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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 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 September 19, 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-1197, 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.

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 Start Printed Page 36045Act, 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
Kane County, Illinois, and Incorporated Areas
Big Rock CreekApproximately 1.68 miles downstream of Jericho Road (at the Kendall County boundary)None+648Unincorporated Areas of Kane County, Village of Big Rock.
Approximately 1.0 mile upstream of Price Road (at the West Branch Big Rock Creek and East Branch Big Rock Creek confluence)None+689
Duffin DrainAt the Sugar Grove Branch confluenceNone+678Unincorporated Areas of Kane County, Village of Big Rock, Village of Sugar Grove.
At the downstream side of Wheeler RoadNone+702
East Branch Big Rock CreekAt the Big Rock Creek confluenceNone+689Unincorporated Areas of Kane County, Village of Big Rock.
At the Malgren Drain confluenceNone+709
East Branch Big Rock CreekAt the upstream side of Owens RoadNone+779Unincorporated Areas of Kane County.
At the East Branch Big Rock Creek Tributary 2 confluenceNone+810
East Branch Big Rock Creek Tributary 2At the East Branch Big Rock Creek confluenceNone+810Unincorporated Areas of Kane County.
Approximately 0.47 miles upstream of Keslinger RoadNone+846
Malgren DrainAt the East Branch Big Rock Creek confluenceNone+709Unincorporated Areas of Kane County, Village of Big Rock.
At the downstream side of Swan RoadNone+741
Sugar Grove BranchAt the Welch Creek confluenceNone+677Unincorporated Areas of Kane County.
Approximately 1,150 feet downstream of Fay's LaneNone+680
Welch CreekAt the Big Rock Creek confluenceNone+665Unincorporated Areas of Kane County, Village of Big Rock, Village of Sugar Grove.
At the downstream side of Keslinger RoadNone+813
West Branch Big Rock CreekAt the Big Rock Creek confluenceNone+689Unincorporated Areas of Kane County.
At the downstream side of U.S. Route 30None+720
* 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 Kane County
Maps are available for inspection at the Kane County Government Center, Building A, 719 Batavia Avenue, Geneva, IL 60134.
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Village of Big Rock
Maps are available for inspection at the Village Hall, 408 Rhodes Street, Big Rock, IL 60511.
Village of Sugar Grove
Maps are available for inspection at the Village Hall, 10 Municipal Drive, Sugar Grove, IL 60554.
Osceola County, Michigan (All Jurisdictions)
Hersey RiverApproximately 125 feet upstream of the Muskegon River confluence+960+961Township of Hersey, Village of Hersey.
Approximately 750 feet upstream of the Muskegon River confluence+960+961
Muskegon RiverApproximately 1,500 feet downstream of 4th StreetNone+959Township of Hersey.
Approximately 1,565 feet upstream of 4th StreetNone+962
Muskegon RiverAt the upstream side of Main StreetNone+992Township of Evart.
Approximately 0.4 miles upstream of Main StreetNone+993
* 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 Evart
Maps are available for inspection at the Township Hall, 327 South Main Street, Evart, MI 49631.
Township of Hersey
Maps are available for inspection at the Township Hall, 108 South Main Street, Hersey, MI 49639.
Village of Hersey
Maps are available for inspection at the Hersey Township Hall, 108 South Main Street, Hersey, MI 49639.
Laurens County, South Carolina, and Incorporated Areas
Beards CreekApproximately 170 feet downstream of Little Acres RoadNone+447City of Clinton, Unincorporated Areas of Laurens County.
Approximately 490 feet upstream of Brook RoadNone+564
Burnt Mill CreekAt the Little River confluenceNone+501Unincorporated Areas of Laurens County.
Approximately 1,750 feet upstream of State Route 127None+558
Burnt Mill Creek Tributary 16At the Burnt Mill Creek confluenceNone+583City of Laurens, Unincorporated Areas of Laurens County.
