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Daily Rules, Proposed Rules, and Notices of the Federal Government

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-B-1229]

Proposed Flood Elevation Determinations

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 February 13, 2012.
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-1229, 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 (email)Luis.Rodriguez3@fema.dhs.gov.

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 (email)Luis.Rodriguez3@fema.dhs.gov.
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 theapplicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 67

Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements.

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

PART 67—[AMENDED]

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

Authority:

42 U.S.C. 4001et 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.

§ 67.4 [Amended]

2. The tables published under the authority of § 67.4 are proposed to be amended as follows:

State City/town/county Source of flooding Location ** * Elevation in feet
  • (NGVD)
  • + Elevation in feet
  • (NAVD)
  • # Depth in feet above ground
  • ⁁ Elevation in meters (MSL)
  • Existing Modified
    City of Snyder, Oklahoma Oklahoma City of Snyder Tributary 1 Approximately 1,200 feet downstream of A Street None +1347 Approximately 160 feet downstream of A Street None +1348 City of Snyder Tributary 2 Approximately 950 feet downstream of B Street to approximately 850 feet downstream of B Street None +1353 * 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 Snyder Maps are available for inspection at City Hall, 721 E Street, Snyder, OK 73566.
    Flooding source(s) Location of referenced elevation ** * Elevation in feet
  • (NGVD)
  • + Elevation in feet
  • (NAVD)
  • # Depth in feet above ground
  • ⁁ Elevation in meters
  • (MSL)
  • Effective Modified Communities affected
    Cass County, Indiana, and Incorporated Areas Crooked Creek Approximately 0.44 mile upstream of the Wabash River confluence None +569 Unincorporated Areas of Cass County. Approximately 0.39 mile upstream of West County Road 100 North None +636 Goose Creek At the upstream side of Cliff Drive None +591 City of Logansport, Unincorporated Areas of Cass County. Approximately 200 feet upstream of Humphrey Boulevard None +598 * 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 Logansport Maps are available for inspection at City Hall, 601 East Broadway Street, Room 303, Logansport, IN 46947. Unincorporated Areas of Cass County Maps are available for inspection at the Cass County Government Building, 200 Court Park, Logansport, IN 46947. Harrison County, Indiana, and Incorporated Areas Blue River (backwater effects from Ohio River) At the Ohio River confluence None +431 Unincorporated Areas of Harrison County. Approximately 530 feet downstream of State Route 462 None +431 Blue River Approximately 1.7 miles downstream of Main Street None +540 Unincorporated Areas of Harrison County. Approximately 0.5 mile downstream of Main Street None +545 Blue River Approximately 1,150 feet upstream of Norfolk Southern Railway None +551 Unincorporated Areas of Harrison County. Approximately 0.77 mile upstream of Norfolk Southern Railway None +554 Indian Creek Tributary 27 Approximately 1,940 feet downstream of State Route 64 None +645 Unincorporated Areas of Harrison County. Approximately 0.41 mile upstream of Private Drive #5755 None +699 Ohio River At the Meade County boundary None +431 Town of Mauckport. At the Jefferson County boundary None +446 Town of New Amsterdam, Unincorporated Areas of Harrison County. * 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 Mauckport Maps are available for inspection at the Harrison County Plan Commission, 245 Atwood Street Northeast, Suite 215, Corydon, IN 47112. Town of New Amsterdam Maps are available for inspection at the Harrison County Plan Commission, 245 Atwood Street Northeast, Suite 215, Corydon, IN 47112. Unincorporated Areas of Harrison County Maps are available for inspection at the Harrison County Plan Commission, 245 Atwood Street Northeast, Suite 215, Corydon, IN 47112. Magoffin County, Kentucky, and Incorporated Areas Beetree Branch (backwater effects from Licking River) At the Licking River confluence None +956 Unincorporated Areas of Magoffin County. Approximately 885 feet upstream of the Licking River confluence None +956 Big Half Mountain Creek (backwater effects from Licking River) At the Licking River confluence None +901 Unincorporated Areas of Magoffin County Approximately 355 feet upstream of Clyde Holliday Cemetery Road None +901 Brushy Fork (backwater effects from Licking River) At the Licking River confluence None +976 Unincorporated Areas of Magoffin County. Approximately 865 feet upstream of the Licking River confluence None +976 Buck Branch (backwater effects from Licking River) At the Licking River confluence None +932 Unincorporated Areas of Magoffin
