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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 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 20, 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-1198, to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, Start Printed Page 36483(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:

StateCity/town/countySource of floodingLocation ***Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground ⁁ Elevation in meters (MSL)
ExistingModified
City of Colonial Heights, Virginia
VirginiaCity of Colonial HeightsOld Town CreekApproximately 0.63 mile downstream of Conduit Road+ 10+ 11
Approximately 0.48 mile upstream of the railroad+ 67+ 68
* 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 Colonial Heights
Maps are available for inspection at 202 James Avenue, Colonial Heights, VA 23834.
Unincorporated Areas of Halifax County, North Carolina
North CarolinaUnincorporated Areas of Halifax CountyFishing CreekApproximately 1.1 miles upstream of the Fishing Creek Tributary 2 confluence+ 60+ 59
Approximately 50 feet downstream of White Oak Road+ 129+ 132
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.
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⁁ 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 Halifax County
Maps are available for inspection at the Halifax County Office, 15 West Pittsylvania Street, Halifax, NC 27839.
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
Osceola County, Florida, and Incorporated Areas
Bass Slough (Lower Reach)Approximately 1,211 feet downstream of County Route 525None+ 57City of Kissimmee, Unincorporated Areas of Osceola County.
Approximately 0.6 mile upstream of State Route 530None+ 76
Bass Slough (Upper Reach)Approximately 1,863 feet downstream of the Bass Slough Tributary confluenceNone+ 79City of Kissimmee, Unincorporated Areas of Osceola County.
Approximately 337 feet upstream of Florida ParkwayNone+ 80
Bass Slough TributaryAt the Bass Slough (Upper Reach) confluenceNone+ 79Unincorporated Areas of Osceola County.
Approximately 0.4 mile upstream of the Bass Slough (Upper Reach) confluenceNone+ 79
Clay Hole PondEntire shorelineNone+ 66Unincorporated Areas of Osceola County.
Courthouse PondEntire shorelineNone+ 68Unincorporated Areas of Osceola County.
Eagle PondEntire shorelineNone+ 65Unincorporated Areas of Osceola County.
East City Canal Tributary 1At the upstream side of Vine Street+ 65+ 66City of Kissimmee.
Approximately 637 feet upstream of Vine Street+ 65+ 66
Lake MarianEntire shorelineNone+ 59Unincorporated Areas of Osceola County.
Multiple Ponding AreasArea bound by San Remo Road to the north and east, Cypress Parkway to the south, and Marigold Avenue to the westNone+ 69Unincorporated Areas of Osceola County.
Multiple Ponding AreasArea bound by Florida's Turnpike to the north and east and State Route 523 to the south and westNone+ 65City of Kissimmee.
Multiple Ponding AreasArea approximately 0.8 mile northwest of the intersection of Brandon Lane and County Route 523, bound by Williams Road to the north, U.S. Route 441 to the east, and Florida's Turnpike to the south and westNone+ 69Unincorporated Areas of Osceola County.
Multiple Ponding AreasArea bound by County Route 523 to the north, U.S. Route 441 to the east, Hayman Ranch Road to the south, and Florida's Turnpike to the westNone+ 69Unincorporated Areas of Osceola County.
Multiple Ponding AreasArea approximately 2.4 miles north of the intersection of 3rd Street and 4th Avenue, bound by Williams Road to the north, U.S. Route 441 to the east, and Florida's Turnpike to the south and westNone+ 67Unincorporated Areas of Osceola County.
Otter PondEntire shorelineNone+ 69Unincorporated Areas of Osceola County.
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Ponding AreaArea bound by West Orange Street to the north, North Main Street to the east, Sumner Street to the south, and U.S. Routes 17/92 to the west+ 65+ 66Unincorporated Areas of Osceola County.
Ponding AreaArea bound by Pleasant Hill Road to the north, Florida's Turnpike to the east, and Scrub Jay Trail to the south and westNone+ 64Unincorporated Areas of Osceola County.
Ponding AreaArea approximately 0.9 mile east of the intersection of Martigues Drive and Amiens Road, bound by West Southport Road to the north, Florida's Turnpike to the east, and Scrub Jay Trail to the south and westNone+ 63Unincorporated Areas of Osceola County.
Ponding AreaArea bound by Amiens Road to the north and east, Chestnut Street to the south, and Bordeaux Road to the westNone+ 62Unincorporated Areas of Osceola County.
Ponding AreaArea approximately 0.6 mile east of the intersection of Saint Michel Way and Amiens Road, bound by West Southport Road to the north, Florida's Turnpike to the east, and Scrub Jay Trail to the south and westNone+ 62Unincorporated Areas of Osceola County.
Ponding AreaArea bound by Old Pleasant Hill Road to the north, Scrub Jay Trail to the east, and the Polk County boundary to the south and westNone+ 60Unincorporated Areas of Osceola County.
Ponding AreaArea bound by Chestnut Street to the north, Scrub Jay Trail to the east, and the Polk County boundary to the south and westNone+ 63Unincorporated Areas of Osceola County.
Ponding AreaArea approximately 2.2 miles north of the intersection of Coulter Drive and County Route 523, bound by Williams Road to the north, U.S. Route 441 to the east, and Florida's Turnpike to the south and westNone+ 66Unincorporated Areas of Osceola County/
Unnamed Connecting Channel downstream of Clay Hole PondJust upstream of Eagle PondNone+ 65Unincorporated Areas of Osceola County/
Just downstream of Clay Hole PondNone+ 66
Unnamed Connecting Channel downstream of Eagle PondApproximately 0.6 mile downstream of Eagle PondNone+ 65Unincorporated Areas of Osceola County.
Just downstream of Eagle PondNone+ 65
Unnamed Connecting Channel upstream of Lake MarianJust upstream of Lake MarianNone+ 59Unincorporated Areas of Osceola County.
Approximately 0.4 mile upstream of Lake MarianNone+ 65
Unnamed Connecting Channel upstream of Lake MarianJust upstream of Lake MarianNone+ 59Unincorporated Areas of Osceola County.
Approximately 1.0 mile upstream of Lake MarianNone+ 69
Unnamed Flooding Area upstream of Lake MarianJust upstream of Lake MarianNone+ 59Unincorporated Areas of Osceola County.
Approximately 0.5 mile upstream of Lake MarianNone+ 65
WPA Canal Tributary 1Approximately 1,612 feet upstream of the WPA Canal confluenceNone+ 71City of St. Cloud, Unincorporated Areas of Osceola County.
Approximately 1.6 miles upstream of Snail Kite AvenueNone+ 75
WPA Canal Tributary 1-1At the WPA Canal Tributary 1 confluenceNone+ 75City of St. Cloud, Unincorporated Areas of Osceola County.
Approximately 0.7 mile upstream of the WPA Canal Tributary 1 confluenceNone+ 75
* 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.
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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 Kissimmee
Maps are available for inspection at City Hall, Engineering Department, Suite 301, 101 North Church Street, Kissimmee, FL 34741.
City of St. Cloud
Maps are available for inspection at City Hall, Public Works Department, Building A, 2nd Floor, 1300 9th Street, St. Cloud, FL 34769.
Unincorporated Areas of Osceola County

(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.

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[FR Doc. 2011-15620 Filed 6-21-11; 8:45 am]

BILLING CODE 9110-12-P