Approximately 1.0 mile upstream of the Burnt Mill Creek confluenceNone+658
Burnt Mill Creek Tributary 21At the Burnt Mill Creek confluenceNone+586Unincorporated Areas of Laurens County.
Approximately 1,735 feet upstream of Strickland AvenueNone+620
Burnt Mill Creek Tributary 5Approximately 0.5 mile downstream of Roper RoadNone+514Unincorporated Areas of Laurens County.
Approximately 1.9 miles upstream of Roper RoadNone+596
Burnt Mill Creek Tributary 9At the Burnt Mill Creek confluenceNone+530Unincorporated Areas of Laurens County.
Approximately 1.4 miles upstream of Easy RoadNone+637
Burnt Mill Creek Tributary 9.2.2At the Burnt Mill Creek Tributary 9 confluenceNone+582Unincorporated Areas of Laurens County.
Approximately 1.0 mile upstream of the Burnt Mill Creek Tributary 9 confluenceNone+632
Bush RiverAt the downstream side of State Route 560None+509City of Clinton, Unincorporated Areas of Laurens County.
Approximately 1.9 miles upstream of State Route 72None+629
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Cane CreekApproximately 2.2 miles downstream of State Route 72None+442Unincorporated Areas of Laurens County.
Approximately 3.8 miles upstream of Harris Springs RoadNone+529
Lake GreenwoodEntire shoreline within communityNone+442Unincorporated Areas of Laurens County.
Little RiverApproximately 1,075 feet upstream of Holmes Bridge RoadNone+496City of Laurens, Unincorporated Areas of Laurens County.
Approximately 1.0 mile upstream of Ghost Creek RoadNone+606
Little River Tributary 1At the Little River confluence+545+542Unincorporated Areas of Laurens County.
Approximately 1,850 feet upstream of the Little River confluence+545+544
Little River Tributary 2At the Little River confluence+555+551City of Laurens.
Approximately 495 feet upstream of River Street+555+554
Little River Tributary 25At the Little River confluenceNone+508Unincorporated Areas of Laurens County.
Approximately 1.0 mile upstream of the Little River confluenceNone+537
Little River Tributary 28At the Little River confluenceNone+519Unincorporated Areas of Laurens County.
Approximately 0.8 mile upstream of the Little River confluenceNone+540
Little River Tributary 3At the Little River confluence+568+563City of Laurens.
Approximately 0.5 mile upstream of the Little River confluence+568+567
Little River Tributary 31At the Little River confluenceNone+530Unincorporated Areas of Laurens County.
Approximately 0.8 mile upstream of East Jerry RoadNone+547
Little River Tributary 37At the Little River confluenceNone+544City of Laurens.
Approximately 1,190 feet upstream of East Farley AvenueNone+609
Reedy Fork CreekAt the Little River confluence+565+558City of Laurens.
Approximately 715 feet downstream of Anderson Drive+571+570
Saluda RiverApproximately 3.9 miles downstream of U.S. Route 25None+448Unincorporated Areas of Laurens County.
Approximately 230 feet upstream of U.S. Business Route 25None+531
Scout BranchApproximately 310 feet upstream of Pamela LaneNone+641City of Laurens.
Approximately 0.6 mile upstream of Pamela LaneNone+670
Shell CreekApproximately 1,330 feet upstream of the Bush River confluenceNone+541City of Clinton, Unincorporated Areas of Laurens County.
Approximately 1,060 feet upstream of Springdale DriveNone+607
South Durbin CreekApproximately 1,500 feet downstream of Boyd StreetNone+743Unincorporated Areas of Laurens County.
Approximately 675 feet downstream of Boyd StreetNone+749
* 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 Clinton
Maps are available for inspection at City Hall, 211 North Broad Street, Clinton, SC 29325.
City of Laurens
Maps are available for inspection at City Hall, 126 East Public Square, Laurens, SC 29360.
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Unincorporated Areas of Laurens County
Maps are available for inspection at the Laurens County Courthouse, 3 Catherine Street, Laurens, SC 29360.
Pennington County, South Dakota, and Incorporated Areas
Arrowhead CreekAt the Rapid Creek confluence+3317+3318City of Rapid City.
