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Proposed Rule

Proposed Flood Elevation Determinations

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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 Start Printed Page 20607listed 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 July 12, 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-1188, to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-4064, or (e-mail) luis.rodriguez1@dhs.gov.

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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, (202) 646-4064, or (e-mail) luis.rodriguez1@dhs.gov.

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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

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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.

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[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
Sevier County, Utah, and Incorporated Areas
Albinus CanyonApproximately 400 feet downstream of Old U.S. Highway 89None+5343Unincorporated Areas of Sevier County.
Approximately 500 feet upstream of I-70None+5445
East Koosharem CreekApproximately 1,800 feet downstream of West 200 South StreetNone+6870Town of Koosharem, Unincorporated Areas of Sevier County.
Approximately 500 feet upstream of North 300 West StreetNone+6975
Indian CreekApproximately 500 feet downstream of East 300 North StreetNone+5416Town of Joseph.
At the downstream side of I-70None+5504
Indian Creek Split FlowApproximately 400 feet downstream of State Highway 118None+5435Town of Joseph.
At the Indian Creek divergenceNone+5485
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Koosharem CreekApproximately 1,700 feet downstream of West 200 South StreetNone+6878Town of Koosharem, Unincorporated Areas of Sevier County.
Approximately 0.4 mile upstream of West 200 North StreetNone+7037
North Koosharem CreekApproximately 700 feet downstream of North 200 East StreetNone+6893Town of Koosharem, Unincorporated Areas of Sevier County.
Approximately 1,800 feet upstream of North 300 West StreetNone+7033
* 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 Joseph
Maps are available for inspection at 25 East 100 North Street, Joseph, UT 84739.
Town of Koosharem
Maps are available for inspection at 45 North Main Street, Koosharem, UT 84744.
Unincorporated Areas of Sevier County
Maps are available for inspection at 250 North Main Street, Richfield, UT 84701.
Yakima County, Washington, and Incorporated Areas
Cottonwood CreekApproximately 970 feet downstream of Dazet RoadNone+1244Unincorporated Areas of Yakima County.
Approximately 2.08 miles upstream of Hubbard RoadNone+1831
Cottonwood Creek Left Bank Overflow DownstreamAt the Cottonwood Creek confluenceNone+1293Unincorporated Areas of Yakima County.
At the Cottonwood Creek divergenceNone+1323
Cottonwood Creek Left Bank Overflow UpstreamApproximately 0.26 mile downstream of Canyon RoadNone+1406Unincorporated Areas of Yakima County.
Approximately 0.64 mile upstream of Canyon RoadNone+1475
Cottonwood Creek Tributary 1At the Cottonwood Creek confluenceNone+1613Unincorporated Areas of Yakima County.
Approximately 0.53 mile upstream of Cottonwood Canyon RoadNone+1668
Secondary Tributary to Wide Hollow Tributary 2At the Tributary to Wide Hollow Creek Tributary 2 confluenceNone+1519Unincorporated Areas of Yakima County.
Approximately 0.36 mile upstream of the Tributary to Wide Hollow Creek Tributary 2 confluenceNone+1569
Shaw CreekAt the Wide Hollow Creek confluenceNone+1179City of Yakima, Unincorporated Areas of Yakima County.
Approximately 160 feet upstream of Summitview RoadNone+1438
Shaw Creek—Wide Hollow Creek OverflowAt the Wide Hollow Creek confluenceNone+1152City of Yakima.
Approximately 0.27 mile upstream of Westbrook LoopNone+1182
Shaw Creek—Wide Hollow Creek Walmart Overflow 1At the Wide Hollow Creek confluenceNone+1151City of Yakima.
Approximately 1,307 feet upstream of South 64th AvenueNone+1158
Shaw Creek—Wide Hollow Creek Walmart Overflow 2At the Wide Hollow Creek confluenceNone+1149City of Yakima.
Approximately 1,236 feet upstream of South 64th AvenueNone+1160
Shaw Creek Ditch 1At the Shaw Creek confluenceNone+1431Unincorporated Areas of Yakima County.
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Approximately 170 feet downstream of North 112th AvenueNone+1435
Shaw Creek Left Bank OverflowAt the Shaw Creek confluenceNone+1252Unincorporated Areas of Yakima County.
At the Shaw Creek divergenceNone+1270
Shaw Creek North Pear OverflowAt the Shaw Creek confluenceNone+1235City of Yakima, Unincorporated Areas of Yakima County.
Approximately 560 feet upstream of Orchard AvenueNone+1284
Shaw Creek OverflowAt the Shaw Creek confluenceNone+1187City of Yakima, Unincorporated Areas of Yakima County.
Approximately 0.3 mile upstream of South 91st AvenueNone+1222
Shaw Creek Overflow SouthAt the Shaw Creek confluenceNone+1182City of Yakima, Unincorporated Areas of Yakima County.
Approximately 0.32 mile upstream of South 88th AvenueNone+1215
Shaw Creek TributaryAt the Shaw Creek confluenceNone+1230Unincorporated Areas of Yakima County.
Approximately 160 feet downstream of South Mize RoadNone+1407
Tributary to Wide Hollow Creek Tributary 2At the Wide Hollow Creek Tributary 2 confluenceNone+1470Unincorporated Areas of Yakima County.
Approximately 0.42 mile upstream of Lynch RoadNone+1566
Wide Hollow CreekAt the Yakima River confluence+959+958City of Union Gap, City of Yakima, Unincorporated Areas of Yakima County.
Approximately 1.08 miles upstream of Stone RoadNone+1733
Wide Hollow Creek Mill Weir OverflowAt the Wide Hollow Creek confluenceNone+958City of Union Gap.
At the Wide Hollow Creek divergenceNone+964
Wide Hollow Creek Right Bank Overflow 1At the Wide Hollow Creek confluenceNone+1413Unincorporated Areas of Yakima County.
Approximately 0.32 mile upstream of Wide Hollow RoadNone+1450
Wide Hollow Creek Tributary 1At the Wide Hollow Creek confluenceNone+1482Unincorporated Areas of Yakima County.
Approximately 1.08 miles upstream of Cook RoadNone+1712
Wide Hollow Creek Tributary 1 Midflow SplitAt the Wide Hollow Creek Tributary 1 confluenceNone+1647Unincorporated Areas of Yakima County.
At the Wide Hollow Creek Tributary 1 divergenceNone+1660
Wide Hollow Creek Tributary 1 Left Bank OverflowApproximately 300 feet downstream of Stone RoadNone+1470Unincorporated Areas of Yakima County.
Approximately 0.7 mile upstream of Hollow Creek LaneNone+1545
Wide Hollow Creek Tributary 2At the Wide Hollow Creek confluenceNone+1450Unincorporated Areas of Yakima County.
Approximately 0.45 mile upstream of Tieton DriveNone+1594
Wide Hollow Structure 116 BypassAt the Wide Hollow Creek confluenceNone+1370Unincorporated Areas of Yakima County.
At the Wide Hollow Creek divergenceNone+1378
Wide Hollow Structure 125 BypassAt the Wide Hollow Creek confluenceNone+1430Unincorporated Areas of Yakima County.
At the upstream side of Wide Hollow RoadNone+1438
Wide Hollow Structure 21 BypassAt the Ahtanum Creek confluenceNone+953City of Union Gap, Unincorporated Areas of Yakima County.
At the Wide Hollow Creek divergenceNone+975
Wide Hollow Structure 36 BypassAt the Wide Hollow Creek confluenceNone+1012City of Union Gap.
At the Wide Hollow Creek divergenceNone+1016
Wide Hollow Structure 47 BypassAt the Wide Hollow Creek confluenceNone+1045City of Union Gap.
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At the Wide Hollow Creek divergenceNone+1050
Wide Hollow Structure 86 BypassAt the Wide Hollow Creek confluenceNone+1203Unincorporated Areas of Yakima County.
At the Wide Hollow Creek divergenceNone+1217
Wide Hollow Structure 99 BypassAt the Wide Hollow Creek confluenceNone+1264Unincorporated Areas of Yakima County.
At the Wide Hollow Creek divergenceNone+1280
* 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 Union Gap
Maps are available for inspection at 102 West Ahtanum Road, Union Gap, WA 98903.
City of Yakima
Maps are available for inspection at 129 North 2nd Street, Yakima, WA 98901.
Unincorporated Areas of Yakima County
Maps are available for inspection at 128 North 2nd Street, Yakima, WA 98901.
Wirt County, West Virginia, and Incorporated Areas
Daley RunApproximately 1,400 feet downstream of County Route 14/1None+610Unincorporated Areas of Wirt County.
Approximately 500 feet downstream of County Route 14/1None+610
Little Kanawha RiverApproximately 1.8 miles downstream of the Hughes River confluenceNone+610Unincorporated Areas of Wirt County.
Approximately 4.2 miles downstream of the Hughes River confluenceNone+610
Approximately 1.4 miles downstream of State Route 5None+623
Approximately 650 feet downstream of State Route 5None+625
Tucker CreekAt the Little Kanawha River confluenceNone+623Unincorporated Areas of Wirt County.
Approximately 1.1 miles upstream of the Little Kanawha River confluenceNone+623
* 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 Wirt County
Maps are available for inspection at the Wirt County Courthouse, Corner Court of Washington Street, Elizabeth, WV 26143.
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(Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)

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Dated: March 30, 2011.

Sandra K. Knight,

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

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[FR Doc. 2011-8852 Filed 4-12-11; 8:45 am]

BILLING CODE 9110-12-P