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Proposed Rule

Proposed Flood Elevation Determinations

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Start Preamble

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 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.

DATES:

Comments are to be submitted on or before January 31, 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.Start Printed Page 67311

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.

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FOR FURTHER INFORMATION CONTACT:

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.

End Further Info End Preamble Start Supplemental Information

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.

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List of Subjects in 44 CFR Part 67

End List of Subjects

Accordingly, 44 CFR part 67 is proposed to be amended as follows:

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PART 67—[AMENDED]

1. The authority citation for part 67 continues to read as follows:

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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.

End Authority
[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
EffectiveModified
Indian River County, Florida, and Incorporated Areas
Collier CreekApproximately 550 feet upstream of the confluence with South Prong Creek+4+5City of Sebastian, Unincorporated Areas of Indian River County.
Approximately 1,320 feet upstream of Fleming StreetNone+19
FT-1Within 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 eastNone+21Unincorporated Areas of Indian River County.
Lateral J Tributary 1At the confluence with Lateral JNone+18Unincorporated Areas of Indian River County.
Approximately 1,450 feet upstream of the confluence with Lateral JNone+20
Lateral J Tributary 1-1Just upstream of 18th Place SouthwestNone+18Unincorporated Areas of Indian River County.
Approximately 1,750 feet upstream of 18th Place SouthwestNone+20
Lateral J Tributary 1-2At the confluence with Lateral J Tributary 1None+18Unincorporated Areas of Indian River County.
Approximately 1.1 mile upstream of the confluence with Lateral J Tributary 1None+22
ML-1Within 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 eastNone+21Unincorporated Areas of Indian River County.
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ML-2Within 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 eastNone+22Unincorporated Areas of Indian River County.
ML-3Within 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 eastNone+21Unincorporated Areas of Indian River County.
ML-4Within 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 eastNone+21Unincorporated Areas of Indian River County.
ML-5Within 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 eastNone+21Unincorporated Areas of Indian River County.
ML-6Within 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 eastNone+20Unincorporated Areas of Indian River County.
ML-7Within 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 eastNone+21Unincorporated Areas of Indian River County.
ML-8Within 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 eastNone+20Unincorporated Areas of Indian River County.
ML-9Within 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 eastNone+20Unincorporated Areas of Indian River County.
ML-10Within 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 eastNone+20Unincorporated Areas of Indian River County.
ML-11Within 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 eastNone+20Unincorporated Areas of Indian River County.
ML-12Within 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 eastNone+20Unincorporated Areas of Indian River County.
ML-13Within 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 eastNone+20Unincorporated Areas of Indian River County.
ML-14Within 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 eastNone+21Unincorporated Areas of Indian River County.
ML-15Within 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 eastNone+22Unincorporated Areas of Indian River County.
ML-16Within 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 eastNone+20Unincorporated Areas of Indian River County.
ML-17Within 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 eastNone+20Unincorporated Areas of Indian River County.
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ML-18Within 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 eastNone+20Unincorporated Areas of Indian River County.
ML-19Within 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 eastNone+20Unincorporated Areas of Indian River County.
ML-20Within 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 eastNone+20Unincorporated Areas of Indian River County.
ML-21Within 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 eastNone+21Unincorporated Areas of Indian River County.
ML-22Within 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 eastNone+21Unincorporated Areas of Indian River County.
ML-23Within 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 eastNone+21Unincorporated Areas of Indian River County.
ML-24Within 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 eastNone+20Unincorporated Areas of Indian River County.
ML-25Within 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 eastNone+22Unincorporated Areas of Indian River County.
ML-26Within 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 eastNone+20Unincorporated Areas of Indian River County.
P-1Within 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 eastNone+19City of Sebastian.
P-2Within 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 eastNone+18City of Sebastian.
P-3Within 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 eastNone+18City of Sebastian.
SH-1Within area of multiple ponding areas bounded by Main Street to the north and west, and Sebastian Boulevard to the south and eastNone+22City of Sebastian.
SH-2Within area of multiple ponding areas bounded by Main Street to the north and west, and Sebastian Boulevard to the south and eastNone+22City of Sebastian.
SH-3Within area of multiple ponding areas bounded by Main Street to the north and west, and Sebastian Boulevard to the south and eastNone+22City of Sebastian.
SH-4Within area of multiple ponding areas bounded by Main Street to the north and west, and Sebastian Boulevard to the south and eastNone+22City of Sebastian.
SH-5Within area of multiple ponding areas bounded by Main Street to the north and west, and Sebastian Boulevard to the south and eastNone+22City of Sebastian.
