[Federal Register Volume 75, Number 234 (Tuesday, December 7, 2010)]
[Proposed Rules]
[Pages 75945-75949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30613]


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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-1168]


Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule.

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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 March 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-1168, 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) 
<a href="/cdn-cgi/l/email-protection#a9c5dcc0da87dbc6cddbc0cedcccd398e9cdc1da87cec6df"><span class="__cf_email__" data-cfemail="5c3029352f722e33382e353b2939266d1c38342f723b332a">[email protected]</span></a>.

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) <a href="/cdn-cgi/l/email-protection#375b425e4419455853455e5042524d0677535f4419505841"><span class="__cf_email__" data-cfemail="6c0019051f421e03081e050b1909165d2c08041f420b031a">[email protected]</span></a>.

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.

[[Page 75946]]

    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.


Sec.  67.4  [Amended]

    2. The tables published under the authority of Sec.  67.4 are 
proposed to be amended as follows:

----------------------------------------------------------------------------------------------------------------
                                                                    * Elevation in feet
                                                                  (NGVD)  + Elevation in
                                                                  feet  (NAVD)  <greek-i>
                                       Location of referenced       Depth in feet above
         Flooding source(s)                  elevation**          ground  [and] Elevation   Communities affected
                                                                     in meters  (MSL)
                                                                --------------------------
                                                                  Effective     Modified
----------------------------------------------------------------------------------------------------------------
                                Skagit County, Washington, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Left Bank Overflow Main Stem Skagit  Approximately 1,400 feet     <greek-i>2          +23  City of Mount Vernon,
 River.                               north of the intersection                             Unincorporated Areas
                                      of Hickox Road and I-5.                               of Skagit County.
                                     Approximately 300 feet       <greek-i>2          +24
                                      west of the intersection
                                      of Anderson Road and Old
                                      Highway 99.
Left Bank Overflow Main Stem Skagit  Approximately 0.43 mile             +19          +24  City of Mount Vernon,
 River.                               east of the intersection                              Unincorporated Areas
                                      of Dike Road and Britt                                of Skagit County.
                                      Road.
                                     Approximately 1,500 feet            +19          +27
                                      west of the intersection
                                      of Riverview Lane and
                                      Dike Road.
Left Bank Overflow Main Stem Skagit  Just northwest of the        <greek-i>3          +26  City of Mount Vernon,
 River.                               intersection of Britt                                 Unincorporated Areas
                                      Road and Dike Road.                                   of Skagit County.
                                     Approximately 250 feet       <greek-i>3          +28
                                      north of Dike Road and
                                      approximately 1,000 feet
                                      west of Riverview Lane.
Left Bank Overflow Main Stem Skagit  Approximately 900 feet       <greek-i>1          +25  City of Mount Vernon,
 River.                               north of Blackburn Road                               Unincorporated Areas
                                      between 2nd Street and                                of Skagit County.
                                      3rd Street.
                                     At the intersection of       <greek-i>1          +39
                                      Freeway Drive and Cameron
                                      Way.
Left Bank Overflow Main Stem Skagit  Just north of Stewart Road   <greek-i>3          +41  City of Mount Vernon.
 River.                               between Riverside Drive
                                      and the Burlington
                                      Northern Railroad.
                                     Just northwest of the        <greek-i>3          +42
                                      intersection of Hoag Road
                                      and the Burlington
                                      Northern Railroad.
Left Bank Overflow Main Stem Skagit  Approximately 1.4 miles             +34          +40  City of Mount Vernon,
 River.                               west of the intersection                              Unincorporated Areas
                                      of I-5 and State Route                                of Skagit County.
                                      538, at levee.
                                     At the intersection of the          +34          +40
                                      Burlington Northern
                                      Railroad and State Route
                                      538.
Left Bank Overflow Main Stem Skagit  Just north of the                  None          +24  City of Mount Vernon,
 River.                               intersection of Hickox                                Unincorporated Areas
                                      Road and Dike Road.                                   of Skagit County.
                                     Approximately 640 feet             None          +27
                                      west of the intersection
                                      of Riverview Lane and
                                      Dike Road.
Left Bank Overflow Main Stem Skagit  At the intersection of I-5         None          +24  City of Mount Vernon.
 River.                               and Anderson Road.
                                     At the intersection of I-5         None          +28
                                      and Section Street.
Left Bank Overflow Main Stem Skagit  Just north of Fir Island     <greek-i>3          +20  City of Mount Vernon,
 River/South Fork Skagit River.       Road, at the intersection                             Unincorporated Areas
                                      with the Burlington                                   of Skagit County.
                                      Northern Railroad.
                                     Approximately 500 feet       <greek-i>3          +23
                                      south of Hickox Road
                                      between the levee and the
                                      Burlington Northern
                                      Railroad.
Left Bank Overflow Main Stem Skagit  Approximately 0.75 mile             +13          +16  Unincorporated Areas
 River/South Fork Skagit River.       south of the intersection                             of Skagit County.
                                      of Milltown Road and
                                      Pioneer Highway.
                                     At the intersection of              +13          +20
                                      State Route 534 and I-5.

