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Proposed Rule

Proposed Flood Elevation Determinations

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 notice 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.

 

Table of Contents Back to Top

DATES: Back to Top

Comments are to be submitted on or before January 31, 2011.

ADDRESSES: Back to Top

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-1148, to Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3461, or (e-mail) roy.e.wright@dhs.gov.

FOR FURTHER INFORMATION CONTACT: Back to Top

Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3461, or (e-mail) roy.e.wright@dhs.gov.

SUPPLEMENTARY INFORMATION: Back to Top

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 Back to Top

begin regulatory text

PART 67—[AMENDED] Back to Top

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
Indian River County, Florida, and Incorporated Areas        
Collier Creek Approximately 550 feet upstream of the confluence with South Prong Creek +4 +5 City of Sebastian, Unincorporated Areas of Indian River County.
Approximately 1,320 feet upstream of Fleming Street None +19  
FT-1 Within area of multiple ponding areas bounded by 17th Street Southwest to the north, 27th Avenue Southwest to the west, 21st Street Southwest to the south, and 20th Avenue Southwest to the east None +21 Unincorporated Areas of Indian River County.
Lateral J Tributary 1 At the confluence with Lateral J None +18 Unincorporated Areas of Indian River County.
Approximately 1,450 feet upstream of the confluence with Lateral J None +20  
Lateral J Tributary 1-1 Just upstream of 18th Place Southwest None +18 Unincorporated Areas of Indian River County.
Approximately 1,750 feet upstream of 18th Place Southwest None +20  
Lateral J Tributary 1-2 At the confluence with Lateral J Tributary 1 None +18 Unincorporated Areas of Indian River County.
Approximately 1.1 mile upstream of the confluence with Lateral J Tributary 1 None +22  
ML-1 Within area of multiple ponding areas bounded by 17th Street Southwest to the north, 43rd Avenue Southwest to the west, 25th Street Southwest to the south, and 27th Avenue Southwest to the east None +21 Unincorporated Areas of Indian River County.
ML-2 Within area of multiple ponding areas bounded by 17th Street Southwest to the north, 43rd Avenue Southwest to the west, 25th Street Southwest to the south, and 27th Avenue Southwest to the east None +22 Unincorporated Areas of Indian River County.
ML-3 Within area of multiple ponding areas bounded by 17th Street Southwest to the north, 43rd Avenue Southwest to the west, 25th Street Southwest to the south, and 27th Avenue Southwest to the east None +21 Unincorporated Areas of Indian River County.
ML-4 Within area of multiple ponding areas bounded by 17th Street Southwest to the north, 43rd Avenue Southwest to the west, 25th Street Southwest to the south, and 27th Avenue Southwest to the east None +21 Unincorporated Areas of Indian River County.
ML-5 Within area of multiple ponding areas bounded by 17th Street Southwest to the north, 43rd Avenue Southwest to the west, 25th Street Southwest to the south, and 27th Avenue Southwest to the east None +21 Unincorporated Areas of Indian River County.
ML-6 Within area of multiple ponding areas bounded by 17th Street Southwest to the north, 43rd Avenue Southwest to the west, 25th Street Southwest to the south, and 27th Avenue Southwest to the east None +20 Unincorporated Areas of Indian River County.
ML-7 Within area of multiple ponding areas bounded by 17th Street Southwest to the north, 43rd Avenue Southwest to the west, 25th Street Southwest to the south, and 27th Avenue Southwest to the east None +21 Unincorporated Areas of Indian River County.
ML-8 Within area of multiple ponding areas bounded by 17th Street Southwest to the north, 43rd Avenue Southwest to the west, 25th Street Southwest to the south, and 27th Avenue Southwest to the east None +20 Unincorporated Areas of Indian River County.
ML-9 Within area of multiple ponding areas bounded by 17th Street Southwest to the north, 43rd Avenue Southwest to the west, 25th Street Southwest to the south, and 27th Avenue Southwest to the east None +20 Unincorporated Areas of Indian River County.
ML-10 Within area of multiple ponding areas bounded by 17th Street Southwest to the north, 43rd Avenue Southwest to the west, 25th Street Southwest to the south, and 27th Avenue Southwest to the east None +20 Unincorporated Areas of Indian River County.
