2011-19546. 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 November 1, 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-1207, 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:

State	City/town/county	Source of flooding	Location **	* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground ⁁ Elevation in meters (MSL)
				Existing	Modified
City of Cadiz, Kentucky
Kentucky	City of Cadiz	Little River (backwater effects from Lake Barkley)	From the Lake Barkley confluence to approximately 4.5 miles upstream of the Lake Barkley confluence	None	+375
Kentucky	City of Cadiz	Little River Tributary 1 (backwater effects from Lake Barkley)	From the Little River confluence to approximately 1,678 feet upstream of the Little River confluence	None	+375
* 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 Cadiz
Maps are available for inspection at 63 Main Street, Cadiz, KY 42211.
Unincorporated Areas of Caldwell Parish, Louisiana
Louisiana	Unincorporated Areas of Caldwell Parish	Hurricane Creek/Branch 2-3	Approximately 0.9 mile upstream of the Hurricane Creek confluence	None	+146
			Approximately 1.0 mile upstream of the Hurricane Creek confluence	None	+146
Louisiana	Unincorporated Areas of Caldwell Parish	Hurricane Creek/Branch 3-1	Approximately 1,275 feet upstream of the Hurricane Creek confluence	None	+168
			Approximately 1.0 mile upstream of the Hurricane Creek confluence	None	+168
Louisiana	Unincorporated Areas of Caldwell Parish	Hurricane Creek/Branch 3-4 (Hanchey Tributary)	Approximately 265 feet upstream of the Hurricane Creek confluence	None	+156
			Approximately 0.87 mile upstream of the Hurricane Creek confluence	None	+156
* 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 Caldwell Parish
Maps are available for inspection at the Caldwell Parish Community Recreation Center, 911 Complex, 6563 U.S. Route 165, Columbia, LA 71418.
Town of Stuckey, South Carolina
South Carolina	Town of Stuckey	Indiantown Swamp	At the upstream side of Mount Carmel Road	None	+31
			Approximately 0.56 mile upstream of Mount Carmel Road	None	+32
* 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
Town of Stuckey
Maps are available for inspection at the Town Office, 11 Town Hall Road, Stuckey, SC 29554.

