Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Proposed Rules 59181 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in http:// 

www.regulations.gov or in hard copy 

during normal business hours at the Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. Copies of the State submittal are 

available at the Maryland Department of 

the Environment, 1800 Washington 

Boulevard, Suite 705, Baltimore, 

Maryland 21230. 

FOR FURTHER INFORMATION CONTACT: 

Ellen Wentworth, (215) 814–2034, or by 

e-mail at wentworth.ellen@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

further information, please see the 

information provided in the direct final 

action, with the same title, ‘‘Approval 

and Promulgation of Air Quality 

Implementation Plans; Maryland; 

Control Technique Guidelines for Paper, 

Film, and Foil Coatings,’’ that is located 

in the ‘‘Rules and Regulations’’ section of 

this Federal Register publication. 

Dated: September 7, 2010. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2010–23981 Filed 9–24–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2010–000; Internal 

Agency Docket No. FEMA–B–1137] 

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 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: 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
59182 Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Proposed Rules 

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: 

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 +7 

City of Poquoson ... Chesapeake Bay/Cedar 

Creek.

At the intersection of Villa Drive and 

Huntlandia Way.

None +7 

Approximately 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 affected 

Effective 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 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Proposed Rules 59183 

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 

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 +517 

Croton 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 +359 

Foundry 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 +369 

Holly Stream ......................... Approximately 1,099 feet downstream of State Route 

22.

+272 +273 Town of Southeast. 

Approximately 854 feet upstream of I–684 .................. None +312 

Lake 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 +593 

Middle 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 +620 

Middle 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 +511 

Oscawana Brook ................... At the county boundary ................................................ +116 +115 Town of Putnam Valley. 

Approximately 1,550 feet upstream of Oscawana 

Lake Road.

None +516 

Putnam 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 +566 

Shrub Oak Brook .................. Approximately 500 feet upstream of the confluence 

with Peekskill Hollow Creek.

+218 +219 Town of Putnam Valley. 

At the county boundary ................................................ +391 +393 

Stephens 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 +473 

Tonetta 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. 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
59184 Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / 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 

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 +1535 

Marvin 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 +1485 

Potato 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 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2010–0003; Internal 

Agency Docket No. FEMA–B–1131] 

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 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. 


emcdonald on DSK2BSOYB1PROD with PROPOSALS