2011-15317. Proposed Flood Elevation Determinations

AGENCY:

Federal Emergency Management Agency, DHS.

ACTION:

Proposed rule.

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 September 19, 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-1197, to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, [phone], or (e-mail) [e-mail].

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, [phone], or (e-mail) [e-mail].

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.

§ 67.4

[Amended]

2. The tables published under the authority of § 67.4 are proposed to be amended as follows:

Flooding source(s)	Location of referenced elevation **	* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground ⁁ Elevation in meters (MSL)		Communities affected
		Effective	Modified
Kane County, Illinois, and Incorporated Areas
Big Rock Creek	Approximately 1.68 miles downstream of Jericho Road (at the Kendall County boundary)	None	+648	Unincorporated Areas of Kane County, Village of Big Rock.
	Approximately 1.0 mile upstream of Price Road (at the West Branch Big Rock Creek and East Branch Big Rock Creek confluence)	None	+689
Duffin Drain	At the Sugar Grove Branch confluence	None	+678	Unincorporated Areas of Kane County, Village of Big Rock, Village of Sugar Grove.
	At the downstream side of Wheeler Road	None	+702
East Branch Big Rock Creek	At the Big Rock Creek confluence	None	+689	Unincorporated Areas of Kane County, Village of Big Rock.
	At the Malgren Drain confluence	None	+709
East Branch Big Rock Creek	At the upstream side of Owens Road	None	+779	Unincorporated Areas of Kane County.
	At the East Branch Big Rock Creek Tributary 2 confluence	None	+810
East Branch Big Rock Creek Tributary 2	At the East Branch Big Rock Creek confluence	None	+810	Unincorporated Areas of Kane County.
	Approximately 0.47 miles upstream of Keslinger Road	None	+846
Malgren Drain	At the East Branch Big Rock Creek confluence	None	+709	Unincorporated Areas of Kane County, Village of Big Rock.
	At the downstream side of Swan Road	None	+741
Sugar Grove Branch	At the Welch Creek confluence	None	+677	Unincorporated Areas of Kane County.
	Approximately 1,150 feet downstream of Fay's Lane	None	+680
Welch Creek	At the Big Rock Creek confluence	None	+665	Unincorporated Areas of Kane County, Village of Big Rock, Village of Sugar Grove.
	At the downstream side of Keslinger Road	None	+813
West Branch Big Rock Creek	At the Big Rock Creek confluence	None	+689	Unincorporated Areas of Kane County.
	At the downstream side of U.S. Route 30	None	+720
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.
⁁ 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 Kane County
Maps are available for inspection at the Kane County Government Center, Building A, 719 Batavia Avenue, Geneva, IL 60134.
Village of Big Rock
Maps are available for inspection at the Village Hall, 408 Rhodes Street, Big Rock, IL 60511.
Village of Sugar Grove
Maps are available for inspection at the Village Hall, 10 Municipal Drive, Sugar Grove, IL 60554.
Osceola County, Michigan (All Jurisdictions)
Hersey River	Approximately 125 feet upstream of the Muskegon River confluence	+960	+961	Township of Hersey, Village of Hersey.
	Approximately 750 feet upstream of the Muskegon River confluence	+960	+961
Muskegon River	Approximately 1,500 feet downstream of 4th Street	None	+959	Township of Hersey.
	Approximately 1,565 feet upstream of 4th Street	None	+962
Muskegon River	At the upstream side of Main Street	None	+992	Township of Evart.
	Approximately 0.4 miles upstream of Main Street	None	+993
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.
⁁ 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
Township of Evart
Maps are available for inspection at the Township Hall, 327 South Main Street, Evart, MI 49631.
Township of Hersey
Maps are available for inspection at the Township Hall, 108 South Main Street, Hersey, MI 49639.
Village of Hersey
Maps are available for inspection at the Hersey Township Hall, 108 South Main Street, Hersey, MI 49639.
Laurens County, South Carolina, and Incorporated Areas
Beards Creek	Approximately 170 feet downstream of Little Acres Road	None	+447	City of Clinton, Unincorporated Areas of Laurens County.
	Approximately 490 feet upstream of Brook Road	None	+564