  • County.
  • Approximately 1,615 feet upstream of the Licking River confluence None +932 Elk Creek (backwater effects from Licking River) At the Licking River confluence +846 +848 Unincorporated Areas of Magoffin
  • County.
  • Approximately 175 feet upstream of Combs Branch Road +846 +848 Gardner Branch (backwater effects from Licking River) At the Licking River confluence +847 +849 Unincorporated Areas of Magoffin
  • County.
  • Approximately 615 feet upstream of Connelly Farm Road +847 +849 Grape Creek (backwater effects from Licking River) At the Licking River confluence None +828 Unincorporated Areas of Magoffin
  • County.
  • Approximately 0.7 mile upstream of the Licking River confluence None +828 Gun Creek (backwater effects from Licking River) At the Licking River confluence None +890 Unincorporated Areas of Magoffin
  • County.
  • Approximately 700 feet upstream of State Highway 7 None +890 Johnson Creek (backwater effects from Licking River) At the Licking River confluence None +829 Unincorporated Areas of Magoffin
  • County.
  • Approximately 870 feet upstream of State Highway 134 None +829 Left Fork Licking River (backwater effects from Licking River) Approximately 0.8 mile upstream of Bert T. Combs Mountain Parkway +844 +846 Unincorporated Areas of Magoffin
  • County.
  • Approximately 1,505 feet upstream of State Highway 3337 +844 +846 Lick Creek (backwater effects from Licking River) At the Licking River confluence None +814 Unincorporated Areas of Magoffin
  • County.
  • Approximately 120 feet downstream of Hensley Road None +814 Licking River At the Morgan County boundary None +806 City of Salyersville, Unincorporated Areas of Magoffin
  • County.
  • Approximately 800 feet upstream of Quicksand Fork Road None +1014 Licking River Arc 1 At the Licking River confluence +847 +849 Unincorporated Areas of Magoffin
  • County.
  • At the Licking River divergence +848 +849 Licking River Arc 2 At the Licking River confluence +850 +852 City of Salyersville, Unincorporated Areas of Magoffin
  • County.
  • Approximately 1,935 feet downstream of Main Street +851 +852 Middle Fork Licking River (backwater effects from Licking River) At the Licking River confluence +844 +846 Unincorporated Areas of Magoffin
  • County.
  • Approximately 0.8 mile upstream of Bert T. Combs Mountain Parkway +844 +846 Oakley Creek (backwater effects from Licking River) At the Licking River confluence None +883 Unincorporated Areas of Magoffin
  • County.
  • Approximately 1,140 feet upstream of State Highway 1635 None +883 Pricy Creek (backwater effects from Licking River) At the Licking River confluence None +808 Unincorporated Areas of Magoffin
  • County.
  • Approximately 670 feet upstream of State Highway 3333 None +808
    Quicksand Fork (backwater effects from Licking River) At the Licking River confluence None +1012 Unincorporated Areas of Magoffin
  • County.
  • Approximately 360 feet upstream of Quicksand Fork Road None +1012 Right Fork Buck Branch (backwater effects from Licking River) At the Buck Branch confluence None +932 Unincorporated Areas of Magoffin
  • County.
  • Approximately 95 feet downstream of Buck Creek Road None +932 Right Fork Licking River (backwater effects from Licking River) Approximately 0.8 mile upstream of Bert T. Combs Mountain Parkway +844 +846 Unincorporated Areas of Magoffin
  • County.
  • Approximately 1,670 feet upstream of Ghost Branch Road +844 +846 Salt Lick Branch (backwater effects from Licking River) At the Licking River confluence None +924 Unincorporated Areas of Magoffin
  • County.
  • Approximately 0.6 mile upstream of State Highway 7 None +924 Trace Fork (backwater effects from Licking River) At the Licking River confluence None +943 Unincorporated Areas of Magoffin
  • County.
