[Federal Register Volume 84, Number 65 (Thursday, April 4, 2019)]
[Rules and Regulations]
[Pages 13138-13141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06588]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2019-0002]


Final Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: Base (1% annual-chance) Flood Elevations (BFEs) and modified 
BFEs are made final for the communities listed below. The BFEs and 
modified BFEs are the basis for the floodplain management measures that 
each community is required either to adopt or to show evidence of being 
already in effect in order to qualify or remain qualified for 
participation in the National Flood Insurance Program (NFIP).

DATES: The date of issuance of the Flood Insurance Rate Map (FIRM) 
showing BFEs and modified BFEs for each community. This date may be 
obtained by contacting the office where the maps are available for 
inspection as indicated in the table below.

ADDRESSES: The final BFEs for each community are available for 
inspection at the office of the Chief Executive Officer of each 
community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering 
Services Branch, Federal Insurance and Mitigation Administration, FEMA, 
400 C Street SW, Washington, DC 20472, (202) 646-7659, or (email) 
[email protected]; or visit the FEMA Map Information 
eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency 
(FEMA) makes the final determinations listed below for the modified 
BFEs for each community listed. These modified elevations have been 
published in newspapers of local circulation and ninety (90) days have 
elapsed since that publication. The Deputy Associate Administrator for 
Insurance and Mitigation has resolved any appeals resulting from this 
notification.
    This final rule is issued in accordance with section 110 of the 
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 
67. FEMA has developed criteria for floodplain management in floodprone 
areas in accordance with 44 CFR part 60.
    Interested lessees and owners of real property are encouraged to 
review the proof Flood Insurance Study and FIRM available at the 
address cited below for each community. The BFEs and modified BFEs are 
made final in the communities listed below. Elevations at selected 
locations in each community are shown.
    National Environmental Policy Act. FEMA included flood hazard 
mapping data dissemination determinations as part of the NFIP 
Nationwide Programmatic Environmental Impact Statement, published on 
November 3, 2017, and completed in accordance with the Council on 
Environmental Quality's National Environmental Policy Act implementing 
regulations in 40 CFR 1500-1508 and therefore has determined that this 
action will not have a significant effect on the human environment.
    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.
    Regulatory Classification. This final rule is not a significant 
regulatory action under the criteria of section 3(f) of Executive Order 
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 
51735.
    Executive Order 13132, Federalism. This final rule involves no 
policies that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This final 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.

David I. Maurstad,
Deputy Associate Administrator for Insurance and Mitigation, Department 
of Homeland Security, Federal Emergency Management Agency.

    Accordingly, 44 CFR part 67 is amended as follows:

PART 67--[AMENDED]

0
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.  67.11  [Amended]

0
2. The tables published under the authority of Sec.  67.11 are amended 
as follows:

