2011-21709. 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 23, 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-1213, 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
Coos County, New Hampshire (All Jurisdictions)
Androscoggin River	Approximately 3.5 miles downstream of Meadow Road	None	+691	City of Berlin, Town of Dummer, Town of Errol, Town of Gorham, Town of Milan, Town of Shelburne, Unincorporated Areas of Coos County.
	At the downstream side of Umbagog Lake Dam	None	+1231
Clear Stream	At the Androscoggin River confluence	None	+1222	Town of Errol.
	Approximately 1.1 miles upstream of White Mountain Highway	None	+1227
Clement Brook	At the Androscoggin River confluence	None	+700	Town of Shelburne.
	Approximately 0.7 mile upstream of U.S. Route 2	None	+752
Connecticut River	Approximately 0.8 mile downstream of Janice Peaslee Bridge (formerly Maidstone-Stratford Hollow Bridge)	+861	+865	Town of Stratford.
	Approximately 1,180 feet downstream of Janice Peaslee Bridge (formerly Maidstone-Stratford Hollow Bridge)	+864	+865
Connecticut River	Approximately 2.1 miles upstream of State Route 105	None	+932	Town of Clarksville, Town of Colebrook, Town of Columbia, Town of Stewartstown.
	Approximately 0.6 mile downstream of U.S. Route 3	None	+1106
Dead River	At the Androscoggin River confluence	+947	+950	City of Berlin.
	Approximately 0.4 mile upstream of Hillside Avenue	+1048	+1049
Greenough Brook	At the Androscoggin River confluence	None	+1226	Town of Errol.
	At the downstream side of the Akers Pond Dam	None	+1230
Moose Brook	At the Androscoggin River confluence	+794	+793	Town of Gorham.
	Approximately 840 feet upstream of Jimtown Road	None	+1128
Moose Brook Split	At the Moose Brook confluence	None	+924	Town of Gorham.
	At the Moose Brook divergence	None	+937
Moose River	At the Androscoggin River confluence	+786	+787	Town of Gorham.
	Approximately 0.4 mile upstream of Main Street	+831	+830
Peabody River	At the Androscoggin River confluence	None	+755	Town of Gorham, Town of Shelburne.
	Approximately 1.8 miles upstream of Glen Road	+1054	+1060
Tinker Brook	At the Androscoggin River confluence	+846	+842	Town of Gorham.
	Approximately 0.9 mile upstream of Main Street	None	+1206
* 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 Berlin
Maps are available for inspection at City Hall, 168 Main Street, Berlin, NH 03570.
Town of Clarksville
Maps are available for inspection at the Town Office, 408 New Hampshire Route 145, Clarksville, NH 03592.
Town of Colebrook
Maps are available for inspection at the Town Hall, 17 Bridge Street, Colebrook, NH 03576.
Town of Columbia
Maps are available for inspection at the Town Hall, 1679 U.S. Route 3, Columbia, NH 03576.
Town of Dummer
Maps are available for inspection at the Town Office, 75 Hill Road, Dummer, NH 03588.
Town of Errol
Maps are available for inspection at the Selectmen's Office, 33 Main Street, Errol, NH 03579.
Town of Gorham
Maps are available for inspection at the Town Hall, 20 Park Street, Gorham, NH 03581.
Town of Milan
Maps are available for inspection at the Municipal Building, 20 Bridge Street, Milan, NH 03588.
Town of Shelburne
Maps are available for inspection at the Town Hall, 74 Village Road, Shelburne, NH 03581.
Town of Stewartstown
Maps are available for inspection at the Stewartstown Town Clerk's Office, 888 Washington Street, West Stewartstown, NH 03597.
Town of Stratford
Maps are available for inspection at the Town Hall, 10 Town Common Road, Stratford, NH 03590.
Unincorporated Areas of Coos County
Maps are available for inspection at the Coos County Commissioner's Office, 136 County Farm Road, West Stewartstown, NH 03597.
Edgecombe County, North Carolina, and Incorporated Areas
Cowlick Creek	At the Tar River confluence	+79	+78	City of Rocky Mount.
	At the Parkers Canal confluence	+80	+79
Tar River	Approximately 0.5 mile downstream of the Cowlick Creek confluence	+79	+78	City of Rocky Mount, Unincorporated Areas of Edgecombe County.
	Approximately 1,100 feet downstream of Atlantic Avenue	+82	+81
* 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 Rocky Mount
Maps are available for inspection at the Planning Department, 331 South Franklin Street, Rocky Mount, NC 27802.
Unincorporated Areas of Edgecombe County
Maps are available for inspection at the Edgecombe County Administration Building, 201 Saint Andrews Street, Tarboro, NC 27886.
Smith County, Texas, and Incorporated Areas
Black Fork Creek	Approximately 0.43 mile upstream of the Prairie Creek West confluence	None	+380	City of Tyler, Unincorporated Areas of Smith County.
	Approximately 0.71 mile upstream of East 5th Street	+530	+531
Tributary BF-1	At the Black Fork Creek confluence	+434	+436	City of Tyler, Unincorporated Areas of Smith County.
	Approximately 1.2 miles upstream of Loop 323	None	+476
Tributary BF-M-1	At the Black Fork Creek confluence	+495	+496	City of Tyler.
