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 Department of Homeland Security Federal Emergency Management Agency 44 CFR Part 67
[Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1155]
 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 notice 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 February 7, 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-1155, to Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3461, or (e-mail) 
                        *roy.e.wright@dhs.gov.*
 FOR FURTHER INFORMATION CONTACT: Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3461, or (e-mail) 
                        *roy.e.wright@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
  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 affectedEffective
Modified**Gilmer County, Georgia, and Incorporated Areas**Cartecay River
Approximately 0.24 mile upstream of the confluence with Owltown Creek
+1291
+1290
Unincorporated Areas of Gilmer County.Approximately 1.12 miles upstream of Holt Bridge Road
None
+1519( print page 68745)* 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 Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.**ADDRESSES****Unincorporated Areas of Gilmer County**Maps are available for inspection at the Gilmer County Courthouse, 1 Broad Street, Ellijay, GA 30540.**La Porte County, Indiana, and Incorporated Areas**Lake Michigan
Entire shoreline within community
None
+585
City of Michiana Shores, Unincorporated Areas of La Porte County.Lake Michigan
Entire shoreline within community
+587
+585
Town of Long Beach.Lake Michigan
Entire shoreline within community
+584
+585
City of Michigan City.Otter Creek
At the confluence with Trail Creek
None
+592
Town of Pottawattamie Park.Approximately 1,000 feet downstream of Karwick Road
None
+598Trail Creek
At the confluence with Lake Michigan
+584
+585
City of Michigan City.Approximately 1,100 feet upstream of E Street
+584
+585Trail Creek
Approximately 1,100 feet upstream of Liberty Trail Road
None
+591
Town of Pottawattamie Park.At the confluence with Otter Creek
None
+592White Ditch
Approximately 160 feet downstream of Michiana Drive
None
+604
City of Michiana Shores, City of Michigan City, Unincorporated Areas of La Porte County.Approximately 1,840 feet upstream of Oakdale Drive
None
+607* 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 Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.**ADDRESSES****City of Michiana Shores**Maps are available for inspection at City Hall, 601 El Portal South Drive, Michiana Shores, IN 46360.**City of Michigan City**Maps are available for inspection at City Hall, 100 East Michigan Boulevard, Michigan City, IN 46360.**Town of Long Beach**Maps are available for inspection at the Town Hall, 2400 Oriole Trail, Long Beach, IN 46360.**Town of Pottawattamie Park**Maps are available for inspection at the La Porte County Government Complex, 809 State Street, Suite 503A, La Porte, IN 46350.**Unincorporated Areas of La Porte County**Maps are available for inspection at the La Porte County Government Complex, 809 State Street, Suite 503A, La Porte, IN 46350.**Butte County, South Dakota, and Incorporated Areas**Belle Fourche River
Just upstream of U.S. Route 212
+3012
+3008
City of Belle Fourche, Unincorporated Areas of Butte County.Approximately 0.7 mile upstream of Fairground Road
+3017
+3019Hay Creek
Approximately 500 feet downstream of U.S. Route 85
+3041
+3042
City of Belle Fourche, Unincorporated Areas of Butte County.( print page 68746)Approximately 0.9 mile downstream of Black Angus Lane
None
+3089Redwater River
Approximately 1,200 feet downstream of U.S. Route 212 Business
+3018
+3016
City of Belle Fourche, Unincorporated Areas of Butte County.Approximately 700 feet upstream of U.S. Route 212 Business
+3024
+3023Willow Creek
Approximately 0.5 mile downstream of Snoma Street
None
+3022
City of Belle Fourche, Unincorporated Areas of Butte County.Approximately 1,650 feet downstream of West Wood Road
None
+3183* 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 Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.**ADDRESSES****City of Belle Fourche**Maps are available for inspection at 511 6th Avenue, Belle Fourche, SD 57717.**Unincorporated Areas of Butte County**Maps are available for inspection at 830 6th Avenue, Belle Fourche, SD 57717.**Custer County, South Dakota, and Incorporated Areas**Battle Creek
Approximately 1.6 miles downstream of Chicago and Northwest Railroad
None
+3262
Town of Hermosa, Unincorporated Areas of Custer County.Approximately 600 feet upstream of Paradise Road
+3390
+3388Ferguson Split Flow—Battle Creek
Approximately 0.5 mile downstream of Fairgrounds Place
None
+3260
Town of Hermosa, Unincorporated Areas of Custer County.Approximately 130 feet upstream of Donna Street
+3290
+3292Grace Coolidge Creek
Approximately 180 feet downstream of the divergence from Battle Creek
+3345
+3341
Unincorporated Areas of Custer County.Approximately 3.1 miles upstream of State Highway 36
None
+3473Railroad Spill Flow—Battle Creek
Just upstream of the confluence with Battle Creek
None
+3290
Town of Hermosa, Unincorporated Areas of Custer County.Just downstream of the divergence from Battle Creek
None
+3294South Bank Split Flow—Battle Creek
Approximately 1,200 feet upstream of the confluence with Battle Creek
None
+3310
Unincorporated Areas of Custer County.Approximately 870 feet upstream of Yellow Oak Road
None
+3325* 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 Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.**ADDRESSES****Town of Hermosa**Maps are available for inspection at 420 Mount Rushmore Road, Custer, SD 57730.**Unincorporated Areas of Custer County**Maps are available for inspection at 420 Mount Rushmore Road, Custer, SD 57730.( print page 68747)**Forest County, Wisconsin, and Incorporated Areas**Metonga Lake
Entire Shoreline within community
None
+1599
Unincorporated Areas of Forest County.Peshtigo Lake
Entire Shoreline within community
None
+1591
Unincorporated Areas of Forest County.Roberts Lake
Entire Shoreline within community
None
+1594
Unincorporated Areas of Forest County.* 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 Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.**ADDRESSES****Unincorporated Areas of Forest County**Maps are available for inspection at 200 East Madison Avenue, Crandon, WI 54520.**La Crosse County, Wisconsin, and Incorporated Areas**Black River
Approximately 0.5 mile downstream of the confluence with Davis Creek
None
+694
Unincorporated Areas of La Crosse County.Approximately 3.36 miles upstream of the confluence with Hardies Creek
None
+706Ebner Coulee Main Channel
Approximately 1,584 feet downstream of 29th Street
None
+659
City of La Crosse, Unincorporated Areas of La Crosse County.Approximately 1,584 feet upstream of 29th Street
None
+697Ebner Coulee Southeast Bank
Approximately 52.8 feet upstream of 29th Street
None
+665
City of La Crosse.Approximately 528 feet upstream of 29th Street
None
+673* 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 Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.**ADDRESSES****City of La Crosse**Maps are available for inspection at City Hall, 400 La Crosse Street, La Crosse, WI 54601.**Unincorporated Areas of La Crosse County**Maps are available for inspection at 400 4th Street North, La Crosse, WI 54601.
 (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)
 Dated: October 29, 2010. Sandra K. Knight, Deputy Federal Insurance and Mitigation Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency.


[FR Doc. 2010-28225 Filed 11-8-10; 8:45 am] BILLING CODE 9110-12-P