Proposed Flood Elevation Determinations

Federal Register, Volume 76 Issue 229 (Tuesday, November 29, 2011)

Federal Register Volume 76, Number 229 (Tuesday, November 29, 2011)

Proposed Rules

Pages 73534-73537

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

FR Doc No: 2011-30709

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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-1230

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

Page 73535

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 27, 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-1230, 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 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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Unincorporated Areas of Tulare County, California

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California........................... Unincorporated Areas of Lake Kaweah.............................. Entire shoreline.......................................... None +722

Tulare County.

California........................... Unincorporated Areas of Middle Fork Kaweah River................. Approximately 1.0 mile downstream of the South Fork Kaweah +694 +722

Tulare County. River confluence.

Approximately 0.5 mile downstream of the South Fork Kaweah +721 +722

River confluence.

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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..

Page 73536

ADDRESSES

Unincorporated Areas of Tulare County

Maps are available for inspection at the Tulare County Planning Division, 411 East Kern Avenue, Tulare, CA 93274.

Unincorporated Areas of Chesterfield County Virginia

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Virginia............................. Unicorporated Areas of Crooked Branch........................... At the upstream side of Centralia Road (State Route 145).. * 147 * 148

Chesterfield County.

At the upstream side of Hollyberry Drive.................. * 172 * 170

Virginia............................. Unincorporated Areas of Dry Creek................................ At the upstream side of Hull Street (U.S. Route 360 None * 185

Chesterfield County. Westbound).

Approximately 0.5 mile upstream of Hull Street (U.S. Route None * 185

360 Westbound).

Virginia............................. Unincorporated Areas of Great Branch (downstream)................ At the Proctors Creek confluence.......................... * 94 * 91

Chesterfield County.

Approximately 500 feet upstream of Hamlin Creek Parkway... * 102 * 103

Virginia............................. Unincorporated Areas of Great Branch (upstream).................. Approximately 250 feet downstream of Chalkley Road........ * 139 * 141

Chesterfield County.

Approximately 1,450 feet upstream of Chalkley Road........ * 148 * 146

Virginia............................. Unincorporated Areas of Johnson Creek............................ At the downstream side of Allied Road (State Route 287)... * 9 * 8

Chesterfield County.

Approximately 800 feet downstream of Spruce Avenue........ * 18 * 19

Virginia............................. Unincorporated Areas of Johnson Creek Tributary.................. At the Johnson Creek confluence........................... * 57 * 55

Chesterfield County.

Approximately 320 feet upstream of East Hundred Road None * 57

(State Route 10).

Virginia............................. Unincorporated Areas of Proctors Creek........................... Approximately 850 feet upstream of the Tributary 2 to * 136 * 137

Chesterfield County. Proctors Creek confluence.

Approximately 1,200 feet upstream of State Route 288 * 177 * 176

Eastbound.

Virginia............................. Unincorporated Areas of Winterpock Creek......................... Approximately 1.0 mile downstream of River Road (State None * 193

Chesterfield County. Route 602).

Approximately 450 feet upstream of Beach Road (State Route None * 240

655).

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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

Unincorporated Areas of Chesterfield County

Maps are available for inspection at 9800 Government Center Parkway, Chesterfield, VA 23832.

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Page 73537

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

Dated: November 18, 2011.

Sandra K. Knight,

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

FR Doc. 2011-30709 Filed 11-28-11; 8:45 am

BILLING CODE 9110-12-P

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