Burnt Mill Creek	At the Little River confluence	None	+501	Unincorporated Areas of Laurens County.
	Approximately 1,750 feet upstream of State Route 127	None	+558
Burnt Mill Creek Tributary 16	At the Burnt Mill Creek confluence	None	+583	City of Laurens, Unincorporated Areas of Laurens County.
	Approximately 1.0 mile upstream of the Burnt Mill Creek confluence	None	+658
Burnt Mill Creek Tributary 21	At the Burnt Mill Creek confluence	None	+586	Unincorporated Areas of Laurens County.
	Approximately 1,735 feet upstream of Strickland Avenue	None	+620
Burnt Mill Creek Tributary 5	Approximately 0.5 mile downstream of Roper Road	None	+514	Unincorporated Areas of Laurens County.
	Approximately 1.9 miles upstream of Roper Road	None	+596
Burnt Mill Creek Tributary 9	At the Burnt Mill Creek confluence	None	+530	Unincorporated Areas of Laurens County.
	Approximately 1.4 miles upstream of Easy Road	None	+637
Burnt Mill Creek Tributary 9.2.2	At the Burnt Mill Creek Tributary 9 confluence	None	+582	Unincorporated Areas of Laurens County.
	Approximately 1.0 mile upstream of the Burnt Mill Creek Tributary 9 confluence	None	+632
Bush River	At the downstream side of State Route 560	None	+509	City of Clinton, Unincorporated Areas of Laurens County.
	Approximately 1.9 miles upstream of State Route 72	None	+629
Cane Creek	Approximately 2.2 miles downstream of State Route 72	None	+442	Unincorporated Areas of Laurens County.
	Approximately 3.8 miles upstream of Harris Springs Road	None	+529
Lake Greenwood	Entire shoreline within community	None	+442	Unincorporated Areas of Laurens County.
Little River	Approximately 1,075 feet upstream of Holmes Bridge Road	None	+496	City of Laurens, Unincorporated Areas of Laurens County.
	Approximately 1.0 mile upstream of Ghost Creek Road	None	+606
Little River Tributary 1	At the Little River confluence	+545	+542	Unincorporated Areas of Laurens County.
	Approximately 1,850 feet upstream of the Little River confluence	+545	+544
Little River Tributary 2	At the Little River confluence	+555	+551	City of Laurens.
	Approximately 495 feet upstream of River Street	+555	+554
Little River Tributary 25	At the Little River confluence	None	+508	Unincorporated Areas of Laurens County.
	Approximately 1.0 mile upstream of the Little River confluence	None	+537
Little River Tributary 28	At the Little River confluence	None	+519	Unincorporated Areas of Laurens County.
	Approximately 0.8 mile upstream of the Little River confluence	None	+540
Little River Tributary 3	At the Little River confluence	+568	+563	City of Laurens.
	Approximately 0.5 mile upstream of the Little River confluence	+568	+567
Little River Tributary 31	At the Little River confluence	None	+530	Unincorporated Areas of Laurens County.
	Approximately 0.8 mile upstream of East Jerry Road	None	+547
Little River Tributary 37	At the Little River confluence	None	+544	City of Laurens.
	Approximately 1,190 feet upstream of East Farley Avenue	None	+609
Reedy Fork Creek	At the Little River confluence	+565	+558	City of Laurens.
	Approximately 715 feet downstream of Anderson Drive	+571	+570
Saluda River	Approximately 3.9 miles downstream of U.S. Route 25	None	+448	Unincorporated Areas of Laurens County.
	Approximately 230 feet upstream of U.S. Business Route 25	None	+531
Scout Branch	Approximately 310 feet upstream of Pamela Lane	None	+641	City of Laurens.
	Approximately 0.6 mile upstream of Pamela Lane	None	+670
Shell Creek	Approximately 1,330 feet upstream of the Bush River confluence	None	+541	City of Clinton, Unincorporated Areas of Laurens County.
	Approximately 1,060 feet upstream of Springdale Drive	None	+607
South Durbin Creek	Approximately 1,500 feet downstream of Boyd Street	None	+743	Unincorporated Areas of Laurens County.
	Approximately 675 feet downstream of Boyd Street	None	+749
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.
⁁ 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
City of Clinton
Maps are available for inspection at City Hall, 211 North Broad Street, Clinton, SC 29325.
City of Laurens
Maps are available for inspection at City Hall, 126 East Public Square, Laurens, SC 29360.
Unincorporated Areas of Laurens County
Maps are available for inspection at the Laurens County Courthouse, 3 Catherine Street, Laurens, SC 29360.