[[Page 75947]]

 
Left Bank Overflow North Fork        Just east of the levee,      <greek-i>1          +16  Unincorporated Areas
 Skagit River.                        approximately 350 feet                                of Skagit County.
                                      northeast of the
                                      intersection of Moore
                                      Road and Polson Road.
                                     Just east of the levee,      <greek-i>1          +18
                                      approximately 450 feet
                                      north of Moore Road.
Main Stem Skagit River.............  At the confluence with the          +27          +30  City of Burlington,
                                      North Fork Skagit River                               City of Mount
                                      and South Fork Skagit                                 Vernon, City of
                                      River.                                                Sedro-Woolley, Town
                                                                                            of La Conner,
                                                                                            Unincorporated Areas
                                                                                            of Skagit County.
                                     Just downstream of the              +49          +52
                                      Burlington Northern
                                      Railroad.
North Fork Skagit River............  At the confluence with              +14          +16  Unincorporated Areas
                                      Skagit Bay.                                           of Skagit County.
                                     At the confluence with the          +27          +30
                                      Main Stem Skagit River
                                      and South Fork Skagit
                                      River.
Overflow from the Main Stem Skagit   At the confluence with              +12          +14  Unincorporated Areas
 River between the North Fork         Skagit Bay.                                           of Skagit County.
 Skagit River and the South Fork
 Skagit River.
                                     At the intersection of              +13          +18
                                      Moore Road and Dry Slough
                                      Road.
Overflow from the Main Stem Skagit   Approximately 200 feet       <greek-i>3          +18  Unincorporated Areas
 River between the North Fork         north of Moore Road                                   of Skagit County.
 Skagit River and the South Fork      between the North Fork
 Skagit River Padilla Bay.            Skagit River and Dry
                                      Slough Road.
                                     Approximately 880 feet       <greek-i>3          +21
                                      southwest of the
                                      confluence with North
                                      Fork Skagit River and the
                                      South Fork Skagit River.
                                     Approximately 1,000 feet           None          +13  Swinomish Indian
                                      northwest of the                                      Tribal Community.
                                      intersection of Highway
                                      20 and Padilla Heights
                                      Road.
                                     Approximately 100 feet             None          +13
                                      north of the crossing at
                                      State Route 20 and the
                                      Swinomish Channel.
Right Bank Overflow Main Stem        Approximately 0.36 mile      <greek-i>3          +21  City of Mount Vernon,
 Skagit River.                        west of the intersection                              Unincorporated Areas
                                      of Penn Road and Calhoun                              of Skagit County.
                                      Road.
                                     Approximately 400 feet       <greek-i>3          +30
                                      south of the levee
                                      between Moores Garden
                                      Road and Baker Street.
Right Bank Overflow Main Stem        Approximately 300 feet       <greek-i>3          +24  Unincorporated Areas
 Skagit River.                        north of the intersection                             of Skagit County.
                                      of Dunbar Avenue and Avon
                                      Allen Road.
                                     Aproximately 500 feet east   <greek-i>3          +31
                                      of Avon Allen Road
                                      between Bennett Road and
                                      State Route 536.
Right Bank Overflow Main Stem        Approximately 400 feet       <greek-i>3          +25  Unincorporated Areas
 Skagit River.                        northeast of the                                      of Skagit County.
                                      intersection of Bennett
                                      Road and State Route 536.
                                     Approximately 500 feet       <greek-i>3          +34
                                      southeast of the
                                      intersection of Bennett
                                      Road and Silver Lane.
Right Bank Overflow Main Stem        Approximately 400 feet       <greek-i>3          +32  Unincorporated Areas
 Skagit River.                        west of the intersection                              of Skagit County.
                                      of Pulver Road and
                                      McCorquedale Road.
                                     Approximately 400 feet       <greek-i>3          +34
                                      east of Pulver Road
                                      between Whitemarsh Road
                                      and McCorquedale Road.
Right Bank Overflow Main Stem        At Kamb Road approximately   <greek-i>3          +19  Unincorporated Areas
 Skagit River/North Fork Skagit       0.47 mile south of                                    of Skagit County.
 River Right Bank Overflow North      Calhoun Road.
 Fork Skagit River.
                                     Approximately 0.38 mile      <greek-i>3          +20
                                      southeast of the
                                      intersection of Calhoun
                                      Road and Kamb Road.
                                     Just south of Kamb Road      <greek-i>3          +19  Unincorporated Areas
                                      approximately 0.66 mile                               of Skagit County.
                                      east of Beaver Marsh Road.
                                     Approximately 1,600 feet     <greek-i>3          +19
                                      east of the intersection
                                      of Beaver Marsh Road and
                                      Marsh Road.

