Federal Register/Vol. 77, No. 250/Monday, December 31
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76916 Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Rules and Regulations Location and case Date and name of newspaper Effective date of Community State and county No. where notice was published Chief executive officer of community modification No. Texas: Tarrant City of Keller (11– June 24, 2011, July 1, 2011, The Honorable Pat McGrail, Mayor, City October 31, 2011 ........... 480602 (FEMA Docket 06–2181P). The Fort Worth Star-Tele- of Keller, 1100 Bear Creek Parkway, No.: B–1225). gram. Keller, TX 76248. (Catalog of Federal Domestic Assistance No. ADDRESSES: The final BFEs for each 10, Environmental Consideration. An 97.022, ‘‘Flood Insurance.’’) community are available for inspection environmental impact assessment has at the office of the Chief Executive not been prepared. James A. Walke, Officer of each community. The Regulatory Flexibility Act. As flood Acting Deputy Associate Administrator for respective addresses are listed in the elevation determinations are not within Mitigation, Department of Homeland table below. Security, Federal Emergency Management the scope of the Regulatory Flexibility Agency. FOR FURTHER INFORMATION CONTACT: Luis Act, 5 U.S.C. 601–612, a regulatory Rodriguez, Chief, Engineering [FR Doc. 2012–31348 Filed 12–28–12; 8:45 am] flexibility analysis is not required. Management Branch, Federal Insurance BILLING CODE 9110–12–P Regulatory Classification. This final and Mitigation Administration, Federal rule is not a significant regulatory action Emergency Management Agency, 500 C under the criteria of section 3(f) of Street SW., Washington, DC 20472, DEPARTMENT OF HOMELAND Executive Order 12866 of September 30, (202) 646–4064, or (email) SECURITY 1993, Regulatory Planning and Review, [email protected]. 58 FR 51735. Federal Emergency Management SUPPLEMENTARY INFORMATION: The Executive Order 13132, Federalism. Agency Federal Emergency Management Agency This final rule involves no policies that (FEMA) makes the final determinations have federalism implications under 44 CFR Part 67 listed below for the modified BFEs for Executive Order 13132. [Docket ID FEMA–2012–0003] each community listed. These modified elevations have been published in Executive Order 12988, Civil Justice Final Flood Elevation Determinations newspapers of local circulation and Reform. This final rule meets the ninety (90) days have elapsed since that applicable standards of Executive Order AGENCY: Federal Emergency publication. The Deputy Associate 12988. Management Agency, DHS. Administrator for Mitigation has List of Subjects in 44 CFR Part 67 ACTION: Final rule. resolved any appeals resulting from this notification. SUMMARY: Base (1% annual-chance) Administrative practice and This final rule is issued in accordance Flood Elevations (BFEs) and modified procedure, Flood insurance, Reporting with section 110 of the Flood Disaster BFEs are made final for the and recordkeeping requirements. Protection Act of 1973, 42 U.S.C. 4104, communities listed below. The BFEs and 44 CFR part 67. FEMA has Accordingly, 44 CFR part 67 is and modified BFEs are the basis for the developed criteria for floodplain amended as follows: floodplain management measures that management in floodprone areas in each community is required either to PART 67—[AMENDED] accordance with 44 CFR part 60. adopt or to show evidence of being Interested lessees and owners of real ■ already in effect in order to qualify or property are encouraged to review the 1. The authority citation for part 67 remain qualified for participation in the proof Flood Insurance Study and FIRM continues to read as follows: National Flood Insurance Program available at the address cited below for Authority: 42 U.S.C. 4001 et seq.; (NFIP). each community. The BFEs and Reorganization Plan No. 3 of 1978, 3 CFR, DATES: The date of issuance of the Flood modified BFEs are made final in the 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, Insurance Rate Map (FIRM) showing communities listed below. Elevations at 3 CFR, 1979 Comp., p. 376. BFEs and modified BFEs for each selected locations in each community § 67.11 [Amended] community. This date may be obtained are shown. by contacting the office where the maps National Environmental Policy Act. ■ 2. The tables published under the are available for inspection as indicated This final rule is categorically excluded authority of § 67.11 are amended as in the table below. from the requirements of 44 CFR part follows: * Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation # Depth in feet Communities affected above ground ∧ Elevation in me- ters (MSL) modified Cobb County, Georgia, and Incorporated Areas Docket No.: FEMA–B–1233 Buttermilk Creek ....................... At the Sweetwater Creek confluence .................................. +892 City of Austell, Unincor- porated Areas of Cobb County. VerDate Mar<15>2010 01:38 Dec 29, 2012 Jkt 229001 PO 00000 Frm 00108 Fmt 4700 Sfmt 4700 E:\FR\FM\31DER1.SGM 31DER1 ebenthall on DSK5TPTVN1PROD with Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Rules and Regulations 76917 * Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation # Depth in feet Communities affected above ground ∧ Elevation in me- ters (MSL) modified Approximately 1.0 mile upstream of the Sweetwater Creek +892 confluence. Chattahoochee River ................ Approximately 2.9 miles downstream of I–20 ..................... +760 City of Smyrna, Unincor- porated Areas of Cobb County. Approximately 1.8 miles upstream of Morgan Falls Dam ... +861 Concord Creek .......................... At the Nickajack Creek confluence ..................................... +894 Unincorporated Areas of Cobb County. Approximately 720 feet upstream of Auldyn Drive ............. +999 Cooper Lake Creek .................. Approximately 1,200 feet upstream of the Nickajack Creek +825 City of Smyrna, Unincor- confluence. porated Areas of Cobb County. At the upstream side of Gann Road Southeast .................. +892 Favor Creek .............................. At the Nickajack Creek confluence ..................................... +913 Unincorporated Areas of Cobb County. Approximately 1.55 miles upstream of the Nickajack +1001 Creek confluence. Gilmore Creek ........................... At the Chattahoochee River confluence ............................. +774 Unincorporated Areas of Cobb County. Approximately 0.64 mile upstream of the Chattahoochee +774 River confluence. Gothards Creek ........................ At the Sweetwater Creek confluence .................................. +905 Unincorporated Areas of Cobb County. At the Douglas County boundary ........................................ +905 Harmony Grove Creek .............. At the Willeo Creek confluence ........................................... +898 Unincorporated Areas of Cobb County. At the upstream side of Johnson Ferry Road ..................... +1052 Laurel Creek ............................. At the Nickajack Creek confluence ..................................... +802 City of Smyrna, Unincor- porated Areas of Cobb County. Approximately 500 feet upstream of Lee Street Southeast +984 Liberty Hill Branch .................... At the Queen Creek confluence .......................................... +774 Unincorporated Areas of Cobb County. Approximately 0.95 mile upstream of the Queen Creek +911 confluence. Little Noonday Creek ................ At the Noonday Creek confluence ...................................... +905 Unincorporated Areas of Cobb County. Approximately 0.5 mile upstream of the Noonday Creek +905 confluence. Lost Mountain Creek ................ At the Wildhorse Creek confluence .................................... +903 City of Powder Springs, Un- incorporated Areas of Cobb County. Approximately 1,250 feet upstream of Macedonia Road +943 Southwest. Milam Branch ............................ At the Queen Creek confluence .......................................... +904 Unincorporated Areas of Cobb County. Approximately 200 feet upstream of Francis Circle South- +1013 west. Mill Creek No. 2 ........................ At the Nickajack Creek confluence ..................................... +902 Unincorporated Areas of Cobb County. Approximately 150 feet upstream of Hicks Road South- +963 west. Mud Creek ................................ At the Noses Creek confluence .......................................... +908 Unincorporated Areas of Cobb County. Approximately 0.4 mile upstream of the Noses Creek con- +911 fluence. Nickajack Creek ........................ At the Chattahoochee River confluence ............................. +764 City of Smyrna, Unincor- porated Areas of Cobb County. Approximately 200 feet upstream of South Cobb Drive ..... +1049 Noonday Creek ......................... At the Cherokee County boundary ..................................... +895 City of Kennesaw, City of Marietta, Unincorporated Areas of Cobb County. Approximately 350 feet upstream of New Salem Road ..... +1023 Noonday Creek Tributary No. 4 At the Noonday Creek confluence ...................................... +927 Unincorporated Areas of Cobb County. VerDate Mar<15>2010 01:38 Dec 29, 2012 Jkt 229001 PO 00000 Frm 00109 Fmt 4700 Sfmt 4700 E:\FR\FM\31DER1.SGM 31DER1 ebenthall on DSK5TPTVN1PROD with 76918 Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Rules and Regulations * Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation