

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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.

** 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

Town of Richland

Maps are available for inspection at the Town of Richland Courthouse Building, 1 Bridge Street, Pulaski, NY 13142.

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* Elevation in feet

(NGVD) + Elevation in

feet (NAVD) Depth in feet above

Flooding source(s) Location of referenced ground caret Communities affected

elevation ** Elevation in meters

(MSL)

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Existing Modified

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Middlesex County, Connecticut (All Jurisdictions)

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Long Island Sound................... Approximately 1,000 +9 +10 Borough of Fenwick,

feet south of the Town of Clinton, Town

intersection of U.S. of Old Saybrook, Town

Route 1 and Chapman of Westbrook.

Beach Drive.

Approximately 400 feet +15 +24

southeast of the

intersection of

Hartlands Drive and

Sea Lane No. 1.

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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.

** 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

Borough of Fenwick

Maps are available for inspection at the Fenwick Borough Municipal Office, 580 Maple Avenue, Old Saybrook, CT

06475.

Page 72663

Town of Clinton

Maps are available for inspection at the Town Hall, 54 East Main Street, Clinton, CT 06413.

Town of Old Saybrook

Maps are available for inspection at the Town Hall, 302 Main Street, Old Saybrook, CT 06475.

Town of Westbrook

Maps are available for inspection at the Town Hall, 866 Boston Post Road, Westbrook, CT 06498.

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Allegheny County, Pennsylvania (All Jurisdictions)

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Graesers Run........................ At the McLaughlin Run +986 +989 Borough of Bethel Park,

confluence. Township of Upper St.

Clair.

Approximately 1,720 None +1025

feet upstream of

Brookside Boulevard.

McLaughlin Run...................... Approximately 50 feet +801 +802 Borough of Bethel Park,

upstream of the Borough of

Chartiers Creek Bridgeville, Township

confluence. of Upper St. Clair.

Approximately 1,330 None +1017

feet upstream of

Bethel Church Road.

Plum Creek.......................... Approximately 220 feet +743 +742 Borough of Oakmont,

upstream of Allegheny Borough of Plum,

River Boulevard. Borough of Verona,

Township of Penn

Hills.

Approximately 280 feet None +1018

upstream of Saltsburg

Road.

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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.

** 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

Borough of Bethel Park

Maps are available for inspection at the Municipal Building, 5100 West Library Avenue, Bethel Park, PA 15102.

Borough of Bridgeville

Maps are available for inspection at the Municipal Building, 425 Bower Hill Road, Bridgeville, PA 15017.

Borough of Oakmont

Maps are available for inspection at the Borough Office, 767 5th Street, Oakmont, PA 15139.

Borough of Plum

Maps are available for inspection at the Plum Borough Municipal Building, 4575 New Texas Road, Pittsburgh, PA

15239.

Borough of Verona

Maps are available for inspection at the Municipal Building, 736 East Railroad Avenue, Verona, PA 15147.

Township of Penn Hills

Maps are available for inspection at the Municipal Building, 12245 Frankstown Road, Penn Hills, PA 15234.

Township of Upper St. Clair

Maps are available for inspection at the Municipal Building, 1830 McLaughlin Run Road, Upper St. Clair, PA

15241.

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Monroe County, Pennsylvania (All Jurisdictions)

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Appenzell Creek..................... Approximately 100 feet +485 +486 Township of Hamilton,

upstream of the Township of Jackson.

McMichaels Creek

confluence.

Approximately 975 feet None +871

upstream of LR 45056.

Aquashicola Creek................... At the Carbon County None +467 Township of Eldred,

Boundary Township of Ross.

(approximately 2.2

miles downstream of

Lower Smith Gap Road).

Approximately 1.2 miles +579 +580

upstream of the most

upstream Upper Smith

Gap Road crossing.

Brodhead Creek Reach 1.............. At the Delaware River +321 +323 Township of Smithfield.

confluence.

Approximately 0.5 mile +321 +323

upstream of State

Route 2028.

Buck Hill Creek..................... Approximately 160 feet +1018 +1017 Township of Barrett,

upstream of the Township of Coolbaugh.

Brodhead Creek Reach 2

and Middle Branch

Tributary confluence.

Page 72664

Approximately 2.2 miles None +2012

upstream of State

Route 191.

Bushkill Creek...................... Approximately 1,100 +471 +470 Township of Middle

feet downstream of Smithfield.

Club House Drive.

Approximately 1,130 None +756

feet upstream of State

Route 402.

Cherry Creek........................ At the Delaware River +321 +323 Borough of Delaware

confluence. Water Gap, Township of

Hamilton, Township of

Smithfield, Township

of Stroud.

Approximately 1,250 None +635

feet upstream of

Spring Mountain Lane.

Cranberry Creek at Paradise......... At the upstream side of +706 +715 Township of Paradise.

Browns Hill Road.

Approximately 200 feet None +1092

upstream of Snowbird

Lane.

Cranberry Creek at Pocono........... At the Pocono Creek +794 +796 Township of Pocono.

confluence.

Approximately 580 feet +818 +817

downstream of State

Route 611.

Delaware River...................... Approximately 1.3 miles +312 +315 Borough of Delaware

downstream of I-80. Water Gap, Township of

Middle Smithfield,

Township of

Smithfield.

Approximately 14.8 None +357

miles upstream of I-80.

Kettle Creek........................ At the Appenzell Creek +493 +491 Township of Hamilton.

confluence.

Approximately 200 feet +493 +492

upstream of the

Appenzell Creek

confluence.

Lehigh River Reach 2................ Approximately 1.4 miles None +1512 Township of Coolbaugh,

downstream of State Township of Tobyhanna.

Route 4003.

Approximately 780 feet None +1617

upstream of T-303.

Marshalls Creek..................... At the Brodhead Creek +321 +323 Township of Middle

Reach 1 confluence. Smithfield, Township

of Smithfield.

Approximately 2.6 miles None +1144

upstream of Wooddale

Road.

Pocono Creek........................ Approximately 1,000 +415 +416 Borough of Stroudsburg,

feet upstream of the Township of Hamilton,

McMichaels Creek Township of Pocono,

confluence. Township of Stroud.

Approximately 0.8 mile None +1441

upstream of Wilke Road.

Sambo Creek......................... Approximately 60 feet None +444 Township of Stroud.

downstream of the

railroad.

Approximately 1,500 None +451

feet upstream of State

Route 447 (extended).

Scot Run............................ At the Pocono Creek +948 +955 Township of Pocono.

confluence.

Approximately 450 feet +954 +955

downstream of State

Route 611.

Shawnee Creek Reach 1............... At the Delaware River +325 +326 Township of Smithfield.

confluence.

Approximately 100 feet +325 +326

upstream of River Road.

Swiftwater Creek.................... Approximately 1,580 +1162 +1163 Township of Pocono,

feet downstream of Township of Tobyhanna.

State Route 314.

Approximately 2.7 miles None +1736

upstream of Lake

Minausin Dam.

Tributary 4 to Pocono Creek......... At the Pocono Creek +865 +861 Township of Pocono.

confluence.

Approximately 110 feet +866 +865

downstream of Alger

Avenue.

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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.

** 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

Borough of Delaware Water Gap

Maps are available for inspection at the Municipal Building, 49 Main Street, Delaware Water Gap, PA 18327.

Borough of Stroudsburg

Maps are available for inspection at the Municipal Building, 700 Sarah Street, Stroudsburg, PA 18360.

Page 72665

Township of Barrett

Maps are available for inspection at the Barrett Township Hall, 993 State Route 390, Cresco, PA 18326.

Township of Coolbaugh

Maps are available for inspection at the Coolbaugh Township Municipal Center, 5550 Memorial Boulevard,

Tobyhanna, PA 18466.

Township of Eldred

Maps are available for inspection at the Eldred Township Office, 490 Kunkletown Road, Kunkletown, PA 18058.

Township of Hamilton

Maps are available for inspection at the Hamilton Township Municipal Building, Fenner Avenue, Sciota, PA 18354.

Township of Jackson

Maps are available for inspection at the Jackson Township Municipal Building, 2162 State Route 715, Stroudsburg,

PA 18360.

Township of Middle Smithfield

Maps are available for inspection at the Middle Smithfield Township Office, Schoonover Municipal Building, 25

Municipal Drive, East Stroudsburg, PA 18301.

Township of Paradise

Maps are available for inspection at the Paradise Township Municipal Building, 5912 Paradise Valley Road,

Cresco, PA 18326.

Township of Pocono

Maps are available for inspection at the Pocono Township Municipal Building, State Route 611, Tannersville, PA

18372.

Township of Ross

Maps are available for inspection at the Ross Township Municipal Building, 258 Anchorage Road, Saylorsburg, PA

18353.

Township of Smithfield

Maps are available for inspection at the Smithfield Township Municipal Building, 1155 Red Fox Road, East

Stroudsburg, PA 18301.

Township of Stroud

Maps are available for inspection at the Stroud Township Municipal Center, 1211 North 5th Street, Stroudsburg,

PA 18360.

Township of Tobyhanna

Maps are available for inspection at the Tobyhanna Township Municipal Building, 105 Government Center Way,

Pocono Pines, PA 18350.

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Susquehanna County, Pennsylvania (All Jurisdictions)

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Choconut Creek...................... Approximately 0.9 mile +1039 +1038 Township of Choconut.

downstream of Kellum

Road.

Approximately 1,430 None +1275

feet upstream of State

Route 267.

DuBois Creek........................ At the Susquehanna +873 +875 Borough of Hallstead,

River confluence. Township of Great

Bend.

Approximately 1.2 miles +1038 +1036

upstream of Steam

Hollow Road.

Dundaff Creek....................... At the East Branch +1052 +1047 Township of Clifford.

Tunkhannock Creek

confluence.

Approximately 0.6 mile +1099 +1093

upstream of State

Route 106.

East Branch Tunkhannock Creek....... Approximately 0.8 mile +964 +963 Township of Clifford,

downstream of LR 57037. Township of Lenox.

Approximately 1.7 miles +1081 +1083

upstream of State

Route 106.

Salt Lick Creek..................... At the Susquehanna +875 +877 Borough of Hallstead,

River confluence. Borough of New

Milford, Township of

Great Bend, Township

of New Milford.

Approximately 0.4 mile None +1273

upstream of State

Route 1012.

Starrucca Creek..................... At the Susquehanna +909 +911 Borough of Lanesboro.

River confluence.

At North Main Street... +909 +911

Susquehanna River................... At the downstream New None +872 Borough of Great Bend,

York state boundary. Borough of Hallstead,

Borough of Lanesboro,

Borough of Oakland,

Borough of Susquehanna

Depot, Township of

Great Bend, Township

of Harmony, Township

of Oakland.

At the upstream New +914 +918

York state boundary.

Trowbridge Creek.................... At the Susquehanna +873 +874 Township of Great Bend.

River confluence.

At the New York state +981 +982

boundary.

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* National Geodetic Vertical Datum.

+ North American Vertical Datum.

Depth in feet above ground.

Page 72666

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 Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation

Administration, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472.

ADDRESSES

Borough of Great Bend

Maps are available for inspection at the Borough Building, 81 Elizabeth Street, Great Bend, PA 18821.

Borough of Hallstead

Maps are available for inspection at the Municipal Building, 101 Franklin Avenue, Hallstead, PA 18822.

Borough of Lanesboro

Maps are available for inspection at the Borough Hall, 418 Main Street, Lanesboro, PA 18827.

Borough of New Milford

Maps are available for inspection at the Borough Office, 948 Main Street, Suite 1, New Milford, PA 18834.

Borough of Oakland

Maps are available for inspection at the Oakland Borough Building, 15 Wilson Avenue, Susquehanna, PA 18847.

Borough of Susquehanna Depot

Maps are available for inspection at the Susquehanna Depot Borough Hall, 83 Erie Boulevard, Suite A,

Susquehanna, PA 18847.

Township of Choconut

Maps are available for inspection at the Choconut Township Hall, 26499 State Route 267, Friendsville, PA 18818.

Township of Clifford

Maps are available for inspection at the Township Building, 119 Cemetery Street, Clifford, PA 18441.

Township of Great Bend

Maps are available for inspection at the Great Bend Township Building, 33253 State Route 151, Susquehanna, PA

18847.

Township of Harmony

Maps are available for inspection at the Harmony Township Office, 4197 Starrucca Creek Road, Susquehanna, PA

18847.

Township of Lenox

Maps are available for inspection at the Lenox Township Municipal Building, 2811 State Route 92, Kingsley, PA

18826.

Township of New Milford

Maps are available for inspection at the Township Building, 19730 State Route 11, New Milford, PA 18834.

Township of Oakland

Maps are available for inspection at the Oakland Township Building, 36 Riverside Drive, Susquehanna, PA 18847.

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

Dated: November 14, 2011.

Sandra K. Knight,

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

FR Doc. 2011-30304 Filed 11-23-11; 8:45 am

BILLING CODE 9110-12-P

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