SH-6Within area of multiple ponding areas bounded by Main Street to the north and west, and Sebastian Boulevard to the south and eastNone+22City of Sebastian.
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SH-7Within area of multiple ponding areas bounded by Main Street to the north and west, and Sebastian Boulevard to the south and eastNone+22City of Sebastian.
SH-8Within area of multiple ponding areas bounded by Main Street to the north and west, and Sebastian Boulevard to the south and eastNone+21City of Sebastian.
SH-9Within area of multiple ponding areas bounded by Main Street to the north and west, and Sebastian Boulevard to the south and eastNone+21City of Sebastian.
SH-10Within area of multiple ponding areas bounded by Main Street to the north and west, and Sebastian Boulevard to the south and eastNone+20City of Sebastian.
SH-11Within area of multiple ponding areas bounded by Main Street to the north and west, and Sebastian Boulevard to the south and eastNone+21City of Sebastian.
SH-12Within area of multiple ponding areas bounded by Main Street to the north and west, and Sebastian Boulevard to the south and eastNone+22City of Sebastian.
SH-13Within area of multiple ponding areas bounded by Main Street to the north and west, and Sebastian Boulevard to the south and eastNone+23City of Sebastian.
SL-1Within area of multiple ponding areas bounded by Sebastian Boulevard to the north and west, Genesee Avenue to the south, and Laconia Street to the eastNone+21City of Sebastian.
SL-5Within area of multiple ponding areas bounded by Sebastian Boulevard to the north and west, Genesee Avenue to the south, and Laconia Street to the eastNone+20City of Sebastian.
SL-6Within area of multiple ponding areas bounded by Sebastian Boulevard to the north and west, Genesee Avenue to the south, and Laconia Street to the eastNone+20City of Sebastian.
SL-7Within area of multiple ponding areas bounded by Sebastian Boulevard to the north and west, Genesee Avenue to the south, and Laconia Street to the eastNone+20City of Sebastian.
SL-8Within area of multiple ponding areas bounded by Sebastian Boulevard to the north and west, Genesee Avenue to the south, and Laconia Street to the eastNone+21City of Sebastian.
SL-9Within area of multiple ponding areas bounded by Sebastian Boulevard to the north and west, Genesee Avenue to the south, and Laconia Street to the eastNone+20City of Sebastian.
SL-10Within area of multiple ponding areas bounded by Sebastian Boulevard to the north and west, Genesee Avenue to the south, and Laconia Street to the eastNone+20City of Sebastian.
SL-11Within area of multiple ponding areas bounded by Sebastian Boulevard to the north and west, Genesee Avenue to the south, and Laconia Street to the eastNone+20City of Sebastian.
SL-12Within area of multiple ponding areas bounded by Sebastian Boulevard to the north and west, Genesee Avenue to the south, and Laconia Street to the eastNone+21City of Sebastian.
SL-13Within area of multiple ponding areas bounded by Sebastian Boulevard to the north and west, Genesee Avenue to the south, and Laconia Street to the eastNone+20City of Sebastian.
SL-14Within area of multiple ponding areas bounded by Sebastian Boulevard to the north and west, Genesee Avenue to the south, and Laconia Street to the eastNone+20City of Sebastian.
SL-15Within area of multiple ponding areas bounded by Sebastian Boulevard to the north and west, Genesee Avenue to the south, and Laconia Street to the eastNone+20City of Sebastian.
SL-16Within 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 eastNone+14City of Sebastian.
SL-17Within 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 eastNone+15City of Sebastian.
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SL-18Within 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 eastNone+19City of Sebastian.
SL-19Within 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 eastNone+20City of Sebastian.
Schumann WaterwayApproximately 250 feet downstream of Schumann DriveNone+15City of Sebastian, Unincorporated Areas of Indian River County.
Approximately 0.7 mile upstream of Schumann DriveNone+23
Stream 1Approximately 207 feet upstream of 14th Street SouthwestNone+22Unincorporated Areas of Indian River County.
Just upstream of 17th Street SouthwestNone+22
Vero Lakes Channel A (Landward of Right Levee)Just upstream of 85th StreetNone+20Unincorporated Areas of Indian River County.
Approximately 2.7 miles upstream of 85th StreetNone+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 DitchApproximately 530 feet downstream of Wilson RoadNone+914Town of Whitestown, Unincorporated Areas of Boone County.
Just upstream of Indianapolis RoadNone+928
Fishback CreekApproximately 0.53 mile downstream of County Road 550 SouthNone+897City of Lebanon, Town of Whitestown, Unincorporated Areas of Boone County.
Approximately 0.61 mile upstream of County Road 400 EastNone+949
Green DitchAt the confluence with Etter DitchNone+916Town of Whitestown.
Just upstream of South Cozy LaneNone+922
Mann DitchAt the confluence with Prairie Creek+935+932City of Lebanon, Unincorporated Areas of Boone County.
Approximately 0.46 mile upstream of the confluence with Prairie Creek+935+933
Prairie CreekApproximately 1,320 feet downstream of 221st StreetNone+875City of Lebanon, Unincorporated Areas of Boone County.
Approximately 0.94 mile upstream of Indianapolis Road+950+945
White Lick CreekApproximately 0.22 mile downstream of County Road 650 SouthNone+929Town of Whitestown, Unincorporated Areas of Boone County.
Approximately 0.53 mile upstream of State Road 267None+947
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
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# 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 RiverAt East 4th RoadNone+800Unincorporated Areas of Marshall County.
Approximately 0.57 mile upstream of East 4th RoadNone+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 RiverApproximately 0.6 mile downstream of State Highway 15None+89Unincorporated Areas of Perry County.
Approximately 0.5 mile upstream of State Highway 15None+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.
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(Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)

Start Signature

Dated: October 15, 2010.

Sandra K. Knight,

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

End Signature End Part End Supplemental Information

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

BILLING CODE 9110-12-P