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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 November 23, 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-1213, 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:Start Printed Page 53083

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
Coos County, New Hampshire (All Jurisdictions)
Androscoggin RiverApproximately 3.5 miles downstream of Meadow RoadNone+691City of Berlin, Town of Dummer, Town of Errol, Town of Gorham, Town of Milan, Town of Shelburne, Unincorporated Areas of Coos County.
At the downstream side of Umbagog Lake DamNone+1231
Clear StreamAt the Androscoggin River confluenceNone+1222Town of Errol.
Approximately 1.1 miles upstream of White Mountain HighwayNone+1227
Clement BrookAt the Androscoggin River confluenceNone+700Town of Shelburne.
Approximately 0.7 mile upstream of U.S. Route 2None+752
Connecticut RiverApproximately 0.8 mile downstream of Janice Peaslee Bridge (formerly Maidstone-Stratford Hollow Bridge)+861+865Town of Stratford.
Approximately 1,180 feet downstream of Janice Peaslee Bridge (formerly Maidstone-Stratford Hollow Bridge)+864+865
Connecticut RiverApproximately 2.1 miles upstream of State Route 105None+932Town of Clarksville, Town of Colebrook, Town of Columbia, Town of Stewartstown.
Approximately 0.6 mile downstream of U.S. Route 3None+1106
Dead RiverAt the Androscoggin River confluence+947+950City of Berlin.
Approximately 0.4 mile upstream of Hillside Avenue+1048+1049
Greenough BrookAt the Androscoggin River confluenceNone+1226Town of Errol.
At the downstream side of the Akers Pond DamNone+1230
Moose BrookAt the Androscoggin River confluence+794+793Town of Gorham.
Approximately 840 feet upstream of Jimtown RoadNone+1128
Moose Brook SplitAt the Moose Brook confluenceNone+924Town of Gorham.
At the Moose Brook divergenceNone+937
Moose RiverAt the Androscoggin River confluence+786+787Town of Gorham.
Approximately 0.4 mile upstream of Main Street+831+830
Peabody RiverAt the Androscoggin River confluenceNone+755Town of Gorham, Town of Shelburne.
Approximately 1.8 miles upstream of Glen Road+1054+1060
Tinker BrookAt the Androscoggin River confluence+846+842Town of Gorham.
Approximately 0.9 mile upstream of Main StreetNone+1206
* 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 Berlin
Maps are available for inspection at City Hall, 168 Main Street, Berlin, NH 03570.
Town of Clarksville
Maps are available for inspection at the Town Office, 408 New Hampshire Route 145, Clarksville, NH 03592.
Town of Colebrook
Maps are available for inspection at the Town Hall, 17 Bridge Street, Colebrook, NH 03576.
Town of Columbia
Maps are available for inspection at the Town Hall, 1679 U.S. Route 3, Columbia, NH 03576.
Town of Dummer
Maps are available for inspection at the Town Office, 75 Hill Road, Dummer, NH 03588.
Town of Errol
Maps are available for inspection at the Selectmen's Office, 33 Main Street, Errol, NH 03579.
Town of Gorham
Maps are available for inspection at the Town Hall, 20 Park Street, Gorham, NH 03581.
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Town of Milan
Maps are available for inspection at the Municipal Building, 20 Bridge Street, Milan, NH 03588.
Town of Shelburne
Maps are available for inspection at the Town Hall, 74 Village Road, Shelburne, NH 03581.
Town of Stewartstown
Maps are available for inspection at the Stewartstown Town Clerk's Office, 888 Washington Street, West Stewartstown, NH 03597.
Town of Stratford
Maps are available for inspection at the Town Hall, 10 Town Common Road, Stratford, NH 03590.
Unincorporated Areas of Coos County
Maps are available for inspection at the Coos County Commissioner's Office, 136 County Farm Road, West Stewartstown, NH 03597.
Edgecombe County, North Carolina, and Incorporated Areas
Cowlick CreekAt the Tar River confluence+79+78City of Rocky Mount.
At the Parkers Canal confluence+80+79
Tar RiverApproximately 0.5 mile downstream of the Cowlick Creek confluence+79+78City of Rocky Mount, Unincorporated Areas of Edgecombe County.
Approximately 1,100 feet downstream of Atlantic Avenue+82+81
* 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 Rocky Mount
Maps are available for inspection at the Planning Department, 331 South Franklin Street, Rocky Mount, NC 27802.
Unincorporated Areas of Edgecombe County
Maps are available for inspection at the Edgecombe County Administration Building, 201 Saint Andrews Street, Tarboro, NC 27886.
Smith County, Texas, and Incorporated Areas
Black Fork CreekApproximately 0.43 mile upstream of the Prairie Creek West confluenceNone+380City of Tyler, Unincorporated Areas of Smith County.
Approximately 0.71 mile upstream of East 5th Street+530+531
Tributary BF-1At the Black Fork Creek confluence+434+436City of Tyler, Unincorporated Areas of Smith County.
Approximately 1.2 miles upstream of Loop 323None+476
Tributary BF-M-1At the Black Fork Creek confluence+495+496City of Tyler.
