[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)
                                                              --------------------------
                                                                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