[Federal Register Volume 77, Number 99 (Tuesday, May 22, 2012)]
[Rules and Regulations]
[Pages 30220-30224]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12292]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2012-0003]


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: 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) 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 
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. This final 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.
    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.

    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)
                                           Location of referenced     Depth
           Flooding source(s)                    elevation            in feet above       Communities affected
                                                                      ground [caret]
                                                                       Elevation in
                                                                       meters (MSL)
                                                                         Modified
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                                Fremont County, Colorado, and Incorporated Areas
                                             Docket No.: FEMA-B-1194
----------------------------------------------------------------------------------------------------------------
Abbey Drainageway......................  Approximately 0.48 mile               +5,274  City of Canon City,
                                          upstream of the Arkansas                      Unincorporated Areas of
                                          River confluence.                             Fremont County.
                                         Approximately 1,400 feet              +5,396
                                          upstream of Central
                                          Avenue.
Fourmile Creek.........................  Approximately 1,280 feet              +5,257  City of Canon City,
                                          upstream of the Arkansas                      Unincorporated Areas of
                                          River confluence.                             Fremont County.
                                         Approximately 1.39 miles              +5,361
                                          upstream of U.S. Route
                                          50.
Mudd Gulch.............................  Approximately 1,200 feet              +5,239  City of Canon City,
                                          upstream of the Arkansas                      Unincorporated Areas of
                                          River confluence.                             Fremont County.
                                         Approximately 0.64 mile               +5,514
                                          upstream of Fourmile
                                          Parkway.

[[Page 30221]]

 
Mudd Gulch Split Flow..................  At the upstream side of               +5,235  Unincorporated Areas of
                                          the railroad.                                 Fremont County.
                                         Approximately 0.67 mile               +5,250
                                          upstream of the Arkansas
                                          River confluence.
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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.
 
                                                    ADDRESSES
 
City of Canon City
Maps are available for inspection at City Hall, 128 Main Street, Canon City, CO 81212.
 
                                     Unincorporated Areas of Fremont County
Maps are available for inspection at the Fremont County Courthouse, 615 Macon Avenue, Canon City, CO 81212.
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                                  Troup County, Georgia, and Incorporated Areas
                                             Docket No.: FEMA-B-1072
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Shoal Creek............................  Approximately 2,800 feet                +650  City of LaGrange.
                                          downstream of Hammett
                                          Road.
                                         Approximately 1,500 feet                +669
                                          upstream of Hammett Road.
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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.
 
                                                    ADDRESSES
City of LaGrange
Maps are available for inspection at City Hall, 200 Ridley Avenue, LaGrange, GA 30240.
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                                 Essex County, Massachusetts (All Jurisdictions)
                                       Docket Nos.: FEMA-B-1061 and B-1139
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Atlantic Ocean.........................  Along the shoreline,                     +18  City of Newburyport.
                                          approximately 350 feet
                                          east of the end of 55th
                                          Street.
                                         Along the shoreline,                     +22
                                          approximately 575 feet
                                          north of the
                                          intersection of Northern
                                          Boulevard and 82nd
                                          Street.
Atlantic Ocean.........................  Along the shoreline,                     +16  City of Gloucester, Town
                                          approximately 850 feet                        of Ipswich, Town of
                                          east of the intersection                      Manchester-by-the-Sea,
                                          of Page Road and                              Town of Marblehead, Town
                                          Phillips Street.                              of Nahant, Town of
                                                                                        Newbury, Town of Rowley,
                                                                                        Town of Swampscott.
                                         Along the shoreline,                     +17
                                          approximately 3,000 feet
                                          south of the
                                          intersection of Lynnway
                                          and Nahant Road.
Atlantic Ocean.........................  Along the shoreline,                     +12  Town of Salisbury.
                                          approximately 150 feet
                                          south of State Beach
                                          Road.
                                         Along the shoreline,                     +20
                                          approximately 60 feet
                                          east of the intersection
                                          of Liberty Street and
                                          North End Boulevard.
Argilla Brook (backwater effects from    At the confluence with                   +21  Town of Groveland.
 Merrimack River).                        Johnson Creek.
                                         Approximately 530 feet                   +21
                                          upstream of Main Street.
Backwater Effects from Harris Brook....  From I-93 to 300 feet                   +111  City of Methuen.
                                          west of I-93, and from
                                          Hampshire Road to 300
                                          feet north of Hampshire
                                          Road at the corporate
                                          limits.
Bartlett Brook.........................  At the confluence with                   +53  City of Methuen.
                                          the Merrimack River.
                                         Approximately 700 feet                   +53
                                          upstream of State Route
                                          113.
Boston Brook...........................  Approximately 2,000 feet                 +82  Town of Middleton.
                                          downstream of Sharpners
                                          Pond Road.
                                         Approximately 180 feet                   +84
                                          downstream of Sharpners
                                          Pond Road.
Castle Neck River (backwater effects     Approximately 1.6 miles                   +9  Town of Ipswich.
 from Atlantic Ocean).                    upstream of the
                                          confluence with Ipswich
                                          Bay, at the confluence
                                          with Hog Island Channel.
Ipswich River..........................  Approximately 150 feet                   +38  City of Beverly.
                                          northeast of the Eastern
                                          end of Sargent Street.