Approximately 1,475 feet upstream of Devine StreetNone+523
Tributary DAt the Black Fork Creek confluence+468+469City of Tyler.
Approximately 1,150 feet upstream of Donnybrook AvenueNone+541
Tributary D-1At the Black Fork Creek Tributary D confluence+477+473City of Tyler.
Approximately 225 feet upstream of North Broadway AvenueNone+511
Tributary D-2At the Black Fork Creek Tributary D confluence+488+487City of Tyler.
Approximately 275 feet upstream of Center StreetNone+508
Tributary D-3At the Black Fork Creek Tributary D confluence+492+488City of Tyler.
Approximately 850 feet upstream of East Houston StreetNone+512
Tributary D-4At the Black Fork Creek Tributary D confluenceNone+527City of Tyler.
Approximately 125 feet upstream of 5th StreetNone+576
Tributary D-5At the Black Fork Creek Tributary D confluenceNone+541City of Tyler.
Approximately 300 feet upstream of West 2nd StreetNone+571
Butler CreekApproximately 340 feet upstream of FM 2661None+361City of Tyler, Unincorporated Areas of Smith County.
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Approximately 640 feet upstream of State Route 155None+457
Gilley CreekApproximately 310 feet downstream of FM 848None+379City of Tyler, Unincorporated Areas of Smith County.
Approximately 150 feet upstream of University BoulevardNone+474
Tributary G-1At the Gilley Creek confluenceNone+426City of Tyler, Unincorporated Areas of Smith County.
Approximately 1.14 miles upstream of County Road 2120None+478
Harris CreekApproximately 300 feet upstream of the Ray Creek confluenceNone+329Unincorporated Areas of Smith County.
Approximately 3.37 miles upstream of State Route 31None+468
Henshaw CreekAt the West Mud Creek confluence+381+383Unincorporated Areas of Smith County.
Approximately 0.71 mile upstream of County Road 165+475+477
Indian CreekApproximately 490 feet upstream of the Lake Palestine confluenceNone+349City of Tyler, Unincorporated Areas of Smith County.
Approximately 0.89 mile upstream of Loop 323None+496
Ray CreekApproximately 0.37 mile upstream of the Harris Creek confluenceNone+332Unincorporated Areas of Smith County.
Approximately 525 feet upstream of Old Gladwater HighwayNone+436
Shackleford CreekAt the West Mud Creek confluence+380+383City of Tyler, Unincorporated Areas of Smith County.
Approximately 0.75 mile upstream of Paluxy Drive (FM 756)None+501
West Mud CreekApproximately 200 feet upstream of FM 344 East+360+361City of Tyler, Unincorporated Areas of Smith County.
Approximately 210 feet upstream of Loop 323None+506
Tributary 11At the West Mud Creek confluence+417+419City of Tyler.
Approximately 1,950 feet upstream of Woodlands DriveNone+479
Tributary BApproximately 125 feet upstream of the West Mud Creek confluence+468+467City of Tyler.
Approximately 470 feet upstream of Paluxy DriveNone+505
Tributary M-1At the West Mud Creek Tributary M-A confluence+442+444City of Tyler.
Approximately 0.54 mile upstream of North Star Boulevard+487+485
Tributary M-2Approximately 425 feet upstream of the West Mud Creek confluence+464+463City of Tyler.
Approximately 1,510 feet upstream of Barbee Drive+481+469
Tributary M-AApproximately 200 feet upstream of the West Mud Creek confluence+445+444City of Tyler.
Approximately 80 feet upstream of Woodland Hills DriveNone+509
Tributary M-A.1At the West Mud Creek Tributary M-A confluence+472+471City of Tyler.
Approximately 160 feet upstream of Charleston DriveNone+493
Tributary M-A.2At the West Mud Creek Tributary M-A confluenceNone+487City of Tyler.
Approximately 0.56 mile upstream of Loop 323None+532
Tributary M-CApproximately 450 feet upstream of the West Mud Creek confluence+478+477City of Tyler.
Approximately 75 feet upstream of Azalea DriveNone+531
Tributary M-C.1Approximately 160 feet upstream of the West Mud Creek Tributary M-C confluence+489+488City of Tyler.
At the upstream side of Shannon DriveNone+510
Tributary M-C.2At the West Mud Creek Tributary M-C confluenceNone+502City of Tyler.
Approximately 1,225 feet upstream of Fair LaneNone+524
Wiggins CreekAt the downstream side of the railroadNone+327Unincorporated Areas of Smith County.
Approximately 0.83 mile upstream of Harris Creek Church RoadNone+373
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Willow CreekAt the Black Fork Creek confluence+419+423City of Tyler, Unincorporated Areas of Smith County.
Approximately 375 feet upstream of West Front StreetNone+522
* 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 Tyler
Maps are available for inspection at the Development Services Office, 423 West Ferguson Street, Tyler, TX 75702.
Unincorporated Areas of Smith County
Maps are available for inspection at the Smith County Courthouse, 100 North Broadway Avenue, Tyler, TX 75702.

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

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Dated: August 12, 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. 2011-21709 Filed 8-24-11; 8:45 am]

BILLING CODE 9110-12-P