	Approximately 1,475 feet upstream of Devine Street	None	+523
Tributary D	At the Black Fork Creek confluence	+468	+469	City of Tyler.
	Approximately 1,150 feet upstream of Donnybrook Avenue	None	+541
Tributary D-1	At the Black Fork Creek Tributary D confluence	+477	+473	City of Tyler.
	Approximately 225 feet upstream of North Broadway Avenue	None	+511
Tributary D-2	At the Black Fork Creek Tributary D confluence	+488	+487	City of Tyler.
	Approximately 275 feet upstream of Center Street	None	+508
Tributary D-3	At the Black Fork Creek Tributary D confluence	+492	+488	City of Tyler.
	Approximately 850 feet upstream of East Houston Street	None	+512
Tributary D-4	At the Black Fork Creek Tributary D confluence	None	+527	City of Tyler.
	Approximately 125 feet upstream of 5th Street	None	+576
Tributary D-5	At the Black Fork Creek Tributary D confluence	None	+541	City of Tyler.
	Approximately 300 feet upstream of West 2nd Street	None	+571
Butler Creek	Approximately 340 feet upstream of FM 2661	None	+361	City of Tyler, Unincorporated Areas of Smith County.
	Approximately 640 feet upstream of State Route 155	None	+457
Gilley Creek	Approximately 310 feet downstream of FM 848	None	+379	City of Tyler, Unincorporated Areas of Smith County.
	Approximately 150 feet upstream of University Boulevard	None	+474
Tributary G-1	At the Gilley Creek confluence	None	+426	City of Tyler, Unincorporated Areas of Smith County.
	Approximately 1.14 miles upstream of County Road 2120	None	+478
Harris Creek	Approximately 300 feet upstream of the Ray Creek confluence	None	+329	Unincorporated Areas of Smith County.
	Approximately 3.37 miles upstream of State Route 31	None	+468
Henshaw Creek	At the West Mud Creek confluence	+381	+383	Unincorporated Areas of Smith County.
	Approximately 0.71 mile upstream of County Road 165	+475	+477
Indian Creek	Approximately 490 feet upstream of the Lake Palestine confluence	None	+349	City of Tyler, Unincorporated Areas of Smith County.
	Approximately 0.89 mile upstream of Loop 323	None	+496
Ray Creek	Approximately 0.37 mile upstream of the Harris Creek confluence	None	+332	Unincorporated Areas of Smith County.
	Approximately 525 feet upstream of Old Gladwater Highway	None	+436
Shackleford Creek	At the West Mud Creek confluence	+380	+383	City of Tyler, Unincorporated Areas of Smith County.
	Approximately 0.75 mile upstream of Paluxy Drive (FM 756)	None	+501
West Mud Creek	Approximately 200 feet upstream of FM 344 East	+360	+361	City of Tyler, Unincorporated Areas of Smith County.
	Approximately 210 feet upstream of Loop 323	None	+506
Tributary 11	At the West Mud Creek confluence	+417	+419	City of Tyler.
	Approximately 1,950 feet upstream of Woodlands Drive	None	+479
Tributary B	Approximately 125 feet upstream of the West Mud Creek confluence	+468	+467	City of Tyler.
	Approximately 470 feet upstream of Paluxy Drive	None	+505
Tributary M-1	At the West Mud Creek Tributary M-A confluence	+442	+444	City of Tyler.
	Approximately 0.54 mile upstream of North Star Boulevard	+487	+485
Tributary M-2	Approximately 425 feet upstream of the West Mud Creek confluence	+464	+463	City of Tyler.
	Approximately 1,510 feet upstream of Barbee Drive	+481	+469
Tributary M-A	Approximately 200 feet upstream of the West Mud Creek confluence	+445	+444	City of Tyler.
	Approximately 80 feet upstream of Woodland Hills Drive	None	+509
Tributary M-A.1	At the West Mud Creek Tributary M-A confluence	+472	+471	City of Tyler.
	Approximately 160 feet upstream of Charleston Drive	None	+493
Tributary M-A.2	At the West Mud Creek Tributary M-A confluence	None	+487	City of Tyler.
	Approximately 0.56 mile upstream of Loop 323	None	+532
Tributary M-C	Approximately 450 feet upstream of the West Mud Creek confluence	+478	+477	City of Tyler.
	Approximately 75 feet upstream of Azalea Drive	None	+531
Tributary M-C.1	Approximately 160 feet upstream of the West Mud Creek Tributary M-C confluence	+489	+488	City of Tyler.
	At the upstream side of Shannon Drive	None	+510
Tributary M-C.2	At the West Mud Creek Tributary M-C confluence	None	+502	City of Tyler.
	Approximately 1,225 feet upstream of Fair Lane	None	+524
Wiggins Creek	At the downstream side of the railroad	None	+327	Unincorporated Areas of Smith County.
	Approximately 0.83 mile upstream of Harris Creek Church Road	None	+373
Willow Creek	At the Black Fork Creek confluence	+419	+423	City of Tyler, Unincorporated Areas of Smith County.
	Approximately 375 feet upstream of West Front Street	None	+522
* 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 Tyler
Maps are available for inspection at the Development Services Office, 423 West Ferguson Street, Tyler, TX 75702.
Unincorporated Areas of Smith County
Maps are available for inspection at the Smith County Courthouse, 100 North Broadway Avenue, Tyler, TX 75702.

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

Dated: August 12, 2011.

Sandra K. Knight,

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