[[Page 30222]]

 
                                         Approximately 1,000 feet                 +38
                                          north of the
                                          intersection of Dodge
                                          Street and Norwoods Pond
                                          Road.
Ipswich River..........................  Approximately 800 feet                   +41  Town of Middleton.
                                          downstream of I-95.
                                         Approximately 1,250 feet                 +41
                                          upstream of I-95.
Jackman Brook (backwater effects from    Just upstream of Parish                  +18  Town of Georgetown.
 Parker River).                           Road.
                                         Approximately 50 feet                    +18
                                          upstream of Parish Road.
Johnson Creek (backwater effects from    At the confluence with                   +21  Town of Groveland.
 Merrimack River).                        the Merrimack River.
                                         Approximately 900 feet                   +21
                                          upstream of Main Street.
Long Causeway Brook....................  Approximately 800 feet                   +21  Town of Ipswich.
                                          north of the
                                          intersection of State
                                          Route 1A and North Edge
                                          Road.
                                         Approximately 4,500 feet                 +21
                                          southwest of the
                                          intersection of State
                                          Route 1A and North Edge
                                          Road.
Merrimack River........................  Approximately 100 feet                   +20  Town of Groveland.
                                          upstream of Groveland
                                          Street.
                                         Approximately 0.67 mile                  +21
                                          upstream of Groveland
                                          Street.
Merrimack River........................  Immediately upstream of I-               +52  City of Methuen.
                                          93.
                                         Approximately 1.42 mile                  +56
                                          upstream of the
                                          confluence with Fish
                                          Brook.
Nichols Brook (backwater effects from    At the confluence with                   +41  Town of Middleton, Town
 Ipswich River).                          the Ipswich River.                            of Topsfield.
Shawsheen River........................  Approximately 900 feet                   +36  City of Lawrence, Town of
                                          east of the intersection                      Andover, Town of North
                                          of I-495 and State Route                      Andover.
                                          28.
                                         Approximately 2,500 feet                 +77
                                          southwest of Burtt Road
                                          and Biotechnology Drive.
World End Pond.........................  Approximately 2,500 feet                 +41  City of Methuen.
                                          upstream of the
                                          confluence with the
                                          Ipswich River.
                                         From approximately 1,000                +116
                                          feet north of the
                                          intersection of Hayes
                                          Street and Pond Street
                                          to 2,800 feet north of
                                          Hayes Street and Pond
                                          Street, and from the end
                                          of Argilla Road to 1,300
                                          feet west of Argilla
                                          Road at the corporate
                                          limits.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
 
                                                    ADDRESSES
 
City of Beverly
Maps are available for inspection at City Hall, 191 Cabot Street, Beverly, MA 01915.
 
City of Gloucester
Maps are available for inspection at City Hall, 9 Dale Avenue, Gloucester, MA 01930.
 
City of Lawrence
Maps are available for inspection at City Hall, 200 Common Street, Lawrence, MA 01840.
 
City of Methuen
Maps are available for inspection at the Searles Building, 41 Pleasant Street, Methuen, MA 01844.
 
City of Newburyport
Maps are available for inspection at City Hall, 60 Pleasant Street, Newburyport, MA 01950.
 
Town of Andover
Maps are available for inspection at the Town Offices, 36 Bartlet Street, Andover, MA 01810.
 
Town of Georgetown
Maps are available for inspection at the Town Hall, 1 Library Street, Georgetown, MA 01833.
 
Town of Groveland
Maps are available for inspection at the Town Hall, 183 Main Street, Groveland, MA 01834.
 
Town of Ipswich
Maps are available for inspection at the Town Hall, 25 Green Street, Ipswich, MA 01938.
 
Town of Manchester-by-the-Sea
Maps are available for inspection at the Town Hall, 10 Central Street, Manchester-by-the-Sea, MA 01944.
 
Town of Marblehead
Maps are available for inspection at Abbot Hall, 188 Washington Street, Marblehead, MA 01945.
 
Town of Middleton
Maps are available for inspection at Memorial Hall, 48 South Main Street, Middleton, MA 01949.
 
Town of Nahant

[[Page 30223]]

 
Maps are available for inspection at the Town Hall, 334 Nahant Road, Nahant, MA 01908.
 
Town of Newbury
Maps are available for inspection at the Municipal Offices, 25 High Road, Newbury, MA 01951.
 
Town of North Andover
Maps are available for inspection at the Town Hall, 120 Main Street, North Andover, MA 01845.
 
Town of Rowley
Maps are available for inspection at the Town Hall, 139 Main Street, Rowley, MA 01969.
 
Town of Salisbury
Maps are available for inspection at the Town Hall, 5 Beach Road, Salisbury, MA 01952.
 
Town of Swampscott
Maps are available for inspection at the Town Hall, 22 Monument Avenue, Swampscott, MA 01907.
 