Pennington County, South Dakota, and Incorporated Areas
Arrowhead Creek	At the Rapid Creek confluence	+3317	+3318	City of Rapid City.
	Approximately 408 feet upstream of Summerset Drive	None	+3490
Box Elder Creek through Box Elder	Approximately 0.8 mile downstream of 151st Avenue	None	+2994	City of Box Elder, Unincorporated Areas of Pennington County.
	At the downstream side of 146th Avenue (Bennett Road)	None	+3085
Box Elder Creek through Box Elder Overflow	At the Box Elder Creek confluence	None	+3039	City of Box Elder, Unincorporated Areas of Pennington County.
	At the Box Elder Creek divergence	None	+3082
East Tributary to Box Elder Creek	At the North Tributary to Box Elder Creek confluence	None	+2998	City of Box Elder, Unincorporated Areas of Pennington County.
	Approximately 515 feet upstream of G Avenue	None	+3168
Ellsworth AFB Alert Apron Drainage	At the Box Elder Creek through Box Elder Overflow confluence	None	+3056	City of Box Elder, Unincorporated Areas of Pennington County.
	Approximately 1.0 mile upstream of Kenney Road	None	+3186
Ellsworth AFB West Drainage Basin	At the Box Elder Creek through Box Elder Overflow confluence	None	+3071	City of Box Elder, Unincorporated Areas of Pennington County.
	At the downstream side of 225th Street	None	+3156
Haines Avenue Drainage Basin	At the Rapid Creek confluence	None	+3213	City of Rapid City.
	Approximately 340 feet upstream of Curtis Street	None	+3285
Meade-Hawthorne Drainage Basin	At the Rapid Creek confluence	None	+3141	City of Rapid City.
	At the downstream side of Saint Anne Street	None	+3236
North Tributary to Box Elder Creek	At the Box Elder Creek confluence	+2999	+2994	City of Box Elder, Unincorporated Areas of Pennington County.
	Approximately 540 feet upstream of 225th Street	None	+3117
Northwest Tributary to Box Elder Creek	At the North Tributary to Box Elder Creek confluence	+3047	+3045	City of Box Elder, Unincorporated Areas of Pennington County.
	Approximately 280 feet upstream of 225th Street	None	+3255
Rapid Creek through Silver City	At the Pactola Reservoir confluence	None	+4593	Unincorporated Areas of Pennington County.
	Approximately 2.7 miles upstream of the Pactola Reservoir confluence	None	+4667
Red Rock Canyon	At the Rapid Creek confluence	+3378	+3375	City of Rapid City, Unincorporated Areas of Pennington County.
	Approximately 1.0 mile upstream of Red Rock Canyon Road	None	+3545
Robinsdale Drain	At the Southeast Drainage Basin confluence	+3170	+3172	City of Rapid City.
	Approximately 220 feet upstream of 5th Street	None	+3340
South Canyon Creek	At the Lime Creek confluence	None	+3334	City of Rapid City, Unincorporated Areas of Pennington County.
	Approximately 1,030 feet upstream of Nemo Road	None	+3571
Southeast Drainage Basin	At the Rapid Creek confluence	None	+3133	City of Rapid City, Unincorporated Areas of Pennington County.
	Approximately 1,180 feet upstream of Old Folsom Road	None	+3223
Tributary 1 to East Tributary to Box Elder Creek	At the East Tributary to Box Elder Creek confluence	None	+3077	City of Box Elder.
	Approximately 0.5 mile upstream of the East Tributary to Box Elder Creek confluence	None	+3153
Truck Bypass	At the Southeast Drainage Basin confluence	None	+3213	City of Rapid City, Unincorporated Areas of Pennington County.
	Approximately 1,870 feet upstream of State Highway 16	None	+3310
West Tributary to Box Elder Creek	At the East Tributary to Box Elder Creek confluence	+3026	+3025	City of Box Elder, Unincorporated Areas of Pennington County.
	Approximately 700 feet upstream of Kenney Road	None	+3130
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.
⁁ 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
City of Box Elder
Maps are available for inspection at 520 North Ellsworth Road, Suite 9C, Box Elder, SD 57719.
City of Rapid City
Maps are available for inspection at 300 6th Street, Rapid City, SD 57701.
Unincorporated Areas of Pennington County
Maps are available for inspection at 832 Saint Joseph Street, Rapid City, SD 57701.

(Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)

Dated: June 10, 2011.

Sandra K. Knight,

Deputy Federal Insurance and Mitigation Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency.