[Federal Register Volume 77, Number 163 (Wednesday, August 22, 2012)]
[Proposed Rules]
[Pages 50668-50671]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20646]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 67
[Docket ID FEMA-2012-0003; Internal Agency Docket No. FEMA-B-1213]
Proposed Flood Elevation Determinations
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Proposed rule; correction.
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SUMMARY: On August 25, 2011, FEMA published in the Federal Register a
proposed rule that contained an erroneous table. On October 4, 2011, a
correction to that original notice was published in the Federal
Register. This notice provides corrections to that initial table and
the correction notice, to be used in lieu of the information published
at 76 FR 53082 and at 76 FR 61295. The table provided here represents
the flooding sources, location of referenced elevations, effective and
modified elevations, and communities affected for Smith County, Texas,
and Incorporated Areas. Specifically, it addresses the flooding
sources: Black Fork Creek, Black Fork Creek Tributary BF-1, Black Fork
Creek Tributary BF-M-1, Black Fork Creek Tributary D, Black Fork Creek
Tributary D-1, Black Fork Creek Tributary D-2, Black Fork Creek
Tributary D-3, Butler Creek, Gilley Creek, Gilley Creek Tributary G-1,
Harris Creek, Henshaw Creek, Indian Creek, Ray Creek, Shackleford
Creek, West Mud Creek, West Mud Creek Tributary 11, West Mud Creek
Tributary B, West Mud Creek Tributary M-1, West Mud Creek Tributary M-
2, West Mud Creek Tributary M-A, West Mud Creek Tributary M-A.1, West
Mud Creek Tributary M-A.2, West Mud Creek Tributary M-C, West Mud Creek
Tributary M-C.1, West Mud Creek Tributary M-C.2, Wiggins Creek, and
Willow Creek.
DATES: Comments are to be submitted on or before November 20, 2012.
ADDRESSES: You may submit comments, identified by Docket No. FEMA-B-
1213, 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) publishes proposed determinations of Base (1% annual-chance)
Flood Elevations (BFEs) and modified BFEs for communities participating
in the National Flood Insurance Program (NFIP), 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 minimum requirements.
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.
Correction
In the proposed rule published at 76 FR 53082, in the August 25,
2011 issue of the Federal Register, and in the correction notice
published at 76 FR 61295, in the October 4, 2011 issue, FEMA published
a table and its corrections under the authority of 44 CFR 67.4. The
table, entitled ``Smith County, Texas, and Incorporated Areas''
addressed the flooding sources: Black Fork Creek, Black Fork Creek
Tributary BF-1, Black Fork Creek Tributary BF-
[[Page 50669]]
M-1, Black Fork Creek Tributary D, Black Fork Creek Tributary D-1,
Black Fork Creek Tributary D-2, Black Fork Creek Tributary D-3, Black
Fork Creek Tributary D-4, Black Fork Creek Tributary D-5, Butler Creek,
Gilley Creek, Gilley Creek Tributary G-1, Harris Creek, Henshaw Creek,
Indian Creek, Ray Creek, Shackleford Creek, West Mud Creek, West Mud
Creek Tributary 11, West Mud Creek Tributary B, West Mud Creek
Tributary M-1, West Mud Creek Tributary M-2, West Mud Creek Tributary
M-A, West Mud Creek Tributary M-A.1, West Mud Creek Tributary M-A.2,
West Mud Creek Tributary M-C, West Mud Creek Tributary M-C.1, West Mud
Creek Tributary M-C.2, Wiggins Creek, and Willow Creek. That table
contained inaccurate information as to the location of referenced
elevation, effective and modified elevation in feet, and/or communities
affected for the flooding sources: Black Fork Creek Tributary D, Black
Fork Creek Tributary D-1, Black Fork Creek Tributary D-2, Black Fork
Creek Tributary D-3, Harris Creek, Indian Creek, Shackleford Creek,
West Mud Creek, West Mud Creek Tributary 11, West Mud Creek Tributary
B, West Mud Creek Tributary M-1, West Mud Creek Tributary M-A.1, West
Mud Creek Tributary M-A.2, West Mud Creek Tributary M-C, West Mud Creek
Tributary M-C.1, West Mud Creek Tributary M-C.2, and Willow Creek. The
table also contained two flooding sources, Black Fork Creek Tributary
D-4 and Black Fork Creek Tributary D-5, which were removed from the
original publication. In this notice, FEMA is publishing a table
containing the accurate information, to address these prior errors. The
information provided below should be used in lieu of that previously
published.
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* Elevation in feet
(NGVD) + Elevation in
feet (NAVD)
Depth in feet above
Flooding source(s) Location of referenced ground [caret] Communities affected
elevation ** Elevation in meters
(MSL)
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Effective Modified
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Smith County, Texas, and Incorporated Areas
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Black Fork Creek.................... Approximately 0.43 mile None +380 City of Tyler,
upstream of the Unincorporated Areas
Prairie Creek West of Smith County.
confluence.
Approximately 0.71 mile +530 +531
upstream of East 5th
Street.
Black Fork Creek Tributary BF-1..... At the Black Fork Creek +434 +436 City of Tyler,
confluence. Unincorporated Areas
of Smith County.
Approximately 1.2 miles None +476
upstream of Loop 323.
Black Fork Creek Tributary BF-M-1... At the Black Fork Creek +495 +496 City of Tyler.
confluence.
Approximately 1,475 None +523
feet upstream of
Devine Street.
Black Fork Creek Tributary D........ At the Black Fork Creek +468 +469 City of Tyler.
confluence.
Approximately 1,180 +509 +508
feet upstream of East
Front Street.