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
Carroll County, New Hampshire (All Jurisdictions)
Bay Tributary 1	At the Moultonborough Bay confluence	None	+506	Town of Moultonborough.
	Approximately 1.09 miles upstream of the Bay Tributary 1.1 divergence	None	+547
Bay Tributary 1.1	At the Moultonborough Bay confluence	None	+506	Town of Moultonborough.
	At the Bay Tributary 1 divergence	None	+515
Bearcamp River	At the upstream side of Covered Bridge Road	+428	+429	Town of Ossipee.
	Approximately 520 feet upstream of Covered Bridge Road	+430	+431
Bearcamp River	Approximately 2.06 miles upstream of State Route 113 (Tamworth Road)	+567	+566	Town of Tamworth.
	Approximately 2.15 miles upstream of State Route 113 (Tamworth Road)	+571	+570
Berry Pond/Berry Pond Tributary 1	Approximately 150 feet upstream of State Route 25 (Whittier Highway)	None	+568	Town of Moultonborough, Town of Sandwich.
	Approximately 2.6 miles upstream of State Route 25 (Whittier Highway)	None	+622
Berry Pond Diversion	At the Red Hill River confluence	None	+536	Town of Moultonborough.
	At the Berry Pond divergence	None	+569
East Branch Saco River	Approximately 160 feet upstream of U.S. Route 302B (State Route 16A)	+565	+566	Town of Bartlett, Town of Jackson.
	Approximately 0.63 miles upstream of Town Hall Road	+835	+836
Halfway Brook	At the Moultonborough Bay confluence	None	+506	Town of Moultonborough.
	Approximately 1.29 miles upstream of Ossipee Mountain Road	None	+1428
Halfway Brook Tributary 1	At the Halfway Brook confluence	None	+529	Town of Moultonborough.
	Approximately 0.88 miles upstream of the Halfway Brook confluence	None	+541
Moultonborough Bay	Entire shoreline	None	+506	Town of Moultonborough.
Ossipee Lake	Entire shoreline	None	+414	Town of Effingham.
Pequawket Pond	Entire shoreline within community	None	+464	Town of Albany.
Province Lake	Entire shoreline	None	+480	Town of Effingham.
Red Hill River	At the Moultonborough Bay confluence	None	+506	Town of Moultonborough, Town of Sandwich.
	Approximately 1.70 miles upstream of School House Road	None	+587
Red Hill River Tributary 1	At the Red Hill River confluence	None	+536	Town of Moultonborough.
	Approximately 0.80 miles upstream of Sheridan Road	None	+878
Red Hill River	At the Red Hill River confluence	None	+536	Town of Moultonborough.
Tributary 1 Diversion	At the Red Hill River Tributary 1 divergence	None	+600
Rocky Branch	Approximately 70 feet upstream of U.S. Route 302 (Crawford Notch Road)	+573	+574	Town of Bartlett.
	Approximately 520 feet upstream of U.S. Route 302 (Crawford Notch Road)	+575	+576
Rocky Branch	Approximately 0.47 miles upstream of U.S. Route 302 (Crawford Notch Road)	+607	+608	Town of Bartlett.
	Approximately 0.90 miles upstream of U.S. Route 302 (Crawford Notch Road)	+655	+656
Saco River	Approximately 1,970 feet upstream of Maine Central Railroad	None	+756	Town of Hart's Location.
	Approximately 0.85 miles upstream of Maine Central Railroad	None	+772
Shannon Brook	At the Moultonborough Bay confluence	None	+506	Town of Moultonborough.
	Approximately 1.07 miles upstream of State Route 171 (Old Mountain Road)	None	+1202
Shannon Brook Tributary 1	At the Shannon Brook confluence	None	+550	Town of Moultonborough.
	Approximately 400 feet upstream of State Route 109 (Governor Wentworth Highway)	None	+588
Squam Lake	Entire shoreline	None	+565	Town of Moultonborough, Town of Sandwich.
Weed Brook	At the Berry Pond confluence	None	+569	Town of Moultonborough, Town of Sandwich.
	Approximately 650 feet upstream of State Route 25 (Whittier Highway)	None	+701
Weed Brook Diversion	At the Weed Brook Tributary 1 confluence	None	+569	Town of Moultonborough.
	At the Weed Brook divergence	None	+585
Weed Brook Tributary 1	At the Weed Brook confluence	None	+600	Town of Moultonborough.
	Approximately 1,700 feet upstream of Bodge Hill Road	None	+785
Wildcat Brook	Approximately 1,560 feet downstream of Meloon Road	+1116	+1115	Town of Jackson.
	Approximately 120 feet downstream of Meloon Road	+1177	+1176
* 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
Town of Albany
Maps are available for inspection at the Town Hall, 1972-A State Route 16, Albany, NH 03818.
Town of Bartlett
Maps are available for inspection at the Bartlett Town Hall, 56 Town Hall Road, Intervale, NH 03845.
Town of Effingham
Maps are available for inspection at the Town Hall, 68 School Street, Effingham, NH 03882.
Town of Hart's Location
Maps are available for inspection at the Town Hall, 979 U.S. Route 302, Hart's Location, NH 03812.
Town of Jackson
Maps are available for inspection at the Town Hall, 54 Main Street, Jackson, NH 03846.
Town of Moultonborough
Maps are available for inspection at the Town Hall, 6 Holland Street, Moultonborough, NH 03254.
Town of Ossipee
Maps are available for inspection at the Ossipee Town Hall, 55 Main Street, Center Ossipee, NH 03814.
Town of Sandwich
Maps are available for inspection at the Sandwich Town Hall, 8 Maple Street, Center Sandwich, NH 03227.
Town of Tamworth
Maps are available for inspection at the Town Hall, 84 Main Street, Tamworth, NH 03886.
Juniata County, Pennsylvania (All Jurisdictions)
Susquehanna River	At the downstream Northumberland County boundary	+405	+403	Township of Susquehanna.
	At the West Mahantango Creek confluence	+408	+405
Tuscarora Creek	Approximately 0.9 mile upstream of Groninger Valley Road	None	+445	Township of Spruce Hill.
	Approximately 3.1 miles upstream of Groninger Valley Road	None	+461
West Mahantango Creek	At the Susquehanna River confluence	+408	+405	Township of Susquehanna.
	Approximately 60 feet downstream of Old Trail Road	+408	+407
* 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 Spruce Hill
Maps are available for inspection at the Spruce Hill Township Secretary's Office, 727 Half Moon Road, Port Royal, PA 17082.
Township of Susquehanna
Maps are available for inspection at the Susquehanna Township Hall, 358 Fairground Road, Liverpool, PA 17045.

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

Dated: July 22, 2011.

Sandra K. Knight,

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