19018 Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Proposed Rules 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: March 21, 2011. 

Sandra K. Knight, 

Deputy Federal Insurance and Mitigation 

Administrator, Mitigation, Department of 

Homeland Security, Federal Emergency 

Management Agency. 

[FR Doc. 2011–8113 Filed 4–5–11; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

Docket ID FEMA–2011–0002 

[Internal Agency Docket No. FEMA–B–1179] 

Proposed Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Proposed rule. 

SUMMARY: Comments are requested on 

the proposed Base (1% annual-chance) 

Flood Elevations (BFEs) and proposed 

BFE modifications for the communities 

listed in the table below. The purpose 

of this proposed rule is to seek general 

information and comment regarding the 

proposed regulatory flood elevations for 

the reach described by the downstream 

and upstream locations in the table 

below. The BFEs and modified BFEs are 

a part of the floodplain management 

measures that the community is 

required either to adopt or to show 

evidence of having in effect in order to 

qualify or remain qualified for 

participation in the National Flood 

Insurance Program (NFIP). In addition, 

these elevations, once finalized, will be 

used by insurance agents and others to 

calculate appropriate flood insurance 

premium rates for new buildings and 

the contents in those buildings. 

DATES: Comments are to be submitted 

on or before July 5, 2011. 

ADDRESSES: The corresponding 

preliminary Flood Insurance Rate Map 

(FIRM) for the proposed BFEs for each 

community is available for inspection at 

the community’s map repository. The 

respective addresses are listed in the 

table below. 

You may submit comments, identified 

by Docket No. FEMA–B–1179, 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 (e-mail) 

luis.rodriguez1@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 (e-mail) 

luis.rodriguez1@dhs.gov. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) proposes to make 

determinations of BFEs and modified 

BFEs for each community listed below, 

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 the minimum that are required. 

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. 

Comments on any aspect of the Flood 

Insurance Study and FIRM, other than 

the proposed BFEs, will be considered. 

A letter acknowledging receipt of any 

comments will not be sent. 

National Environmental Policy Act. This 

proposed 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. 

Executive Order 12866, Regulatory 

Planning and Review. This proposed 

rule is not a significant regulatory 

action under the criteria of section 3(f) 

of Executive Order 12866, as 

amended. 

Executive Order 13132, Federalism. 

This proposed rule involves no 

policies that have federalism 

implications under Executive Order 

13132. 

Executive Order 12988, Civil Justice 

Reform. This proposed 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 

proposed to be amended as follows: 

PART 67—[AMENDED] 

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. 

§ 67.4 [Amended] 

2. The tables published under the 

authority of § 67.4 are proposed to be 

amended as follows: 

Flooding source(s) Location of referenced elevation ** 

*Elevation in feet (NGVD) 

+Elevation in feet 

(NAVD) 

#Depth in feet 

above ground 

∧Elevation in meters 

(MSL) 

Communities affected 

Effective Modified 

Larimer County, Colorado, and Incorporated Areas 

Boxelder Creek Overflow 

Downstream.

Approximately 914 feet downstream of Highway 14 ... +4935 +4933 Unincorporated Areas of 

Larimer County. 


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Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Proposed Rules 19019 

Flooding source(s) Location of referenced elevation ** 

*Elevation in feet (NGVD) 

+Elevation in feet 

(NAVD) 

#Depth in feet 

above ground 

∧Elevation in meters 

(MSL) 

Communities affected 

Effective Modified 

Approximately 0.6 mile upstream of Highway 14 ........ +4949 +4947 

Boxelder Creek Overflow 

West.

Approximately 235 feet downstream of I–25 Frontage 

Road.

+4927 +4928 Unincorporated Areas of 

Larimer County. 

Approximately 185 feet downstream of Mulberry 

Street.

None +4933 

Business Park Denrose ........ Approximately 135 feet upstream of Denrose Court ... +4933 +4932 Unincorporated Areas of 

Larimer County. 

Approximately 360 feet upstream of Denrose Court ... +4933 +4934 

Business Park Middle ........... Approximately 550 feet downstream of Denrose Court +4929 +4930 Unincorporated Areas of 

Larimer County. 

Approximately 75 feet downstream of Denrose Court +4933 +4931 

Business Park South ............ Approximately 140 feet downstream of Denrose Court +4933 +4931 Unincorporated Areas of 

Larimer County. 

At the downstream side of Denrose Court ................... +4933 +4934 

Business Park West .............. Approximately 260 feet downstream of Denrose Court +4929 +4930 Unincorporated Areas of 

Larimer County. 

At the upstream side of Denrose Court ....................... +4933 +4932 

Cache La Poudre L Path ...... Approximately 350 feet downstream of Prospect Road +4890 +4886 City of Fort Collins, Unincorporated Areas of 

Larimer County. 