Black Fork Creek Tributary D-1...... At the Black Fork Creek +477 +473 City of Tyler.
Tributary D confluence.
Approximately 1,770 +477 +479
feet upstream of the
Black Fork Creek
Tributary D confluence.
Black Fork Creek Tributary D-2...... At the Black Fork Creek +488 +487 City of Tyler.
Tributary D confluence.
Approximately 1,053 +488 +490
feet upstream of
Townsend Avenue.
Black Fork Creek Tributary D-3...... At the Black Fork Creek +492 +488 City of Tyler.
Tributary D confluence.
At Elm Street.......... +493 +491
Butler Creek........................ Approximately 340 feet None +361 City of Tyler,
upstream of FM 2661. Unincorporated Areas
of Smith County.
Approximately 640 feet None +457
upstream of State
Route 155.
Gilley Creek........................ Approximately 310 feet None +379 City of Tyler,
downstream of FM 848. Unincorporated Areas
of Smith County.
Approximately 150 feet None +474
upstream of University
Boulevard.
Gilley Creek Tributary G-1.......... At the Gilley Creek None +426 City of Tyler,
confluence. Unincorporated Areas
of Smith County.
Approximately 1.14 None +478
miles upstream of
County Road 2120.
Harris Creek........................ Approximately 300 feet None +329 Unincorporated Areas of
upstream of the Ray Smith County.
Creek confluence.
Approximately 2.16 None +463
miles upstream of FM
850.
Henshaw Creek....................... At the West Mud Creek +381 +383 Unincorporated Areas of
confluence. Smith County.
[[Page 50670]]
Approximately 0.71 mile +475 +477
upstream of County
Road 165.
Indian Creek........................ Approximately 490 feet None +349 City of Tyler,
upstream of the Lake Unincorporated Areas
Palestine confluence. of Smith County.
Approximately 1,950 None +473
feet upstream of Loop
323.
Ray Creek........................... Approximately 0.37 mile None +332 Unincorporated Areas of
upstream of the Harris Smith County.
Creek confluence.
Approximately 525 feet None +436
upstream of Old
Gladwater Highway.
Shackleford Creek................... At the West Mud Creek +380 +383 City of Tyler,
confluence. Unincorporated Areas
of Smith County.
Approximately 620 feet None +481
upstream of Paluxy
Drive (FM 756).
West Mud Creek...................... Approximately 200 feet +360 +361 City of Tyler,
upstream of FM 344 Unincorporated Areas
East. of Smith County.
Approximately 1,300 +495 +496
feet upstream of Easy
Street.
West Mud Creek Tributary 11......... At the West Mud Creek +417 +419 City of Tyler.
confluence.
Approximately 400 feet None +462
upstream of Holly
Creek Drive.
West Mud Creek Tributary B.......... Approximately 125 feet +468 +467 City of Tyler.
upstream of the West
Mud Creek confluence.
Approximately 125 feet +505 +504
upstream of Paluxy
Drive.
West Mud Creek Tributary M-1........ At the West Mud Creek +442 +444 City of Tyler.
Tributary M-A
confluence.
Approximately 1,440 +487 +485
feet upstream of Cross
Creek Circle.
West Mud Creek Tributary M-2........ Approximately 425 feet +464 +463 City of Tyler.
upstream of the West
Mud Creek confluence.
Approximately 1,510 +481 +469
feet upstream of
Barbee Drive.
West Mud Creek Tributary M-A........ Approximately 200 feet +445 +444 City of Tyler.
upstream of the West
Mud Creek confluence.
Approximately 80 feet None +509
upstream of Woodland
Hills Drive.
West Mud Creek Tributary M-A.1...... At the West Mud Creek +472 +471 City of Tyler.
Tributary M-A
confluence.
Approximately 680 feet +487 +485
upstream of Rice Road.
West Mud Creek Tributary M-A.2...... At the West Mud Creek None +487 City of Tyler.
Tributary M-A
confluence.
Approximately 830 feet None +493
upstream of the West
Mud Creek Tributary M-
A confluence.
West Mud Creek Tributary M-C........ Approximately 450 feet +478 +477 City of Tyler.
upstream of the West
Mud Creek confluence.
Approximately 50 feet None +530
upstream of Old
Jacksonville Highway.
West Mud Creek Tributary M-C.1...... Approximately 160 feet +489 +488 City of Tyler.
upstream of the West
Mud Creek Tributary M-
C confluence.
Approximately 1,010 +490 +491
feet upstream of New
Copeland Road.
West Mud Creek Tributary M-C.2...... At the West Mud Creek None +502 City of Tyler.
Tributary M-C
confluence.
Approximately 1,000 None +511
feet upstream of Old
Bullard Road.
Wiggins Creek....................... At the downstream side None +327 Unincorporated Areas of
of the railroad. Smith County.
Approximately 0.83 mile None +373
upstream of Harris
Creek Church Road.
Willow Creek........................ At the Black Fork Creek +419 +423 City of Tyler,
confluence. Unincorporated Areas
of Smith County.
Approximately 1.48 +482 +480
miles upstream of Loop
323 North-Northwest.
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[[Page 50671]]
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
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** 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 Tyler
Maps are available for inspection at the Development Services Office, 423 West Ferguson Street, Tyler, TX 75702.
Unincorporated Areas of Smith County
Maps are available for inspection at the Smith County Courthouse, 100 North Broadway Avenue, Tyler, TX 75702.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')
Dated: August 8, 2012.
Sandra K. Knight,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2012-20646 Filed 8-21-12; 8:45 am]
BILLING CODE 9110-12-P