[[Page 75948]]

 
Right Bank Overflow South Fork       Between Moore Road and       <greek-i>1          +17  Unincorporated Areas
 Skagit River Samish Bay.             Polson Road Approximately   <greek-i>1          +18   of Skagit County.
                                      870 feet south of Moore
                                      Road, at levee.
                                     At the intersection of              +12          +13  Unincorporated Areas
                                      Chuckanut Drive and South                             of Skagit County.
                                      Blanchard Drive.
Samish Bay/Padilla Bay Simlik Bay..  At the intersection of              +12          +13  Unincorporated Areas
                                      Bayview-Edison Road and                               of Skagit County.
                                      Samish Island Road.
                                     Approximately 0.32 mile            None          +12  Swinomish Indian
                                      southwest of the                                      Tribal Community.
                                      intersection of Snee-Oosh
                                      Road and Snee-Oosh Lane.
                                     Approximately 100 feet             None          +12
                                      southwest of the
                                      intersection of
                                      Reservation Road and
                                      Simlik Bay Road.
Skagit Bay.........................  Approximately 0.36 mile             +15          +14  Unincorporated Areas
                                      northwest of the                                      of Skagit County.
                                      intersection of Pioneer
                                      Highway and Milltown Road.
                                     At the confluence of                +17          +14
                                      Ishois Slough and Tom
                                      Moore Slough.
Skagit Bay.........................  Approximately 200 feet             None          +12  Swinomish Indian
                                      northwest of the                                      Tribal Community.
                                      intersection of Sherman
                                      Avenue and Chilberg
                                      Avenue.
                                     Approximately 0.32 mile            None          +12
                                      southwest of the
                                      intersection of Snee-Oosh
                                      Road and Snee-Oosh Lane.
Skagit Bay.........................  Approximately 400 feet             None          +14  Swinomish Indian
                                      northwest of Pull and Be                              Tribal Community.
                                      Damned Point Road.
                                     Approximately 200 feet             None          +14
                                      southwest of the
                                      intersection of Sherman
                                      Avenue and Chilberg
                                      Avenue.
Skagit Bay/Swinomish Channel.......  Approximately 600 feet             None          +12  Swinomish Indian
                                      southwest of the                                      Tribal Community.
                                      intersection of North
                                      Pearle Jensen Way and
                                      East Pearle Jensen Way.
                                     Approximately 400 feet             None          +12
                                      west of Pull and Be
                                      Damned Point Road.
Skagit River.......................  Just upstream of the                +49          +52  City of Sedro-
                                      Burlington Northern                                   Woolley, Town of
                                      Railroad.                                             Concrete, Town of
                                                                                            Hamilton, Town of
                                                                                            Lyman,