ML-11 Within area of multiple ponding areas bounded by 17th Street Southwest to the north, 43rd Avenue Southwest to the west, 25th Street Southwest to the south, and 27th Avenue Southwest to the east None +20 Unincorporated Areas of Indian River County.
ML-12 Within area of multiple ponding areas bounded by 17th Street Southwest to the north, 43rd Avenue Southwest to the west, 25th Street Southwest to the south, and 27th Avenue Southwest to the east None +20 Unincorporated Areas of Indian River County.
ML-13 Within area of multiple ponding areas bounded by 17th Street Southwest to the north, 43rd Avenue Southwest to the west, 25th Street Southwest to the south, and 27th Avenue Southwest to the east None +20 Unincorporated Areas of Indian River County.
ML-14 Within area of multiple ponding areas bounded by 17th Street Southwest to the north, 43rd Avenue Southwest to the west, 25th Street Southwest to the south, and 27th Avenue Southwest to the east None +21 Unincorporated Areas of Indian River County.
ML-15 Within area of multiple ponding areas bounded by 17th Street Southwest to the north, 43rd Avenue Southwest to the west, 25th Street Southwest to the south, and 27th Avenue Southwest to the east None +22 Unincorporated Areas of Indian River County.
ML-16 Within area of multiple ponding areas bounded by 17th Street Southwest to the north, 43rd Avenue Southwest to the west, 25th Street Southwest to the south, and 27th Avenue Southwest to the east None +20 Unincorporated Areas of Indian River County.
ML-17 Within area of multiple ponding areas bounded by 17th Street Southwest to the north, 43rd Avenue Southwest to the west, 25th Street Southwest to the south, and 27th Avenue Southwest to the east None +20 Unincorporated Areas of Indian River County.
ML-18 Within area of multiple ponding areas bounded by 17th Street Southwest to the north, 43rd Avenue Southwest to the west, 25th Street Southwest to the south, and 27th Avenue Southwest to the east None +20 Unincorporated Areas of Indian River County.
ML-19 Within area of multiple ponding areas bounded by 17th Street Southwest to the north, 43rd Avenue Southwest to the west, 25th Street Southwest to the south, and 27th Avenue Southwest to the east None +20 Unincorporated Areas of Indian River County.
ML-20 Within area of multiple ponding areas bounded by 17th Street Southwest to the north, 43rd Avenue Southwest to the west, 25th Street Southwest to the south, and 27th Avenue Southwest to the east None +20 Unincorporated Areas of Indian River County.
ML-21 Within area of multiple ponding areas bounded by 17th Street Southwest to the north, 43rd Avenue Southwest to the west, 25th Street Southwest to the south, and 27th Avenue Southwest to the east None +21 Unincorporated Areas of Indian River County.
ML-22 Within area of multiple ponding areas bounded by 17th Street Southwest to the north, 43rd Avenue Southwest to the west, 25th Street Southwest to the south, and 27th Avenue Southwest to the east None +21 Unincorporated Areas of Indian River County.
ML-23 Within area of multiple ponding areas bounded by 17th Street Southwest to the north, 43rd Avenue Southwest to the west, 25th Street Southwest to the south, and 27th Avenue Southwest to the east None +21 Unincorporated Areas of Indian River County.
ML-24 Within area of multiple ponding areas bounded by 17th Street Southwest to the north, 43rd Avenue Southwest to the west, 25th Street Southwest to the south, and 27th Avenue Southwest to the east None +20 Unincorporated Areas of Indian River County.
ML-25 Within area of multiple ponding areas bounded by 17th Street Southwest to the north, 43rd Avenue Southwest to the west, 25th Street Southwest to the south, and 27th Avenue Southwest to the east None +22 Unincorporated Areas of Indian River County.
ML-26 Within area of multiple ponding areas bounded by 17th Street Southwest to the north, 43rd Avenue Southwest to the west, 25th Street Southwest to the south, and 27th Avenue Southwest to the east None +20 Unincorporated Areas of Indian River County.
P-1 Within area of multiple ponding areas bounded by Barber Street to the north and west, 85th Street to the south, and U.S. Route 1 to the east None +19 City of Sebastian.
P-2 Within area of multiple ponding areas bounded by Barber Street to the north and west, 85th Street to the south, and U.S. Route 1 to the east None +18 City of Sebastian.
P-3 Within area of multiple ponding areas bounded by Barber Street to the north and west, 85th Street to the south, and U.S. Route 1 to the east None +18 City of Sebastian.
SH-1 Within area of multiple ponding areas bounded by Main Street to the north and west, and Sebastian Boulevard to the south and east None +22 City of Sebastian.
