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 Department of Homeland Security Federal Emergency Management Agency 44 CFR Part 67
[Docket ID FEMA-2010-000; Internal Agency Docket No. FEMA-B-1137]
 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 December 27, 2010.
 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-1137, 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: ( print page 59182)
                        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: State
City/town/county
Source of flooding
Location **
* Elevation in feet
                                     (NGVD) 
                                     + Elevation in feet 
                                     (NAVD) 
                                     # Depth in feet above ground 
                                     ‸ Elevation in meters  
                                     (MSL)Existing
Modified**City of Poquoson, Virginia**Virginia
City of Poquoson
Chesapeake Bay
At the intersection of Hunt Wood Drive and Oscars Court
None
+7City of Poquoson
Chesapeake Bay/Cedar Creek
At the intersection of Villa Drive and Huntlandia Way
None
+7Approximately 400 feet north of the intersection of State Route 171 and City Hall Avenue
None
+7* 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 Poquoson**Maps are available for inspection at the Building Official's Office, 500 City Hall Avenue, Poquoson, VA 23662.
 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**Stearns County, Minnesota, and Incorporated Areas**Sauk Lake
Entire shoreline within Stearns County
None
+1232
Unincorporated Areas of Stearns County.Sauk River
Approximately 7,260 feet downstream of County Road 17
None
+1226
City of Sauk Centre, Unincorporated Areas of Stearns County.Approximately 1,450 feet downstream of Main Street
None
+1227* 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 Sauk Centre**Maps are available for inspection at 320 Oak Street South, Sauk Centre, MN 56378.**Unincorporated Areas of Stearns County**Maps are available for inspection at the Stearns County Administration Center, 705 Courthouse Square, St. Cloud, MN 56303.Barrett Pond
At the confluence with Clove Creek
+356
+361
Town of Philipstown.Approximately 2,741 feet upstream of Fishkill Road
None
+378( print page 59183)Clove Creek
Approximately 50 feet downstream of U.S. Route 9
+258
+259
Town of Philipstown.Approximately 1.6 mile upstream of Briars Road
None
+517Croton Falls Diverting Reservoir
Entire shoreline within the Town of Southeast
None
+310
Town of Southeast.Croton Falls Reservoir
Entire shoreline
None
+311
Town of Carmel, Town of Southeast.East Branch Croton River
At the confluence with the Croton Falls Diverting Reservoir
+311
+310
Town of Southeast, Village of Brewster.Reach 1
Approximately 777 feet upstream of State Route 22
+418
+359Foundry Brook
Approximately 1,320 feet downstream of State Route 9D
+7
+8
Town of Philipstown, Village of Cold Spring, Village of Nelsonville.Approximately 852 feet upstream of Fishkill Road
None
+369Holly Stream
Approximately 1,099 feet downstream of State Route 22
+272
+273
Town of Southeast.Approximately 854 feet upstream of I-684
None
+312Lake Mahopac
Entire shoreline within the Town of Carmel
None
+660
Town of Carmel.Lost Lake
Entire shoreline
None
+466
Town of Patterson.Michael Brook
At the confluence with the Croton Falls Reservoir
+305
+311
Town of Carmel, Town of Kent.Approximately 0.9 mile upstream of Fair Street
None
+593Middle Branch Croton River
At confluence with the Middle Branch Reservoir
+374
+371
Town of Carmel, Town of Kent, Town of Southeast.Approximately 101 feet upstream of Lakeshore Drive
+622
+620Middle Branch Reservoir
Entire shoreline within the Town of Southeast
None
+371
Town of Southeast.Muscoot River
At the county boundary
+512
+509
Town of Carmel.Approximately 1,009 feet upstream of Stillwater Road
+513
+511Oscawana Brook
At the county boundary
+116
+115
Town of Putnam Valley.Approximately 1,550 feet upstream of Oscawana Lake Road
None
+516Putnam Lake
Entire shoreline
None
+494
Town of Patterson.Secor Brook
At the confluence with the Muscoot River
+513
+511
Town of Carmel.Approximately 1,396 feet upstream of Secor Road
None
+566Shrub Oak Brook
Approximately 500 feet upstream of the confluence with Peekskill Hollow Creek
+218
+219
Town of Putnam Valley.At the county boundary
+391
+393Stephens Brook
Approximately 250 feet upstream of the confluence with East Branch Croton River Reach 2
+432
+433
Town of Patterson.Approximately 31 feet upstream of Thunder Ridge Road
+475
+473Tonetta Brook
At the confluence with East Branch Croton River Reach 1
+314
+313
Town of Southeast, Village of Brewster.Approximately 351 feet upstream of Pumphouse Road
+446
+444* 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 Carmel**Maps are available for inspection at the Carmel Town Hall, 60 McAlpin Avenue, Mahopac, NY 10541.**Town of Kent**Maps are available for inspection at the Town of Kent Administration Office, 25 Sybils Crossing, Kent Lakes, NY 10512.**Town of Patterson**Maps are available for inspection at the Town Hall, 1142 Route 311, Patterson, NY 12563.**Town of Philipstown**Maps are available for inspection at the Philipstown Town Hall, 238 Main Street, Cold Spring, NY 10516.( print page 59184)**Town of Putnam Valley**Maps are available for inspection at the Town Hall, 265 Oscawana Lake Road, Putnam Valley, NY 10579.**Town of Southeast**Maps are available for inspection at the Southeast Town Building Department, 1 Main Street, Brewster, NY 10509.**Village of Brewster**Maps are available for inspection at the Village Hall, Larry T. Jewell Municipal Building, 50 Main Street, Brewster, NY 10509.**Village of Cold Spring**Maps are available for inspection at the Village Hall, 85 Main Street, Cold Spring, NY 10516.**Village of Nelsonville**Maps are available for inspection at the Village Hall, 258 Main Street, Nelsonville, NY 10516.East Branch Tunungwant Creek
Approximately 0.59 mile upstream of Browntown Road
None
+1532
Borough of Lewis Run.Approximately 0.70 mile upstream of Browntown Road
None
+1535Marvin Creek
Approximately 0.46 mile upstream of U.S. Route 6 (Marvin Street)
None
+1484
Township of Keating.Approximately 0.59 mile upstream of U.S. Route 6 (Marvin Street)
None
+1485Potato Creek
Approximately 0.62 mile downstream of Champlin Hill Road
None
+1448
Township of Keating.Approximately 1,050 feet downstream of Champlin Hill Road
None
+1448* 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 Lewis Run**Maps are available for inspection at the Borough Hall, 60 Main Street, Lewis Run, PA 16738.**Township of Keating**Maps are available for inspection at the Keating Township Building, 7160 State Route 46, Smethport, PA 16749.
 (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)
 Dated: September 13, 2010. Sandra K. Knight, Deputy Federal Insurance and Mitigation Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency.


[FR Doc. 2010-24144 Filed 9-24-10; 8:45 am] BILLING CODE 9110-12-P