                                                                                            Unincorporated Areas
                                                                                            of Skagit County.
                                     Approximately 1.0 mile             +197         +198
                                      upstream of the
                                      confluence with the Baker
                                      River.
Skagit River Delta Overbank          Just upstream of Pulver             +27          +32  City of Burlington,
 Flowpath 1.                          Road.                                                 Unincorporated Areas
                                                                                            of Skagit County.
                                     Approximately 1,170 feet            +45          +46
                                      southeast of the
                                      intersection of Lafayette
                                      Road and Peter Anderson
                                      Road.
Skagit River Delta Overbank          At the confluence with              +12          +13  Unincorporated Areas
 Flowpath 2 Skagit River Delta        Samish Bay.                                           of Skagit County.
 Overbank Flowpath 3.
                                     Just downstream of Pulver           +27          +32
                                      Road.
                                     At the confluence with the          +12          +15  Town of La Conner,
                                      Swinomish Channel.                                    Unincorporated Areas
                                                                                            of Skagit County.
                                     Just downstream of Pulver           +27          +32
                                      Road.
South Fork Skagit River............  At the confluence with              +17          +14  Unincorporated Areas
                                      Ishois Slough and Tim                                 of Skagit County.
                                      Moore Slough.
                                     At the confluence with the          +27          +30
                                      Main Stem Skagit River
                                      and the North Fork Skagit
                                      River.
Swinomish Channel..................  Just north of Highway 20..         None          +11  Swinomish Indian
                                                                                            Tribal Community.
                                     Approximately 600 feet             None          +11
                                      northwest of the
                                      intersection of North
                                      Pearle Jensen Way and
                                      East Pearle Jensen Way.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
<greek-i> Depth in feet above ground.
[and] 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.
 

[[Page 75949]]

 
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 Burlington
Maps are available for inspection at 900 East Fairhaven Avenue, Burlington, WA 98233.
 
City of Mount Vernon
Maps are available for inspection at 910 Cleveland Avenue, Mount Vernon, WA 98273.
 
City of Sedro-Woolley
Maps are available for inspection at 720 Murdock Street, Sedro-Woolley, WA 98284.
 
Swinomish Indian Tribal Community
Maps are available for inspection at 11404 Moorway Way, La Conner, WA 98257.
 
Town of Concrete
Maps are available for inspection at 45672 Main Street, Concrete, WA 98237.
 
Town of Hamilton
Maps are available for inspection at 584 Maple Street, Hamilton, WA 98255.
 
Town of La Conner
Maps are available for inspection at 204 Douglas Street, La Conner, WA 98257.
 
Town of Lyman
Maps are available for inspection at 8224 South Main Street, Lyman, WA 98263.
 
                                      Unincorporated Areas of Skagit County
Maps are available for inspection at 1800 Continental Place, Mount Vernon, WA 98273.
----------------------------------------------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')

    Dated: November 23, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation, 
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2010-30613 Filed 12-6-10; 8:45 am]
BILLING CODE 9110-12-P


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