Approximately 440 feet downstream of Timberline 

Road.

+4912 +4910 

Cache La Poudre Lowflow 

Channel.

Approximately 450 feet downstream of County Road 

9.

+4881 +4882 City of Fort Collins. 

Approximately 300 feet downstream of County Road 

9.

+4882 +4883 

Cache La Poudre River ........ Approximately 800 feet downstream of County Road 

9.

+4882 +4883 City of Fort Collins. 

Approximately 680 feet downstream of Prospect Road +4897 +4898 

Shields Street Divided Flow 

Path—Windtrail Swale 

(backwater effects from 

Spring Creek).

From the Spring Creek confluence to approximately 

600 feet upstream of the Spring Creek confluence.

+5001 +5000 City of Fort Collins. 

Shields Street Overflow ........ Approximately 190 feet downstream of Hill Pond 

Road.

+5019 +5020 City of Fort Collins. 

Approximately 360 feet upstream of Hill Pond Road ... +5025 +5024 

Spring Canyon Park Diversion.At the upstream side of Spring Canyon Park Weir ...... +5114 +5122 City of Fort Collins. 

Approximately 1,450 feet upstream of Spring Canyon 

Park Weir.

+5124 +5125 

Spring Creek ......................... Approximately 970 feet downstream of Prospect Road +4906 +4904 City of Fort Collins, Unincorporated Areas of 

Larimer County. 

Approximately 0.7 mile upstream of Spring Canyon 

Park Pedestrian Trail.

+5168 +5167 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

∧ Mean Sea Level, rounded to the nearest 0.1 meter. 

** 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 Fort Collins 

Maps are available for inspection at the Stormwater Utilities Department, 700 Wood Street, Fort Collins, CO 80521. 

Unincorporated Areas of Larimer County 

Maps are available for inspection at 200 West Oak Street, Fort Collins, CO 80521. 

Washtenaw County, Michigan (All Jurisdictions) 

Huron River ........................... Approximately 620 feet downstream of the railroad .... None +718 Township of Superior. 


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19020 Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Proposed Rules 

Flooding source(s) Location of referenced elevation ** 

*Elevation in feet (NGVD) 

+Elevation in feet 

(NAVD) 

#Depth in feet 

above ground 

∧Elevation in meters 

(MSL) 

Communities affected 

Effective Modified 

Approximately 630 feet upstream of Superior Road .... None +719 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

∧ Mean Sea Level, rounded to the nearest 0.1 meter. 

** 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 

Township of Superior 

Maps are available for inspection at 3040 North Prospect Road, Ypsilanti, MI 49198. 

Bennington County, Vermont (All Jurisdictions) 

Batten Kill .............................. Approximately 0.65 mile downstream of River Road ... +522 +524 Town of Arlington, Town of 

Manchester, Town of 

Sunderland, Village of 

Manchester. 

Approximately 100 feet upstream of Union Street ....... +682 +683 

Furnace Brook ...................... Approximately 100 feet downstream of Percy Road ... +577 +578 Town of Bennington. 

Approximately 135 feet upstream of Park Street ......... +650 +648 

Hoosic River .......................... At the Rensselaer County, New York, boundary ......... +500 +498 Town of Pownal. 

At the Berkshire County, Massachusetts, boundary .... +566 +567 

South Stream ........................ At the downstream side of Hunt Street ........................ +621 +620 Town of Bennington. 

Approximately 0.5 mile upstream of the Jewett Brook 

confluence.

None +753 

Walloomsac River ................. Approximately 1,000 feet downstream of Murphy 

Road.

+551 +550 Town of Bennington. 

Approximately 2,050 feet downstream of Town Highway 32.+580 +578 

Walloomsac River ................. Approximately 90 feet upstream of River Road ........... None +542 Village of North 

Bennington. 

Approximately 0.53 mile downstream of Murphy Road None +546 

Warm Brook .......................... Approximately 1.28 miles upstream of Ubu Lane ........ +773 +772 Town of Arlington, Town of 

Shaftsbury. 

Approximately 2.54 miles upstream of Ubu Lane ........ None +781 

West Branch Batten Kill ........ Approximately 50 feet upstream of Depot Street ......... +698 +699 Town of Manchester. 

Approximately 1.09 miles upstream of Rec Park Road None +775 

Winhall River ......................... At the Windham County boundary ............................... +1250 +1249 Town of Winhall.

Approximately 1,800 feet upstream of Arthur Court .... None +1511 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

∧ Mean Sea Level, rounded to the nearest 0.1 meter. 

** 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 

Town of Arlington 

Maps are available for inspection at 3828 Vermont Route 7A, Arlington, VT 05250. 

Town of Bennington 

Maps are available for inspection at 205 South Street, Bennington, VT 05201. 

Town of Manchester 

Maps are available for inspection at 6039 Main Street, Manchester, VT 05255. 

Town of Pownal 

Maps are available for inspection at 467 Center Street, Pownal, VT 05261. 

Town of Shaftsbury 

Maps are available for inspection at 61 Buck Hill Road, Shaftsbury, VT 05262. 


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Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Proposed Rules 19021 

Flooding source(s) Location of referenced elevation ** 

*Elevation in feet (NGVD) 

+Elevation in feet 

(NAVD) 

#Depth in feet 

above ground 

∧Elevation in meters 

(MSL) 

Communities affected 

Effective Modified 

Town of Sunderland 

Maps are available for inspection at 181 South Road, East Arlington, VT 05252. 

Town of Winhall 

Maps are available for inspection at 3 River Road, Bondville, VT 05340. 

Village of Manchester 

Maps are available for inspection at 45 Union Street, Manchester, VT 05254. 

Village of North Bennington 

Maps are available for inspection at the Bennington Train Depot, Main Street, North Bennington, VT 05257. 

Lewis County, Washington, and Incorporated Areas 

Chehalis River ....................... Approximately 0.84 mile upstream of Prather Road .... +150 +151 City of Centralia, City of 

Chehalis, Unincorporated Areas of Lewis 

County. 

Approximately 0.7 mile upstream of Elk Creek Road .. None +324 

China Creek (backwater effects from Chehalis River).Approximately 220 feet downstream of I–5 ................. +176 +177 City of Centralia. 

Approximately 80 feet downstream of Cedar Street .... +176 +177 

China Creek (backwater effects from Skookumchuck 

River).

Approximately 74 feet upstream of North Gold Street +188 +190 City of Centralia. 

Approximately 1,335 feet upstream of North Gold 

Street.

+189 +190 

Coal Creek (backwater effects from Salzer Creek).At the Salzer Creek confluence ................................... +179 +181 City of Chehalis. 

At the downstream side of National Avenue ................ +179 +181 

Coffee Creek (backwater effects from Skookumchuck 

River).

At the Skookumchuck River confluence ...................... +186 +187 City of Centralia, Unincorporated Areas of Lewis 

County. 

At the upstream side of Reynolds Avenue .................. +187 +191 

Eagle Creek (backwater effects from Lincoln Creek).At the Lincoln Creek confluence .................................. None +155 Unincorporated Areas of 

Lewis County. 

Approximately 2.3 miles upstream of Lincoln Creek 

Road.

None +155 

Elk Creek (backwater effects 

from Chehalis River).

At the Chehalis River confluence ................................. +305 +317 Unincorporated Areas of 

Lewis County. 

Approximately 0.43 mile upstream of Elk Creek Road +316 +317 

Hanaford Creek ..................... At the Skookumchuck River confluence ...................... +201 +202 Unincorporated Areas of 

Lewis County. 

Approximately 0.46 mile upstream of the Packwood 

Creek confluence.

None +217 

Lincoln Creek ........................ Approximately 722 feet upstream of the Chehalis 

River confluence.

+154 +155 Unincorporated Areas of 

Lewis County. 

At the downstream side of Teague Road .................... None +159 

Salzer Creek ......................... At the Chehalis River confluence ................................. +179 +181 City of Centralia, City of 

Chehalis, Unincorporated Areas of Lewis 

County. 

Approximately 0.32 mile upstream of Proffitt Road ..... +190 +191 

Skookumchuck River ............ At the upstream side of Reynolds Street ..................... +187 +191 City of Centralia, Unincorporated Areas of Lewis 

County. 

Approximately 0.98 mile upstream of Downing Road .. +207 +212 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

∧ Mean Sea Level, rounded to the nearest 0.1 meter. 

** 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. 


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19022 Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Proposed Rules 

Flooding source(s) Location of referenced elevation ** 

*Elevation in feet (NGVD) 

+Elevation in feet 

(NAVD) 

#Depth in feet 

above ground 

∧Elevation in meters 

(MSL) 

Communities affected 

Effective Modified 

ADDRESSES 

City of Centralia 

Maps are available for inspection at 118 West Maple Street, Centralia, WA 98531. 

City of Chehalis 

Maps are available for inspection at 1321 South Market Boulevard, Chehalis, WA 98532. 

Unincorporated Areas of Lewis County 

Maps are available for inspection at 351 Northwest North Street, Chehalis, WA 98532. 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: March 7, 2011. 

Sandra K. Knight, 

Deputy Federal Insurance and Mitigation 

Administrator, Mitigation, Department of 

Homeland Security, Federal Emergency 

Management Agency. 

[FR Doc. 2011–8116 Filed 4–5–11; 8:45 am] 

BILLING CODE 9110–12–P 

FEDERAL MARITIME COMMISSION 

46 CFR Part 502 

[Docket No. 11–05] 

RIN 3072–AC43 

Rules of Practice and Procedure 

AGENCY: Federal Maritime Commission. 

ACTION: Advance notice of proposed 

rulemaking. 

SUMMARY: The Federal Maritime 

Commission (FMC or Commission) is 

seeking comments on possible 

amendments to its Rules of Practice and 

Procedure to update and clarify its 

rules, and to reduce the burden on 

parties to proceedings before the 

Commission. 

DATES: Submit comments on or before 

May 6, 2011. 

ADDRESSES: Address all comments 

concerning this advance notice of 

proposed rulemaking to Karen V. 

Gregory, Secretary, Federal Maritime 

Commission, 800 North Capitol Street, 

NW., Washington, DC 20573–0001. 

Submit electronic comments to 

secretary@fmc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Karen V. Gregory, Secretary, Federal 

Maritime Commission, 800 North 

Capitol Street, NW., Washington, DC 

20573–0001, Tel.: (202) 523–5725. Email: secretary@fmc.gov. Rebecca A. 

Fenneman, General Counsel, Federal 

Maritime Commission, 800 North 

Capitol Street, NW., Washington, DC 

20573–0001, Tel.: (202) 523–5740. Email: generalcounsel@fmc.gov. 

SUPPLEMENTARY INFORMATION: The 

Commission proposes to amend part 

502 of title 46 of the Code of Federal 

Regulations to update and improve its 

Rules of Practice and Procedure, 46 CFR 

part 502. The rules in 46 CFR 502.1– 

502.991 are designed to secure just, 

speedy, and inexpensive resolution of 

proceedings before the Commission. On 

February 24, 2011, certain changes to 

subparts A, H, I, S, and T of part 502 

were published in the Federal Register, 

76 FR 10258 (February 24, 2011) and are 

now in effect. The Commission intends 

to update and revise the rest of its Rules 

of Practice and Procedure. By this 

advance notice, it seeks public comment 

addressing existing rules that should be 

updated to reflect current practices and 

technologies, or could be improved to 

bring about more efficient and userfriendly procedures. Following receipt 

and consideration of comments, the 

Commission intends to issue specific 

proposed rules in a Notice of Proposed 

Rulemaking and solicit additional 

public comment on its proposal. 

A. Modernization and Efficiency 

Enhancement 

The Commission proposes to amend 

and update any rules in part 502 that 

may be appropriate in order to improve 

their effectiveness and enhance 

administrative efficiency, both in use of 

material and human resources. In line 

with this goal, the recent revision to 

subpart A requests all filings to be 

submitted in electronic PDF format, as 

well as paper. This first step towards 

accepting documents in electronic form 

will give the Commission an 

opportunity to develop new internal 

procedures that reduce paper and staff 

time. The Commission is interested in 

suggestions and information from the 

public regarding electronic filing and 

docket systems they have used and 

found most efficient and user-friendly. 

The Commission intends to make the 

best use of electronic resources 

currently at its disposal and recognizes 

the importance of electronic 

communications. 

The Commission contemplates 

editorial revisions to clarify language as 

well as substantive changes to make the 

rules more effective and efficient for the 

industry and the Commission. All 

procedural rules are being examined for 

possible revision. At the outset, some of 

the initial candidates for change are: 

qualification of non-attorney 

practitioners, 46 CFR 502.27; content of 

filed complaints and answers, 46 CFR 

502.62–502.64; intervention by the 

Bureau of Enforcement in complaint 

proceedings, 46 CFR 502.42; rules 

governing computation of time, time of 

filing, and enlargements of time, 46 CFR 

subpart G; hearing procedures, 46 CFR 

subpart J; requirements for filing briefs, 

including the time periods for filing 

exceptions, page limits, and contents, 46 

CFR subpart M; and the functions and 

authorities of the presiding officer in 

proceedings. Consideration will also be 

given to the possible addition of rules 

for the use of summary judgment in 

proceedings; voluntary and involuntary 

dismissal of complaints in line with the 

Federal Rules of Civil Procedure (FRCP); 

and the use of cross-claims and thirdparty complaints in Commission 

proceedings. 

Additionally, the Commission seeks 

comment on whether it should amend 

its rules on filing and service of 

documents. Several federal agencies 

now require physical receipt of 

documents to meet filing and/or service 

deadlines. Currently the Commission’s 

rule provides that ‘‘the date of filing 

shall be either the date on which the 

pleading, document, or paper is 

physically delivered to the Commission 


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