SH-2 Within area of multiple ponding areas bounded by Main Street to the north and west, and Sebastian Boulevard to the south and east None +22 City of Sebastian.
SH-3 Within area of multiple ponding areas bounded by Main Street to the north and west, and Sebastian Boulevard to the south and east None +22 City of Sebastian.
SH-4 Within area of multiple ponding areas bounded by Main Street to the north and west, and Sebastian Boulevard to the south and east None +22 City of Sebastian.
SH-5 Within area of multiple ponding areas bounded by Main Street to the north and west, and Sebastian Boulevard to the south and east None +22 City of Sebastian.
SH-6 Within area of multiple ponding areas bounded by Main Street to the north and west, and Sebastian Boulevard to the south and east None +22 City of Sebastian.
SH-7 Within area of multiple ponding areas bounded by Main Street to the north and west, and Sebastian Boulevard to the south and east None +22 City of Sebastian.
SH-8 Within area of multiple ponding areas bounded by Main Street to the north and west, and Sebastian Boulevard to the south and east None +21 City of Sebastian.
SH-9 Within area of multiple ponding areas bounded by Main Street to the north and west, and Sebastian Boulevard to the south and east None +21 City of Sebastian.
SH-10 Within area of multiple ponding areas bounded by Main Street to the north and west, and Sebastian Boulevard to the south and east None +20 City of Sebastian.
SH-11 Within area of multiple ponding areas bounded by Main Street to the north and west, and Sebastian Boulevard to the south and east None +21 City of Sebastian.
SH-12 Within area of multiple ponding areas bounded by Main Street to the north and west, and Sebastian Boulevard to the south and east None +22 City of Sebastian.
SH-13 Within area of multiple ponding areas bounded by Main Street to the north and west, and Sebastian Boulevard to the south and east None +23 City of Sebastian.
SL-1 Within area of multiple ponding areas bounded by Sebastian Boulevard to the north and west, Genesee Avenue to the south, and Laconia Street to the east None +21 City of Sebastian.
SL-5 Within area of multiple ponding areas bounded by Sebastian Boulevard to the north and west, Genesee Avenue to the south, and Laconia Street to the east None +20 City of Sebastian.
SL-6 Within area of multiple ponding areas bounded by Sebastian Boulevard to the north and west, Genesee Avenue to the south, and Laconia Street to the east None +20 City of Sebastian.
SL-7 Within area of multiple ponding areas bounded by Sebastian Boulevard to the north and west, Genesee Avenue to the south, and Laconia Street to the east None +20 City of Sebastian.
SL-8 Within area of multiple ponding areas bounded by Sebastian Boulevard to the north and west, Genesee Avenue to the south, and Laconia Street to the east None +21 City of Sebastian.
SL-9 Within area of multiple ponding areas bounded by Sebastian Boulevard to the north and west, Genesee Avenue to the south, and Laconia Street to the east None +20 City of Sebastian.
SL-10 Within area of multiple ponding areas bounded by Sebastian Boulevard to the north and west, Genesee Avenue to the south, and Laconia Street to the east None +20 City of Sebastian.
SL-11 Within area of multiple ponding areas bounded by Sebastian Boulevard to the north and west, Genesee Avenue to the south, and Laconia Street to the east None +20 City of Sebastian.
SL-12 Within area of multiple ponding areas bounded by Sebastian Boulevard to the north and west, Genesee Avenue to the south, and Laconia Street to the east None +21 City of Sebastian.
SL-13 Within area of multiple ponding areas bounded by Sebastian Boulevard to the north and west, Genesee Avenue to the south, and Laconia Street to the east None +20 City of Sebastian.
SL-14 Within area of multiple ponding areas bounded by Sebastian Boulevard to the north and west, Genesee Avenue to the south, and Laconia Street to the east None +20 City of Sebastian.
SL-15 Within area of multiple ponding areas bounded by Sebastian Boulevard to the north and west, Genesee Avenue to the south, and Laconia Street to the east None +20 City of Sebastian.
SL-16 Within area of multiple ponding areas bounded by Genesee Avenue to the north, Stony Point Drive to the west, and Stonecrop Street to the south and east None +14 City of Sebastian.
SL-17 Within area of multiple ponding areas bounded by Crystal Mist Avenue to the north, Laconia Street to the west, Concha Drive to the south, and Clearbrook Street to the east None +15 City of Sebastian.
