
[Federal Register Volume 76, Number 119 (Tuesday, June 21, 2011)]
[Proposed Rules]
[Pages 36044-36049]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15317]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-B-1197]


Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule.

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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.

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.

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

[[Page 36045]]

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.

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. 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.


Sec.  67.4  [Amended]

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

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                                                                  * Elevation in feet
                                                                 (NGVD) + Elevation in
                                                                 feet (NAVD) 
                                       Location of referenced     Depth in feet above
         Flooding source(s)                 elevation **       ground [caret] Elevation    Communities affected
                                                                    in meters (MSL)
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                                  Kane County, Illinois, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Big Rock Creek......................  Approximately 1.68              None         +648  Unincorporated Areas of
                                       miles downstream of                                Kane County, Village
                                       Jericho Road (at the                               of Big Rock.
                                       Kendall County
                                       boundary).
                                      Approximately 1.0 mile          None         +689
                                       upstream of Price Road
                                       (at the West Branch
                                       Big Rock Creek and
                                       East Branch Big Rock
                                       Creek confluence).
Duffin Drain........................  At the Sugar Grove              None         +678  Unincorporated Areas of
                                       Branch confluence.                                 Kane County, Village
                                                                                          of Big Rock, Village
                                                                                          of Sugar Grove.
                                      At the downstream side          None         +702
                                       of Wheeler Road.
East Branch Big Rock Creek..........  At the Big Rock Creek           None         +689  Unincorporated Areas of
                                       confluence.                                        Kane County, Village
                                                                                          of Big Rock.
                                      At the Malgren Drain            None         +709
                                       confluence.
East Branch Big Rock Creek..........  At the upstream side of         None         +779  Unincorporated Areas of
                                       Owens Road.                                        Kane County.
                                      At the East Branch Big          None         +810
                                       Rock Creek Tributary 2
                                       confluence.
East Branch Big Rock Creek Tributary  At the East Branch Big          None         +810  Unincorporated Areas of
 2.                                    Rock Creek confluence.                             Kane County.
                                      Approximately 0.47              None         +846
                                       miles upstream of
                                       Keslinger Road.
Malgren Drain.......................  At the East Branch Big          None         +709  Unincorporated Areas of
                                       Rock Creek confluence.                             Kane County, Village
                                                                                          of Big Rock.
                                      At the downstream side          None         +741
                                       of Swan Road.
Sugar Grove Branch..................  At the Welch Creek              None         +677  Unincorporated Areas of
                                       confluence.                                        Kane County.
                                      Approximately 1,150             None         +680
                                       feet downstream of
                                       Fay's Lane.
Welch Creek.........................  At the Big Rock Creek           None         +665  Unincorporated Areas of
                                       confluence.                                        Kane County, Village
                                                                                          of Big Rock, Village
                                                                                          of Sugar Grove.
                                      At the downstream side          None         +813
                                       of Keslinger Road.
West Branch Big Rock Creek..........  At the Big Rock Creek           None         +689  Unincorporated Areas of
                                       confluence.                                        Kane County.
                                      At the downstream side          None         +720
                                       of U.S. Route 30.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] 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.
 

[[Page 36046]]

 
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.
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                                  Osceola County, Michigan (All Jurisdictions)
----------------------------------------------------------------------------------------------------------------
Hersey River........................  Approximately 125 feet          +960         +961  Township of Hersey,
                                       upstream of the                                    Village of Hersey.
                                       Muskegon River
                                       confluence.
                                      Approximately 750 feet          +960         +961
                                       upstream of the
                                       Muskegon River
                                       confluence.
Muskegon River......................  Approximately 1,500             None         +959  Township of Hersey.
                                       feet downstream of 4th
                                       Street.
                                      Approximately 1,565             None         +962
                                       feet upstream of 4th
                                       Street.
Muskegon River......................  At the upstream side of         None         +992  Township of Evart.
                                       Main Street.
                                      Approximately 0.4 miles         None         +993
                                       upstream of Main
                                       Street.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] 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 Creek........................  Approximately 170 feet          None         +447  City of Clinton,
                                       downstream of Little                               Unincorporated Areas
                                       Acres Road.                                        of Laurens County.
                                      Approximately 490 feet          None         +564
                                       upstream of Brook Road.
Burnt Mill Creek....................  At the Little River             None         +501  Unincorporated Areas of
                                       confluence.                                        Laurens County.
                                      Approximately 1,750             None         +558
                                       feet upstream of State
                                       Route 127.
Burnt Mill Creek Tributary 16.......  At the Burnt Mill Creek         None         +583  City of Laurens,
                                       confluence.                                        Unincorporated Areas
                                                                                          of Laurens County.
                                      Approximately 1.0 mile          None         +658
                                       upstream of the Burnt
                                       Mill Creek confluence.
Burnt Mill Creek Tributary 21.......  At the Burnt Mill Creek         None         +586  Unincorporated Areas of
                                       confluence.                                        Laurens County.
                                      Approximately 1,735             None         +620
                                       feet upstream of
                                       Strickland Avenue.
Burnt Mill Creek Tributary 5........  Approximately 0.5 mile          None         +514  Unincorporated Areas of
                                       downstream of Roper                                Laurens County.
                                       Road.
                                      Approximately 1.9 miles         None         +596
                                       upstream of Roper Road.
Burnt Mill Creek Tributary 9........  At the Burnt Mill Creek         None         +530  Unincorporated Areas of
                                       confluence.                                        Laurens County.
                                      Approximately 1.4 miles         None         +637
                                       upstream of Easy Road.
Burnt Mill Creek Tributary 9.2.2      At the Burnt Mill Creek         None         +582  Unincorporated Areas of
                                       Tributary 9 confluence.                            Laurens County.
                                      Approximately 1.0 mile          None         +632
                                       upstream of the Burnt
                                       Mill Creek Tributary 9
                                       confluence.
Bush River..........................  At the downstream side          None         +509  City of Clinton,
                                       of State Route 560.                                Unincorporated Areas
                                                                                          of Laurens County.
                                      Approximately 1.9 miles         None         +629
                                       upstream of State
                                       Route 72.