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                                                                      * Elevation in
                                                                     feet  (NGVD)  +
                                                                    Elevation in feet
                                                                     (NAVD)  # Depth
           Flooding source(s)              Location of referenced     in feet above       Communities affected
                                                 elevation           ground  [caret]
                                                                       Elevation in
                                                                       meters (MSL)
                                                                         modified
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                                    Erie County, New York (All Jurisdictions)
                                             Docket No.: FEMA-B-1128
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Berricks Creek.........................  Approximately 45 feet                   +753  Town of Hamburg.
                                          upstream of the I-90
                                          culvert (upstream face).
                                         Approximately 230 feet                  +753
                                          upstream of the I-90
                                          culvert (upstream face).
Big Sister Creek.......................  Approximately 5,475 feet                +732  Town of Eden.
                                          downstream of Cain Road/
                                          Evans/Eden town boundary.
                                         Approximately 1,875 feet                +735
                                          downstream of Cain Road/
                                          Evans/Eden town boundary.
Buffalo River..........................  At the confluence with                  +581  City of Buffalo.
                                          Lake Erie.
                                         At the upstream face of                 +581
                                          the railroad bridge.
Cayuga Creek...........................  Approximately 80 feet                   +593  Town of Cheektowaga, Town
                                          upstream of Clinton                    +742   of Lancaster, Town of
                                          Street.                                       West Seneca, Village of
                                         At the Lancaster/Alden                         Depew, Village of
                                          town boundary.                                Lancaster.
Cazenovia Creek........................  At the confluence with                  +583  City of Buffalo.
                                          the Buffalo River.
                                         At the downstream face of               +583
                                          Southside Parkway.
Cazenovia Creek East Branch............  Approximately 500 feet                  +874  Village of East Aurora.
                                          downstream of Center
                                          Street.
                                         Approximately 10 feet                   +874
                                          downstream of Center
                                          Street (at the Town of
                                          Aurora/Village of East
                                          Aurora boundary).
Cazenovia Creek East Branch............  Approximately 565 feet                +1,063  Town of Holland.
                                          upstream of North Main
                                          Street (State Route 16).
                                         Approximately 1,930 feet              +1,076
                                          upstream of North Main
                                          Street (State Route 16).
Eighteenmile Creek.....................  Approximately 230 feet                  +650  Town of Hamburg.
                                          upstream of the
                                          confluence with
                                          Eighteenmile Creek South
                                          Branch Tributary.
                                         Approximately 425 feet                  +714
                                          downstream of South
                                          Creek Road.
Eighteenmile Creek.....................  Approximately 5,280 feet                +766  Village of Hamburg.
                                          upstream of U.S. Route
                                          62 (Pierce Avenue).
                                         Approximately 5,750 feet                +767
                                          upstream of U.S. Route
                                          62 (Pierce Avenue).
Ellicott Creek.........................  Approximately 1,035 feet                +572  Town of Amherst, Town of
                                          upstream of Colvin                     +695   Tonawanda.
                                          Boulevard.
                                         Approximately 1,435 feet
                                          northeast of the
                                          intersection of Lawrence
                                          Bell Drive and
                                          Cartwright Drive.
Ellicott Creek.........................  At the downstream Town of               +810  Village of Alden.
                                          Alden/Village of Alden
                                          boundary.
                                         At the upstream Town of                 +815
                                          Alden/Village of Alden
                                          boundary.
Ellicott Creek.........................  At Lynbrook Drive........               +572  City of Tonawanda, Town
                                         Approximately 150 feet                  +572   of Tonawanda.
                                          west of the intersection
                                          of Willow Grove Street
                                          and Parker Boulevard..
Lake Erie..............................  At the southern corporate               +579  City of Buffalo, City of
                                          limits of the Town of                  +581   Lackawanna, Town of
                                          Brant.                                        Brant.
                                         At the confluence with
                                          Black Rock Canal.
Little Buffalo Creek...................  At the confluence with                  +686  Town of Lancaster.
                                          Cayuga Creek.
                                         At the downstream face of               +688
                                          the dam, upstream of
                                          Bowen Road.
Ransom Creek...........................  At the upstream face of                 +582  Town of Amherst, Town of
                                          the Glen Oak Drive                     +652   Clarence.
                                          culvert.
                                         Approximately 115 feet
                                          upstream of Kraus Road.
Scajaquada Creek.......................  Approximately 15 feet                   +579  City of Buffalo.
                                          downstream of the I-190
                                          exit ramp.
                                         At the downstream face of               +610
                                          the Private Road culvert
                                          (downstream of Main
                                          Street).
Slate Bottom Creek.....................  At the confluence with                  +600  Town of Cheektowaga, Town
                                          Cayuga Creek.                          +715   of Elma, Town of
                                         Approximately 175 feet                         Lancaster.
                                          upstream of Brunk Road.
Smokes Creek...........................  At the confluence with                  +581  City of Lackawanna.
                                          Lake Erie.                             +581
                                         Approximately 550 feet
                                          upstream of the
                                          Bethlehem Steel
                                          Vehicular Bridge.
Smokes Creek Northwest Branch..........  Approximately 1,475 feet                +662  Town of West Seneca.
                                          downstream of Berg Road.               +706
                                         Approximately 2,950 feet
                                          upstream of Berg Road.
Smokes Creek Northwest Branch..........  Approximately 380 feet                  +870  Village of Orchard Park.
                                          upstream of Highland                   +872
                                          Avenue.
                                         Approximately 1,615 feet
                                          upstream of Highland
                                          Avenue.
Smokes Creek Overland Flow.............  At the upstream face of                 +581  Town of Hamburg, Village
                                          the Lake Shore Road                    +591   of Blasdell.
                                          culvert.
                                         At the upstream Village
                                          of Blasdell/City of
                                          Lackawanna boundary.

[[Page 13140]]

 
Smokes Creek South Branch..............  Approximately 115 feet                  +813  Town of Orchard Park.
                                          upstream of Recreational               +845
                                          Park Access Drive/Town
                                          of Orchard Park
                                          corporate limits.
                                         Approximately 630 feet
                                          north of the
                                          intersection of Elmhurst
                                          Drive and Woodland Drive/
                                          Town of Orchard Park
                                          corporate limits.
Tannery Brook..........................  Approximately 195 feet                  +935  Town of Aurora.
                                          upstream of Fillmore
                                          Avenue/Town of Aurora
                                          downstream corporate
                                          limits.
                                         Approximately 170 feet                  +936
                                          downstream of Brooklea
                                          Drive/Town of Aurora
                                          upstream corporate
                                          limits.
Tonawanda Creek........................  At Mary Vista Court                     +572  Town of Amherst, Town of
                                          extended.                              +574   Tonawanda.
                                         At the downstream face of
                                          the footbridge near the
                                          intersection of
                                          Creekside Road and
                                          Niagara Falls Boulevard.
Unnamed Tributary to Slate Bottom Creek  At the confluence with                  +609  Town of Cheektowaga.
                                          Slate Bottom Creek.                    +609
                                         Approximately 450 feet
                                          upstream of Towers
                                          Boulevard.
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                                                    ADDRESSES
City of Buffalo
Maps are available for inspection at Buffalo City Hall, 65 Niagara Square, Buffalo, NY 14202.
 
City of Lackawanna
Maps are available for inspection at City Hall, 714 Ridge Road, Lackawanna, NY 14218.
 
City of Tonawanda
Maps are available for inspection at Tonawanda City Hall, 200 Niagara Street, Tonawanda, NY 14150.
 
Town of Amherst
Maps are available for inspection at the Amherst Town Hall, 5583 Main Street, Williamsville, NY 14221.
 
Town of Aurora
Maps are available for inspection at the Aurora Town Hall, 5 South Grove Street, East Aurora, NY 14052.
 
Town of Brant
Maps are available for inspection at the Town Hall, 1294 Brant-North Collins Road, Brant, NY 14027.
 
Town of Cheektowaga
Maps are available for inspection at the Town Hall, 3301 Broadway, Cheektowaga, NY 14227.
 
Town of Clarence
Maps are available for inspection at the Town Hall, 1 Town Place, Clarence, NY 14031.
 
Town of Eden
Maps are available for inspection at the Town Hall, 2795 East Church Street, Eden, NY 14057.
 
Town of Elma
Maps are available for inspection at the Town Hall, 1600 Bowen Road, Elma, NY 14059.
 
Town of Hamburg
Maps are available for inspection at the Hamburg Town Hall, 6100 South Park Avenue, Hamburg, NY 14075.
 
Town of Holland
Maps are available for inspection at the Town Hall, 47 Pearl Street, Holland, NY 14080.
 
Town of Lancaster
Maps are available for inspection at the Lancaster Town Hall, 21 Central Avenue, Lancaster, NY 14086.
 
Town of Orchard Park
Maps are available for inspection at the Town Hall, 4295 South Buffalo Road, Orchard Park, NY 14127.
 
Town of Tonawanda
Maps are available for inspection at the Tonawanda Town Hall, 2919 Delaware Avenue, Tonawanda, NY 14217.
 
Town of West Seneca
Maps are available for inspection at the Town Hall, 1250 Union Road, West Seneca, NY 14224.
 
Village of Alden
Maps are available for inspection at the Village Hall, 13336 Broadway, Alden, NY 14004.
 
Village of Blasdell
Maps are available for inspection at the Village Hall, 121 Miriam Avenue, Blasdell, NY 14219.
 
Village of Depew
Maps are available for inspection at the Village Hall, 85 Manitou Street, Depew, NY 14043.
 
Village of East Aurora
Maps are available for inspection at the Village Hall, 571 Main Street, East Aurora, NY 14052.
 
Village of Hamburg
Maps are available for inspection at the Hamburg Village Hall, 100 Main Street, Hamburg, NY 14075.
 
Village of Lancaster
Maps are available for inspection at the Lancaster Village Hall, 5423 Broadway, Lancaster, NY 14086.
 
Village of Orchard Park
Maps are available for inspection at the Orchard Park Village Hall, 4295 South Buffalo Road, Orchard Park, NY
 14127.
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[[Page 13141]]

[FR Doc. 2019-06588 Filed 4-3-19; 8:45 am]
 BILLING CODE 9110-12-P