SL-18 Within area of multiple ponding areas bounded by Benedictine Terrace to the north, Cheltenham Street to the west, Rolling Hill Drive to the south, and Cownie Lane to the east None +19 City of Sebastian.
SL-19 Within area of multiple ponding areas bounded by Belfast Terrace to the north, Haverford Lane to the west, Browning Terrace to the south, and Coverbrook Lane to the east None +20 City of Sebastian.
Schumann Waterway Approximately 250 feet downstream of Schumann Drive None +15 City of Sebastian, Unincorporated Areas of Indian River County.
Approximately 0.7 mile upstream of Schumann Drive None +23  
Stream 1 Approximately 207 feet upstream of 14th Street Southwest None +22 Unincorporated Areas of Indian River County.
Just upstream of 17th Street Southwest None +22  
Vero Lakes Channel A (Landward of Right Levee) Just upstream of 85th Street None +20 Unincorporated Areas of Indian River County.
Approximately 2.7 miles upstream of 85th Street None +23  
* 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 Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.        
ADDRESSES        
City of Sebastian        
Maps are available for inspection at City Hall, 1225 Main Street, Sebastian, FL 32958.        
Unincorporated Areas of Indian River County        
Maps are available for inspection at the Indian River County Administration Building, 1840 25th Street, Vero Beach, FL 32960.        
Boone County, Indiana, and Incorporated Areas        
Etter Ditch Approximately 530 feet downstream of Wilson Road None +914 Town of Whitestown, Unincorporated Areas of Boone County.
Just upstream of Indianapolis Road None +928  
Fishback Creek Approximately 0.53 mile downstream of County Road 550 South None +897 City of Lebanon, Town of Whitestown, Unincorporated Areas of Boone County.
Approximately 0.61 mile upstream of County Road 400 East None +949  
Green Ditch At the confluence with Etter Ditch None +916 Town of Whitestown.
Just upstream of South Cozy Lane None +922  
Mann Ditch At the confluence with Prairie Creek +935 +932 City of Lebanon, Unincorporated Areas of Boone County.
Approximately 0.46 mile upstream of the confluence with Prairie Creek +935 +933  
Prairie Creek Approximately 1,320 feet downstream of 221st Street None +875 City of Lebanon, Unincorporated Areas of Boone County.
Approximately 0.94 mile upstream of Indianapolis Road +950 +945  
White Lick Creek Approximately 0.22 mile downstream of County Road 650 South None +929 Town of Whitestown, Unincorporated Areas of Boone County.
Approximately 0.53 mile upstream of State Road 267 None +947  
* 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 Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.        
ADDRESSES        
City of Lebanon        
Maps are available for inspection at the Lebanon Municipal Building, 401 South Meridian Street, Lebanon, IN 46052.        
Town of Whitestown        
Maps are available for inspection at the Town Hall, 3 South Main Street, Whitestown, IN 46075.        
Unincorporated Areas of Boone County        
Maps are available for inspection at the Boone County Area Plan Commission, 116 West Washington Street, Lebanon, IN 46052.        
Marshall County, Indiana, and Incorporated Areas        
Yellow River At East 4th Road None +800 Unincorporated Areas of Marshall County.
Approximately 0.57 mile upstream of East 4th Road None +800  
* 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 Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.        
ADDRESSES        
Unincorporated Areas of Marshall County        
Maps are available for inspection at the Marshall County Government Office, 112 West Jefferson Street, Plymouth, IN 46563.        
Perry County, Mississippi, and Incorporated Areas        
Leaf River Approximately 0.6 mile downstream of State Highway 15 None +89 Unincorporated Areas of Perry County.
Approximately 0.5 mile upstream of State Highway 15 None +91  
* 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 Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.        
ADDRESSES        
Unincorporated Areas of Perry County        
Maps are available for inspection at the Perry County Courthouse, 103 1st Street, New Augusta, MS 39462.        

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

Dated: October 15, 2010.

Sandra K. Knight,

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

end regulatory text

[FR Doc. 2010-27584 Filed 11-1-10; 8:45 am]

BILLING CODE 9110-12-P

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