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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-1153]
 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-1153, 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:
                            ( print page 68739) 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**Harrison County, Iowa, and Incorporated Areas**Boyer River (Left Overbank)
Approximately 0.66 mile upstream of I-29
None
+1003
Unincorporated Areas of Harrison County.Approximately 150 feet upstream of 296th Street
None
+1018Boyer River (Left Overbank) (overflow effects from Missouri River)
From the Pottawattamie County boundary to approximately 0.66 mile upstream of I-29
None
+1003
Unincorporated Areas of Harrison County.Boyer River (Right Overbank)
Approximately 200 feet upstream of I-29
None
+1003
City of Missouri Valley, Unincorporated Areas of Harrison County.Approximately 150 feet upstream of 296th Street
None
+1018Boyer River (Right Overbank) (overflow effects from Missouri River)
From the Pottawattamie County boundary to approximately 200 feet upstream of I-29
None
+1003
Unincorporated Areas of Harrison County.Boyer River (Riverward)
Approximately 250 feet downstream of I-29
None
+1003
Unincorporated Areas of Harrison County.Approximately 150 feet upstream of 296th Street
None
+1018Boyer River (Riverward) (overflow effects from Missouri River)
From the Pottawattamie County boundary to approximately 250 feet downstream of I-29
None
+1003
Unincorporated Areas of Harrison County.Little Sioux River (Left Overbank)
At the confluence with the Missouri River
None
+1029
City of Little Sioux, Unincorporated Areas of Harrison County.Approximately 2,000 feet upstream of 120th Street
None
+1040Little Sioux River (Right Overbank)
At the confluence with the Missouri River
None
+1029
Unincorporated Areas of Harrison County.Approximately 2,000 feet upstream of 120th Street
None
+1040Little Sioux River (Riverward)
At the confluence with the Missouri River
None
+1029
Unincorporated Areas of Harrison County.Approximately 2,000 feet upstream of 120th Street
None
+1041Missouri River
Approximately 0.88 mile upstream of the Pottawattamie County boundary
+1003
+1004
City of Missouri Valley, City of Modale, City of Mondamin, Unincorporated Areas of Harrison County.At the Monona County boundary
+1032
+1034Willow Creek (Left Overbank)
Approximately 1.48 miles upstream of the confluence with the Boyer River
None
+1006
Unincorporated Areas of Harrison County.Approximately 50 feet downstream of Canal Street
None
+1008Willow Creek (Left Overbank)
Approximately 0.75 mile upstream of Huron Street
None
+1010
City of Missouri Valley, Unincorporated Areas of Harrison County.Approximately 0.45 mile upstream of 291st Street
None
+1021Willow Creek (Left Overbank) (backwater effects from Boyer River)
From the confluence with the Boyer River to approximately 1.48 miles upstream of the confluence with the Boyer River
None
+1006
Unincorporated Areas of Harrison County.Willow Creek (Left Overbank) (overflow effects from Missouri River)
From approximately 1,850 feet upstream of Huron Street to approximately 0.75 mile upstream of Huron Street
+1009
+1010
City of Missouri Valley, Unincorporated Areas of Harrison County.Willow Creek (Right Overbank) (backwater effects from Boyer River)
From the confluence with the Boyer River to approximately 1.8 miles upstream of the confluence with the Boyer River
None
+1006
Unincorporated Areas of Harrison County.Willow Creek (Right Overbank) (overflow effects from Missouri River)
Approximately 1.8 miles upstream of the confluence with the Boyer River
None
+1006
City of Missouri Valley, Unincorporated Areas of Harrison County.Approximately 0.45 mile upstream of 291st Street
None
+1011Willow Creek (Riverward)
Approximately 0.76 mile upstream of the confluence with the Boyer River
None
+1010
City of Missouri Valley, Unincorporated Areas of Harrison County.Approximately 0.45 mile upstream of 291st Street
None
+1021Willow Creek (Riverward) (backwater effects from Boyer River)
From the confluence with the Boyer River to approximately 0.76 mile upstream of the confluence with the Boyer River
None
+1010
Unincorporated Areas of Harrison County.* National Geodetic Vertical Datum.+ North American Vertical Datum.# Depth in feet above ground.( print page 68740)‸ 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 Little Sioux**Maps are available for inspection at City Hall, 407 1st Street, Little Sioux, IA 51545.**City of Missouri Valley**Maps are available for inspection at the City Clerk's Office, 223 East Erie Street, Missouri Valley, IA 51555.**City of Modale**Maps are available for inspection at City Hall, 310 East Palmer Street, Modale, IA 51556.**City of Mondamin**Maps are available for inspection at City Hall, 120 South Main Street, Mondamin, IA 51557.**Unincorporated Areas of Harrison County**Maps are available for inspection at the Harrison County Zoning Administration Building, 301 North 6th Avenue, Logan, IA 51546.**Mercer County, New Jersey (All Jurisdictions)**Assunpink Creek
At the confluence with the Delaware River
+23
+25
City of Trenton.Approximately 120 feet upstream of Jackson Street
+24
+25Beden Brook
At Princeton Avenue (approximately 800 feet south of the intersection of Princeton Avenue and East Prospect Street)
None
+164
Borough of Hopewell.At parking lot approximately 710 feet south of the intersection of Princeton Avenue and East Prospect Street
None
+164Delaware River
Approximately 1,000 feet downstream of U.S. Route 1 (Trenton-Morrisville Toll Bridge)
+20
+19
City of Trenton, Township of Ewing, Township of Hopewell.Approximately 0.5 mile upstream of the confluence of Moores Creek and the Delaware River
+60
+61Delaware River
Approximately 2.2 miles downstream of U.S. Route 1 (Trenton-Morrisville Toll Bridge)
+17
+18
City of Trenton, Township of Hamilton.Approximately 1.8 miles downstream of U.S. Route 1 (Trenton-Morrisville Toll Bridge)
+17
+18Jacobs Creek
At the confluence with the Delaware River
+47
+46
Township of Ewing, Township of Hopewell.Approximately 0.4 mile upstream of State Route 29 (River Road)
+47
+46Miry Run
At the Township of Hamilton/Township of West Windsor corporate limits
None
+72
Township of Robbinsville, Township of West Windsor.Approximately 1,150 feet downstream of Pond Road
+71
+72Moores Creek
At the confluence with the Delaware River
+59
+60
Township of Hopewell.Approximately 0.7 mile downstream of Valley Road
None
+60Stony Brook
Approximately 75 feet downstream of Pennington-Rocky Hill Road
None
+147
Borough of Pennington.Approximately 1,575 feet upstream of Pennington-Rocky Hill Road
None
+149* 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****Borough of Hopewell**Maps are available for inspection at the Hopewell Borough Hall, 4 Columbia Avenue, Hopewell, NJ 08525.**Borough of Pennington**Maps are available for inspection at Borough Hall, 30 North Main Street, Pennington, NJ 08534.( print page 68741)**City of Trenton**Maps are available for inspection at City Hall, 319 East State Street, Trenton, NJ 08608.**Township of Ewing**Maps are available for inspection at the Township Municipal Building, 2 Jake Garzio Drive, Ewing, NJ 08628.**Township of Hamilton**Maps are available for inspection at the Township Municipal Building, 2090 Greenwood Avenue, Hamilton, NJ 08609.**Township of Hopewell**Maps are available for inspection at the Hopewell Township Municipal Building, 201 Washington Crossing, Titusville, NJ 08560.**Township of Robbinsville**Maps are available for inspection at the Township Municipal Building, One Washington Boulevard, Robbinsville, NJ 08691.**Township of West Windsor**Maps are available for inspection at the Township Municipal Building, 271 Clarksville Road, West Windsor, NJ 08550.**Nash County, North Carolina, and Incorporated Areas**Cokey Swamp
Approximately 90 feet downstream of Old Wilson Road (Secondary Road 1002)
+106
+107
City of Rocky Mount.Approximately 1.1 mile upstream of Old Wilson Road (Secondary Road 1002)
None
+118Cowlick Creek
Just upstream of U.S. Highway 64
+80
+79
City of Rocky Mount.Just downstream of Cortland Avenue
+95
+92Cypress Creek
At the confluence with the Tar River
+170
+171
Unincorporated Areas of Nash County.Approximately 300 feet upstream of Lake Royale Road (Secondary Road 1316)
+170
+171Fishing Creek
Just upstream of the railroad
+98
+97
Unincorporated Areas of Nash County.Approximately 50 feet downstream of Ward Road (Secondary Road 1502)
+129
+132Grape Branch
Approximately 200 feet upstream of Beechwood Drive
+108
+107
City of Rocky Mount, Unincorporated Areas of Nash County.Approximately 1,100 feet upstream of Beechwood Drive
+110
+107Indian Branch
Approximately 175 feet downstream of Gay Road (Secondary Road 1268)
+71
+70
City of Rocky Mount.Approximately 190 feet upstream of Hunting Lodge Drive
None
+91Little Cokey Swamp
Approximately 250 feet downstream of Greenpasture Road (Secondary Road 1141)
+92
+93
City of Rocky Mount.Approximately 50 feet downstream of Kingston Avenue
+129
+130Little Cokey Swamp Tributary
At the confluence with Little Cokey Swamp
+106
+105
City of Rocky Mount.Approximately 200 feet upstream of South Church Street
None
+126Little Creek
Approximately 500 feet downstream of the railroad
+198
+199
Town of Middlesex, Unincorporated Areas of Nash County.Approximately 0.5 mile upstream of Debnam Road
None
+278Maple Creek
Approximately 0.3 mile upstream of Bethlehem Road (Secondary Road 1142)
+110
+111
City of Rocky Mount, Unincorporated Areas of Nash County.Approximately 280 feet upstream of South Old Carriage Road
None
+166Parkers Canal
At the confluence with Cowlick Creek
+80
+79
City of Rocky Mount.Approximately 60 feet downstream of Atlantic Avenue
+96
+98Pig Basket Creek
Approximately 900 feet upstream of Red Oak Road (Secondary Road 1003)
+128
+127
Town of Red Oak, Unincorporated Areas of Nash County.Approximately 0.4 mile upstream of Taylors Store Road (Secondary Road 1004)
+156
+155Polecat Branch
At the confluence with Maple Creek
+111
+112
Unincorporated Areas of Nash County.Approximately 0.8 mile upstream of the confluence with Polecat Branch Tributary
+118
+120Sapony Creek
Approximately 200 feet upstream of Sandy Cross Road (Secondary Road 1717)
+133
+132
Unincorporated Areas of Nash County.( print page 68742)Approximately 1,550 feet upstream of NC Highway 58
None
+145Stony Creek
Approximately 0.5 mile downstream of Red Oak Road (Secondary Road 1003)
+129
+130
City of Rocky Mount, Town of Nashville, Town of Red Oak.Just upstream of U.S. Route 64
+151
+152Swift Creek
Approximately 1.8 miles downstream of the Edgecombe County boundary
+90
+88
City of Rocky Mount, Unincorporated Areas of Nash County.At Red Oak Road (Secondary Road 1003)
+130
+131Tar River
Approximately 150 feet downstream of South Old Carriage Road
+132
+133
City of Rocky Mount, Town of Spring Hope, Unincorporated Areas of Nash County.At the confluence with Cypress Creek
+170
