
[Federal Register Volume 76, Number 229 (Tuesday, November 29, 2011)]
[Proposed Rules]
[Pages 73534-73537]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-30709]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-B-1230]


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

[[Page 73535]]

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 27, 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-1230, 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 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:

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                                           * Elevation in feet
                                                                                                                                                                          (NGVD) + Elevation in
                                                                                                                                                                          feet (NAVD) 
                                                                                                                                                                           Depth in feet above
                State                      City/town/county                  Source of flooding                                     Location **                              ground  [caret]
                                                                                                                                                                           Elevation in meters
                                                                                                                                                                                  (MSL)
                                                                                                                                                                       -------------------------
                                                                                                                                                                          Existing     Modified
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Unincorporated Areas of Tulare County, California
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
California...........................  Unincorporated Areas of   Lake Kaweah..............................  Entire shoreline..........................................         None         +722
                                        Tulare County.
California...........................  Unincorporated Areas of   Middle Fork Kaweah River.................  Approximately 1.0 mile downstream of the South Fork Kaweah         +694         +722
                                        Tulare County.                                                       River confluence.
                                                                                                            Approximately 0.5 mile downstream of the South Fork Kaweah         +721         +722
                                                                                                             River confluence.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* 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..
 

[[Page 73536]]

 
                                                                                            ADDRESSES
                                                                              Unincorporated Areas of Tulare County
Maps are available for inspection at the Tulare County Planning Division, 411 East Kern Avenue, Tulare, CA 93274.
 
                                                                      Unincorporated Areas of Chesterfield County Virginia
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Virginia.............................  Unicorporated Areas of    Crooked Branch...........................  At the upstream side of Centralia Road (State Route 145)..        * 147        * 148
                                        Chesterfield County.
                                                                                                            At the upstream side of Hollyberry Drive..................        * 172        * 170
Virginia.............................  Unincorporated Areas of   Dry Creek................................  At the upstream side of Hull Street (U.S. Route 360                None        * 185
                                        Chesterfield County.                                                 Westbound).
                                                                                                            Approximately 0.5 mile upstream of Hull Street (U.S. Route         None        * 185
                                                                                                             360 Westbound).
Virginia.............................  Unincorporated Areas of   Great Branch (downstream)................  At the Proctors Creek confluence..........................         * 94         * 91
                                        Chesterfield County.
                                                                                                            Approximately 500 feet upstream of Hamlin Creek Parkway...        * 102        * 103
Virginia.............................  Unincorporated Areas of   Great Branch (upstream)..................  Approximately 250 feet downstream of Chalkley Road........        * 139        * 141
                                        Chesterfield County.
                                                                                                            Approximately 1,450 feet upstream of Chalkley Road........        * 148        * 146
Virginia.............................  Unincorporated Areas of   Johnson Creek............................  At the downstream side of Allied Road (State Route 287)...          * 9          * 8
                                        Chesterfield County.
                                                                                                            Approximately 800 feet downstream of Spruce Avenue........         * 18         * 19
Virginia.............................  Unincorporated Areas of   Johnson Creek Tributary..................  At the Johnson Creek confluence...........................         * 57         * 55
                                        Chesterfield County.
                                                                                                            Approximately 320 feet upstream of East Hundred Road               None         * 57
                                                                                                             (State Route 10).
Virginia.............................  Unincorporated Areas of   Proctors Creek...........................  Approximately 850 feet upstream of the Tributary 2 to             * 136        * 137
                                        Chesterfield County.                                                 Proctors Creek confluence.
                                                                                                            Approximately 1,200 feet upstream of State Route 288              * 177        * 176
                                                                                                             Eastbound.
Virginia.............................  Unincorporated Areas of   Winterpock Creek.........................  Approximately 1.0 mile downstream of River Road (State             None        * 193
                                        Chesterfield County.                                                 Route 602).
                                                                                                            Approximately 450 feet upstream of Beach Road (State Route         None        * 240
                                                                                                             655).
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* 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 Chesterfield County
Maps are available for inspection at 9800 Government Center Parkway, Chesterfield, VA 23832.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 73537]]

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')

    Dated: November 18, 2011.
Sandra K. Knight,
Deputy Associate Administrator for Mitigation, Department of Homeland 
Security, Federal Emergency Management Agency.
[FR Doc. 2011-30709 Filed 11-28-11; 8:45 am]
BILLING CODE 9110-12-P