[[Page 36047]]

 
Cane Creek..........................  Approximately 2.2 miles         None         +442  Unincorporated Areas of
                                       downstream of State                                Laurens County.
                                       Route 72.
                                      Approximately 3.8 miles         None         +529
                                       upstream of Harris
                                       Springs Road.
Lake Greenwood......................  Entire shoreline within         None         +442  Unincorporated Areas of
                                       community.                                         Laurens County.
Little River........................  Approximately 1,075             None         +496  City of Laurens,
                                       feet upstream of                                   Unincorporated Areas
                                       Holmes Bridge Road.                                of Laurens County.
                                      Approximately 1.0 mile          None         +606
                                       upstream of Ghost
                                       Creek Road.
Little River Tributary 1............  At the Little River             +545         +542  Unincorporated Areas of
                                       confluence.                                        Laurens County.
                                      Approximately 1,850             +545         +544
                                       feet upstream of the
                                       Little River
                                       confluence.
Little River Tributary 2............  At the Little River             +555         +551  City of Laurens.
                                       confluence.
                                      Approximately 495 feet          +555         +554
                                       upstream of River
                                       Street.
Little River Tributary 25...........  At the Little River             None         +508  Unincorporated Areas of
                                       confluence.                                        Laurens County.
                                      Approximately 1.0 mile          None         +537
                                       upstream of the Little
                                       River confluence.
Little River Tributary 28...........  At the Little River             None         +519  Unincorporated Areas of
                                       confluence.                                        Laurens County.
                                      Approximately 0.8 mile          None         +540
                                       upstream of the Little
                                       River confluence.
Little River Tributary 3............  At the Little River             +568         +563  City of Laurens.
                                       confluence.
                                      Approximately 0.5 mile          +568         +567
                                       upstream of the Little
                                       River confluence.
Little River Tributary 31...........  At the Little River             None         +530  Unincorporated Areas of
                                       confluence.                                        Laurens County.
                                      Approximately 0.8 mile          None         +547
                                       upstream of East Jerry
                                       Road.
Little River Tributary 37...........  At the Little River             None         +544  City of Laurens.
                                       confluence.
                                      Approximately 1,190             None         +609
                                       feet upstream of East
                                       Farley Avenue.
Reedy Fork Creek....................  At the Little River             +565         +558  City of Laurens.
                                       confluence.
                                      Approximately 715 feet          +571         +570
                                       downstream of Anderson
                                       Drive.
Saluda River........................  Approximately 3.9 miles         None         +448  Unincorporated Areas of
                                       downstream of U.S.                                 Laurens County.
                                       Route 25.
                                      Approximately 230 feet          None         +531
                                       upstream of U.S.
                                       Business Route 25.
Scout Branch........................  Approximately 310 feet          None         +641  City of Laurens.
                                       upstream of Pamela
                                       Lane.
                                      Approximately 0.6 mile          None         +670
                                       upstream of Pamela
                                       Lane.
Shell Creek.........................  Approximately 1,330             None         +541  City of Clinton,
                                       feet upstream of the                               Unincorporated Areas
                                       Bush River confluence.                             of Laurens County.
                                      Approximately 1,060             None         +607
                                       feet upstream of
                                       Springdale Drive.
South Durbin Creek..................  Approximately 1,500             None         +743  Unincorporated Areas of
                                       feet downstream of                                 Laurens County.
                                       Boyd Street.
                                      Approximately 675 feet          None         +749
                                       downstream of Boyd
                                       Street.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] 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.
 