+171* 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 Rocky Mount**Maps are available for inspection at the Planning Department, 331 South Franklin Street, Rocky Mount, NC 27802.**Town of Middlesex**Maps are available for inspection at the Town Hall, 10232 South Nash Street, Middlesex, NC 27557.**Town of Nashville**Maps are available for inspection at the Town Hall, 499 South Barnes Street, Nashville, NC 27856.**Town of Red Oak**Maps are available for inspection at the Town Hall, 8406 Main Street, Red Oak, NC 27868.**Town of Spring Hope**Maps are available for inspection at the Town Hall, 118 West Railroad Street, Spring Hope, NC 27882.**Unincorporated Areas of Nash County**Maps are available for inspection at the Nash County Planning Department, 120 West Washington Street, Suite 2110, Nashville, NC 27856.**El Paso County, Texas, and Incorporated Areas**Flow Path 16
Just upstream of Donald Drive
None
+3960
City of El Paso.Approximately 1,000 feet upstream of Rushing Drive
+3977
+3975Flow Path Number 27 Playa Drain
Just upstream of Vocational Drive
None
+3663
City of El Paso.Just downstream of Clark Drive
None
+3699Flow Path Number 29
Just upstream of Del Monte Street
None
+3738
City of El Paso.Just downstream of Prestcott Drive
None
+3771Flow Path Number 32
Just upstream of Barron Road
+3668
+3670
City of El Paso.Just downstream of Patrol Drive
+3714
+3716Flow Path Number 36
Just upstream of the confluence with Mesa Spur Drain
+3662
+3666
City of El Paso.Approximately 0.75 mile upstream of the confluence with Mesa Spur Drain
+3720
+3724Flow Path Number 41
Approximately 0.37 mile downstream of the confluence of Flow Path Number 41A
None
+3871
City of El Paso.Approximately 0.48 mile upstream of the confluence of Flow Path Number 41A
None
+3987Flow Path Number 44
Approximately 0.67 mile upstream of the confluence of Flow Path Number 43
None
+3923
Unincorporated Areas of El Paso County.Approximately 1.04 miles upstream of the confluence of Flow Path Number 43
None
+3956Flow Path Number 45
Approximately 0.57 mile downstream of the confluence of Flow Path Number 45A
None
+3783
Town of Vinton, Unincorporated Areas of El Paso County.Approximately 1.50 miles upstream of the confluence of Flow Path Number 45B
None
+4515( print page 68743)Horizon Arroyo Stream 2
Approximately 65 feet downstream of I-10 (Frontage Road)
+3752
+3747
Unincorporated Areas of El Paso County.Just downstream of Access Road
+3888
+3892* 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 El Paso**Maps are available for inspection at City Hall, 2 Civic Center Plaza, El Paso, TX 79901.**Town of Vinton**Maps are available for inspection at 436 East Vinton Road, Vinton, TX 79821.**Unincorporated Areas of El Paso County**Maps are available for inspection at 500 East San Antonio Street, Room 407, El Paso, TX 79901.**Bayfield County, Wisconsin, and Incorporated Areas**Lake Superior
Entire shoreline within community
None
+605
City of Bayfield, City of Washburn, Red Cliff Band of Lake Superior Chippewa, Unincorporated Areas of Bayfield County.Lower Eau Claire Lake
Entire shoreline within community
None
+1124
Unincorporated Areas of Bayfield County.Middle Eau Claire Lake
Entire shoreline within community
None
+1128
Unincorporated Areas of Bayfield County.Namekagon Lake
Entire shoreline within community
None
+1398
Unincorporated Areas of Bayfield County.Upper Eau Claire Lake
Entire shoreline within community
None
+1137
Unincorporated Areas of Bayfield 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****City of Bayfield**Maps are available for inspection at 125 South 1st Street, Bayfield, WI 54814.**City of Washburn**Maps are available for inspection at 119 Washington Avenue, Washburn, WI 54891.**Red Cliff Band of Lake Superior Chippewa**Maps are available for inspection at 88385 State Highway 13, Bayfield, WI 54814.**Unincorporated Areas of Bayfield County**Maps are available for inspection at 117 East 5th Street, Washburn, WI 54891.
 
 
 (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. 2010-28224 Filed 11-8-10; 8:45 am] BILLING CODE 9110-12-P