Approximately 408 feet upstream of Summerset DriveNone+3490
Box Elder Creek through Box ElderApproximately 0.8 mile downstream of 151st AvenueNone+2994City of Box Elder, Unincorporated Areas of Pennington County.
At the downstream side of 146th Avenue (Bennett Road)None+3085
Box Elder Creek through Box Elder OverflowAt the Box Elder Creek confluenceNone+3039City of Box Elder, Unincorporated Areas of Pennington County.
At the Box Elder Creek divergenceNone+3082
East Tributary to Box Elder CreekAt the North Tributary to Box Elder Creek confluenceNone+2998City of Box Elder, Unincorporated Areas of Pennington County.
Approximately 515 feet upstream of G AvenueNone+3168
Ellsworth AFB Alert Apron DrainageAt the Box Elder Creek through Box Elder Overflow confluenceNone+3056City of Box Elder, Unincorporated Areas of Pennington County.
Approximately 1.0 mile upstream of Kenney RoadNone+3186
Ellsworth AFB West Drainage BasinAt the Box Elder Creek through Box Elder Overflow confluenceNone+3071City of Box Elder, Unincorporated Areas of Pennington County.
At the downstream side of 225th StreetNone+3156
Haines Avenue Drainage BasinAt the Rapid Creek confluenceNone+3213City of Rapid City.
Approximately 340 feet upstream of Curtis StreetNone+3285
Meade-Hawthorne Drainage BasinAt the Rapid Creek confluenceNone+3141City of Rapid City.
At the downstream side of Saint Anne StreetNone+3236
North Tributary to Box Elder CreekAt the Box Elder Creek confluence+2999+2994City of Box Elder, Unincorporated Areas of Pennington County.
Approximately 540 feet upstream of 225th StreetNone+3117
Northwest Tributary to Box Elder CreekAt the North Tributary to Box Elder Creek confluence+3047+3045City of Box Elder, Unincorporated Areas of Pennington County.
Approximately 280 feet upstream of 225th StreetNone+3255
Rapid Creek through Silver CityAt the Pactola Reservoir confluenceNone+4593Unincorporated Areas of Pennington County.
Approximately 2.7 miles upstream of the Pactola Reservoir confluenceNone+4667
Red Rock CanyonAt the Rapid Creek confluence+3378+3375City of Rapid City, Unincorporated Areas of Pennington County.
Approximately 1.0 mile upstream of Red Rock Canyon RoadNone+3545
Robinsdale DrainAt the Southeast Drainage Basin confluence+3170+3172City of Rapid City.
Approximately 220 feet upstream of 5th StreetNone+3340
South Canyon CreekAt the Lime Creek confluenceNone+3334City of Rapid City, Unincorporated Areas of Pennington County.
Approximately 1,030 feet upstream of Nemo RoadNone+3571
Southeast Drainage BasinAt the Rapid Creek confluenceNone+3133City of Rapid City, Unincorporated Areas of Pennington County.
Approximately 1,180 feet upstream of Old Folsom RoadNone+3223
Tributary 1 to East Tributary to Box Elder CreekAt the East Tributary to Box Elder Creek confluenceNone+3077City of Box Elder.
Approximately 0.5 mile upstream of the East Tributary to Box Elder Creek confluenceNone+3153
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Truck BypassAt the Southeast Drainage Basin confluenceNone+3213City of Rapid City, Unincorporated Areas of Pennington County.
Approximately 1,870 feet upstream of State Highway 16None+3310
West Tributary to Box Elder CreekAt the East Tributary to Box Elder Creek confluence+3026+3025City of Box Elder, Unincorporated Areas of Pennington County.
Approximately 700 feet upstream of Kenney RoadNone+3130
* 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 Box Elder
Maps are available for inspection at 520 North Ellsworth Road, Suite 9C, Box Elder, SD 57719.
City of Rapid City
Maps are available for inspection at 300 6th Street, Rapid City, SD 57701.
Unincorporated Areas of Pennington County
Maps are available for inspection at 832 Saint Joseph Street, Rapid City, SD 57701.

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

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Dated: June 10, 2011.

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. 2011-15317 Filed 6-20-11; 8:45 am]

BILLING CODE 9110-12-P