[[Page 36048]]

 
                                     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 Creek.....................  At the Rapid Creek             +3317        +3318  City of Rapid City.
                                       confluence.
                                      Approximately 408 feet          None        +3490
                                       upstream of Summerset
                                       Drive.
Box Elder Creek through Box Elder...  Approximately 0.8 mile          None        +2994  City of Box Elder,
                                       downstream of 151st                                Unincorporated Areas
                                       Avenue.                                            of Pennington County.
                                      At the downstream side          None        +3085
                                       of 146th Avenue
                                       (Bennett Road).
Box Elder Creek through Box Elder     At the Box Elder Creek          None        +3039  City of Box Elder,
 Overflow.                             confluence.                                        Unincorporated Areas
                                                                                          of Pennington County.
                                      At the Box Elder Creek          None        +3082
                                       divergence.
East Tributary to Box Elder Creek...  At the North Tributary          None        +2998  City of Box Elder,
                                       to Box Elder Creek                                 Unincorporated Areas
                                       confluence.                                        of Pennington County.
                                      Approximately 515 feet          None        +3168
                                       upstream of G Avenue.
Ellsworth AFB Alert Apron Drainage..  At the Box Elder Creek          None        +3056  City of Box Elder,
                                       through Box Elder                                  Unincorporated Areas
                                       Overflow confluence.                               of Pennington County.
                                      Approximately 1.0 mile          None        +3186
                                       upstream of Kenney
                                       Road.
Ellsworth AFB West Drainage Basin...  At the Box Elder Creek          None        +3071  City of Box Elder,
                                       through Box Elder                                  Unincorporated Areas
                                       Overflow confluence.                               of Pennington County.
                                      At the downstream side          None        +3156
                                       of 225th Street.
Haines Avenue Drainage Basin........  At the Rapid Creek              None        +3213  City of Rapid City.
                                       confluence.
                                      Approximately 340 feet          None        +3285
                                       upstream of Curtis
                                       Street.
Meade-Hawthorne Drainage Basin......  At the Rapid Creek              None        +3141  City of Rapid City.
                                       confluence.
                                      At the downstream side          None        +3236
                                       of Saint Anne Street.
North Tributary to Box Elder Creek..  At the Box Elder Creek         +2999        +2994  City of Box Elder,
                                       confluence.                                        Unincorporated Areas
                                                                                          of Pennington County.
                                      Approximately 540 feet          None        +3117
                                       upstream of 225th
                                       Street.
Northwest Tributary to Box Elder      At the North Tributary         +3047        +3045  City of Box Elder,
 Creek.                                to Box Elder Creek                                 Unincorporated Areas
                                       confluence.                                        of Pennington County.
                                      Approximately 280 feet          None        +3255
                                       upstream of 225th
                                       Street.
Rapid Creek through Silver City.....  At the Pactola                  None        +4593  Unincorporated Areas of
                                       Reservoir confluence.                              Pennington County.
                                      Approximately 2.7 miles         None        +4667
                                       upstream of the
                                       Pactola Reservoir
                                       confluence.
Red Rock Canyon.....................  At the Rapid Creek             +3378        +3375  City of Rapid City,
                                       confluence.                                        Unincorporated Areas
                                                                                          of Pennington County.
                                      Approximately 1.0 mile          None        +3545
                                       upstream of Red Rock
                                       Canyon Road.
Robinsdale Drain....................  At the Southeast               +3170        +3172  City of Rapid City.
                                       Drainage Basin
                                       confluence.
                                      Approximately 220 feet          None        +3340
                                       upstream of 5th Street.
South Canyon Creek..................  At the Lime Creek               None        +3334  City of Rapid City,
                                       confluence.                                        Unincorporated Areas
                                                                                          of Pennington County.
                                      Approximately 1,030             None        +3571
                                       feet upstream of Nemo
                                       Road.
Southeast Drainage Basin............  At the Rapid Creek              None        +3133  City of Rapid City,
                                       confluence.                                        Unincorporated Areas
                                                                                          of Pennington County.
                                      Approximately 1,180             None        +3223
                                       feet upstream of Old
                                       Folsom Road.
Tributary 1 to East Tributary to Box  At the East Tributary           None        +3077  City of Box Elder.
 Elder Creek.                          to Box Elder Creek
                                       confluence.
                                      Approximately 0.5 mile          None        +3153
                                       upstream of the East
                                       Tributary to Box Elder
                                       Creek confluence.

[[Page 36049]]

 
Truck Bypass........................  At the Southeast                None        +3213  City of Rapid City,
                                       Drainage Basin                                     Unincorporated Areas
                                       confluence.                                        of Pennington County.
                                      Approximately 1,870             None        +3310
                                       feet upstream of State
                                       Highway 16.
West Tributary to Box Elder Creek...  At the East Tributary          +3026        +3025  City of Box Elder,
                                       to Box Elder Creek                                 Unincorporated Areas
                                       confluence.                                        of Pennington County.
                                      Approximately 700 feet          None        +3130
                                       upstream of Kenney
                                       Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] 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.'')


    Dated: June 10, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation, 
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2011-15317 Filed 6-20-11; 8:45 am]
BILLING CODE 9110-12-P