Town of Topsfield
Maps are available for inspection at the Town Hall, 8 West Common Street, Topsfield, MA 01983.
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                                Benton County, Tennessee, and Incorporated Areas
                                             Docket No.: FEMA-B-1202
----------------------------------------------------------------------------------------------------------------
Big Sandy River Drainage Canal.........  Approximately 1.7 miles                 +375  Unincorporated Areas of
                                          upstream of State Route                       Benton County.
                                          69A.
                                         Approximately 0.5 mile                  +375
                                          upstream of U.S. Route
                                          641.
Burnside Creek.........................  Approximately 150 feet                  +376  City of Camden,
                                          downstream of Eva Road.                       Unincorporated Areas of
                                                                                        Benton County.
                                         Approximately 0.4 mile                  +441
                                          upstream of Flatwoods
                                          Road.
Cane Creek.............................  At the Cypress Creek                    +376  City of Camden,
                                          confluence.                                   Unincorporated Areas of
                                                                                        Benton County.
                                         Approximately 0.6 mile                  +435
                                          upstream of Post Oak
                                          Road.
Charlie Creek..........................  At the Cane Creek                       +377  City of Camden,
                                          confluence.                                   Unincorporated Areas of
                                                                                        Benton County.
                                         Approximately 1,000 feet                +448
                                          upstream of State Route
                                          69A.
Cypress Creek..........................  At the Cane Creek                       +376  City of Camden,
                                          confluence.                                   Unincorporated Areas of
                                                                                        Benton County.
                                         Approximately 0.5 mile                  +409
                                          upstream of Old State
                                          Route 69.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
 
                                                    ADDRESSES
 
City of Camden
Maps are available for inspection at City Hall, 110 U.S. Route 641 South, Camden, TN 38320.
 
                                      Unincorporated Areas of Benton County
Maps are available for inspection at the Benton County Courthouse, 1 East Court Square, Room 104, Camden, TN
 38320.
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                                  Kaufman County, Texas, and Incorporated Areas
                                             Docket No.: FEMA-B-1144
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Brooklyn Branch........................  At the confluence with                  +457  City of Forney.
                                          Mustang Creek.
                                         Approximately 1,382 feet                +471
                                          upstream of Ridgecrest
                                          Road.
Buffalo Creek..........................  Just upstream of Union                  +389  City of Forney,
                                          Pacific Railroad.                             Unincorporated Areas of
                                                                                        Kaufman County.
                                         Just upstream of FM 740..               +403
Cedar Creek............................  Approximately 2.9 miles                 +342  City of Mabank,
                                          downstream of U.S. Route                      Unincorporated Areas of
                                          175.                                          Kaufman County.
                                         Approximately 1 mile                    +342
                                          downstream of State
                                          Highway 274.
Duck Creek.............................  Approximately 925 feet                  +458  Unincorporated Areas of
                                          downstream of Country                         Kaufman County.
                                          Road 337.
                                         Approximately 1,755 feet                +485
                                          upstream of FM 2728.

[[Page 30224]]

 
East Fork Trinity River................  Just upstream of Union                  +389  City of Dallas, City of
                                          Pacific Railroad.                             Heath, Unincorporated
                                                                                        Areas of Kaufman County.
                                         Approximately 0.85 mile                 +398
                                          upstream of the Rockwell-
                                          Forney Dam.
Mustang Creek..........................  Approximately 0.51 mile                 +413  City of Forney,
                                          upstream of Shady Brook                       Unincorporated Areas of
                                          Lane.                                         Kaufman County.
                                         Approximately 0.51 mile                 +480
                                          upstream of Ridgecrest
                                          Road.
Unnamed Tributary to Kings Creek.......  Approximately 1,600 feet                +486  City of Terrell,
                                          upstream of the                               Unincorporated Areas of
                                          confluence with Kings                         Kaufman County.
                                          Creek (Upper Reach).
                                         Approximately 0.91 mile                 +506
                                          upstream of the
                                          confluence with Kings
                                          Creek (Upper Reach).
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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.
 
                                                    ADDRESSES
 
City of Dallas
Maps are available for inspection at 320 East Jefferson Boulevard, Room 307, Dallas, TX 75203.
 
City of Forney
Maps are available for inspection at City Hall, 101 West Main Street, Forney, TX 75126.
 
City of Heath
Maps are available for inspection at City Hall, 200 Laurence Drive, Heath, TX 75032.
 
City of Mabank
Maps are available for inspection at City Hall, 129 East Market Street, Mabank, TX 75147.
 
City of Terrell
Maps are available for inspection at City Hall, 201 East Nash Street, Terrell, TX 75160.
 
                                     Unincorporated Areas of Kaufman County
Maps are available for inspection at the Kaufman County Courthouse, 100 West Mulberry Street, Kaufman, TX 75142.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')

    Dated: May 3, 2012.
Sandra K. Knight,
Deputy Associate Administrator for Mitigation, Department of Homeland 
Security, Federal Emergency Management Agency.
[FR Doc. 2012-12292 Filed 5-21-12; 8:45 am]
BILLING CODE 9110-12-P