  • Approximately 1,410 feet upstream of the Licking River confluence None +943 * 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 Salyersville Maps are available for inspection at City Hall, 315 East Maple Street, Salyersville, KY 41465. Unincorporated Areas of Magoffin County Maps are available for inspection at the Magoffin County Courthouse, Judge's Office, 457 Parkway Drive, Salyersville, KY 41465. Wayne County, West Virginia, and Incorporated Areas Big Sandy River At the Ohio River confluence +549 +550 Town of Fort Gay, Unincorporated Areas of Wayne County. At the Tug Fork confluence +576 +575 Mill Creek (backwater effects from Tug Fork) From the Tug Fork confluence to approximately 1.1 miles upstream of the Tug Fork confluence +577 +575 Town of Fort Gay. Tug Fork At the Big Sandy River confluence +576 +575 Town of Fort Gay. Approximately 0.5 mile upstream of the Big Sandy River confluence +577 +575 * 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 Fort Gay Maps are available for inspection at the Town Hall, 3407 Wayne Street, Fort Gay, WV 25514. Unincorporated Areas of Wayne County Maps are available for inspection at the Wayne County Courthouse, 700 Hendricks Street, Wayne, WV 25570. Marquette County, Wisconsin, and Incorporated Areas Fox River Approximately 1.8 miles downstream of State Highway 22 +771 +770 City of Montello, Unincorporated Areas of Marquette County, Village of Endeavor. At the Columbia County boundary +782 +779 Montello River Approximately 292 feet downstream of the State Highway 22 bridge +774 +771 City of Montello. At Montello Granite Company Dam +787 +774 Neenah Creek At the most downstream Columbia County boundary +783 +782 Unincorporated Areas of Marquette County. At the most upstream Columbia County boundary +788 +789 * 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 Montello Maps are available for inspection at 20 Underwood Avenue, Montello, WI 53949. Unincorporated Areas of Marquette County Maps are available for inspection at 77 West Park Street, Montello, WI 53949. Village of Endeavor Maps are available for inspection at 400 Church Street, Endeavor, WI 53930. Sauk County, Wisconsin, and Incorporated Areas Baraboo River At the Columbia County boundary +802 +804 City of Baraboo, City of Reedsburg, Unincorporated Areas of Sauk County, Village of La Valle, Village of North Freedom, Village of Rock Springs. At the Juneau County boundary +910 +912 Devil's Lake Tributary (backwater effects from Baraboo River) At the Baraboo River confluence +819 +820 City of Baraboo. Approximately 780 feet downstream of Old Lake Road +819 +820 Hay Creek (backwater effects from Baraboo River) Approximately 75 feet downstream of County Highway V +881 +882 City of Reedsburg, Unincorporated Areas of Sauk County. Approximately 1,860 feet upstream of County Highway V +881 +882 Little Baraboo River (backwater effects from Baraboo River) At the Baraboo River confluence +892 +895 Unincorporated Areas of Sauk County, Village of La Valle. Approximately 70 feet downstream of State Highway 58 +892 +895 Narrows Creek (backwater effects from Baraboo River) At the Baraboo River confluence +870 +872 Unincorporated Areas of Sauk County, Village of Rock Springs. At the downstream side of State Highway 154 +870 +872 Plum Creek (backwater effects from Baraboo River) At the Baraboo River confluence +909 +912 Unincorporated Areas of Sauk County. Approximately 0.78 mile upstream of confluence with Baraboo River +911 +912 Seeley Creek (backwater effects from Baraboo River) At the Baraboo River confluence +864 +865 Unincorporated Areas of Sauk County. Approximately 1,450 feet downstream of Freedom Road +864 +865 * 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 Baraboo Maps are available for inspection at City Hall, 135 4th Street, Baraboo, WI 53913. City of Reedsburg Maps are available for inspection at City Hall, 134 South Locust Street, Reedsburg, WI 53959. Unincorporated Areas of Sauk County Maps are available for inspection at the West Square Building, 505 Broadway, Baraboo, WI 53913. Village of La Valle Maps are available for inspection at the Village Hall, 103 West Main Street, La Valle, WI 53941. Village of North Freedom Maps are available for inspection at the Village Hall, 103 North Maple Street, North Freedom, WI 53951. Village of Rock Springs Maps are available for inspection at the Village Hall, 101 1st Street, Rock Springs, WI 53961. (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: October 28, 2011. David L. Miller, Associate Administrator, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency.