[Federal Register Volume 75, Number 186 (Monday, September 27, 2010)]
[Proposed Rules]
[Pages 59188-59192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24141]


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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-1133]


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 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.

[[Page 59189]]

    You may submit comments, identified by Docket No. FEMA-B-1133, 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) <a href="/cdn-cgi/l/email-protection#1b697462357e356c69727c736f5b7f7368357c746d"><span class="__cf_email__" data-cfemail="5725382e79327920253e303f2317333f2479303821">[email protected]</span></a>.

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) <a href="/cdn-cgi/l/email-protection#a2d0cddb8cc78cd5d0cbc5cad6e2c6cad18cc5cdd4"><span class="__cf_email__" data-cfemail="23514c5a0d460d54514a444b5763474b500d444c55">[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.
    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 [caret] Elevation    Communities affected
                                                                   in meters  (MSL)
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                                  Tuscola County, Michigan (All Jurisdictions)
----------------------------------------------------------------------------------------------------------------
Cass River..........................  Approximately 180 feet          +635         +634  City of Vassar,
                                       downstream of the CSX                              Township of Tuscola,
                                       Railroad crossing.
                                      At Kirk Road, extended.         +639         +638  Township of Vassar.
Cat Lake/South Drain................  Approximately 110 feet          None         +747  Township of Dayton.
                                       downstream of Harmon
                                       Lake Road.
                                      At Cat Lake,                    None         +749
                                       approximately 280 feet
                                       upstream of Lakeview
                                       Drive.
Gibson Drain........................  Approximately 2,680             None         +585  Township of Gilford.
                                       feet north of Don Road.
                                      Approximately 1,160             None         +585
                                       feet south of M-138.
McPherson Drain.....................  At Akron Road..........         None         +585  Township of Gilford.
                                      Approximately 260 feet          None         +585
                                       north of Dutcher Road.
Northwest Drain Outlet No. 1........  At the confluence with          None         +585  Township of Gilford.
                                       VCCM and S Drain.
                                      Approximately 500 feet          None         +585
                                       downstream of North
                                       Quanicassee Road.
Reese Drain.........................  Upstream of Reese Road,         None         +603  Township of Denmark,
                                       approximately 310 feet                             Village of Reese.
                                       south of Dixon Road.
                                      Downstream of Reese             None         +625
                                       Road, approximately
                                       2,600 feet south of M-
                                       81.
Saginaw Bay.........................  Entire shoreline in the         None         +585  Township of Akron,
                                       Township of Akron.                                 Township of Wisner.
                                      Entire shoreline in the         +584         +585
                                       Township of Wisner.
VCCM and S Drain....................  Approximately 300 feet          None         +585  Township of Gilford.
                                       north of M-138.
                                      At Akron Road..........         None         +585
Wiscoggin Drain.....................  At Loomis Road.........         None         +585  Township of Columbia.
                                      Approximately 380 feet          None         +585
                                       upstream of Loomis
                                       Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.

[[Page 59190]]

 
+ North American Vertical Datum.
<greek-i> Depth in feet above ground.
[caret] 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 Vassar
Maps are available for inspection at City Hall, 287 East Huron Street, Vassar, MI 48768.
 
Township of Akron
Maps are available for inspection at 6800 North Vassar Road, Unionville, MI 48767.
 
Township of Columbia
Maps are available for inspection at 6822 Unionville Road, Unionville, MI 48767.
 
Township of Dayton
Maps are available for inspection at P.O. Box 305, Mayville, MI 48744.
 
Township of Denmark
Maps are available for inspection at P.O. Box 44, Reese, MI 48757.
 
Township of Gilford
Maps are available for inspection at 171 Garner Road, Fairgrove, MI 4873.
 
Township of Tuscola
Maps are available for inspection at 6697 Buell Road, Vassar, MI 48768.
 
Township of Vassar
Maps are available for inspection at 4505 West Saginaw Road, Vassar, MI 48768.
 
Township of Wisner
Maps are available for inspection at 8207 M-25, Akron, MI 48701.
 
Village of Reese
Maps are available for inspection at 2073 Gates Street, Reese, MI 48757.
----------------------------------------------------------------------------------------------------------------
                                 Dakota County, Nebraska, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Crystal Cove........................  Just upstream of I-129          None        +1086  City of South Sioux
                                       along U.S. Route 77.                               City.
Crystal Lake........................  From just upstream of           None        +1086  City of South Sioux
                                       152nd Street to just                               City, Unincorporated
                                       downstream of U.S.                                 Areas of Dakota
                                       Route 77.                                          County.
Crystal Lake Northwest..............  From just downstream of         None        +1093  City of South Sioux
                                       Golf Road to just                                  City.
                                       upstream of 142nd
                                       Street.
Crystal Lake-Sump Area..............  From the intersection           None        +1098  City of South Sioux
                                       of Old Sawmill Road                                City.
                                       and unnamed road to
                                       approximately 780 feet
                                       south, extending
                                       approximately 1,050
                                       feet west along Old
                                       Sawmill Road.
Missouri River......................  Approximately 1 mile           +1070        +1069  City of Dakota City,
                                       downstream of the                                  City of South Sioux
                                       confluence with Omaha                              City, Unincorporated
                                       Creek Ditch.                                       Areas of Dakota
                                                                                          County.
                                      Approximately 0.9 mile         +1100        +1102
                                       upstream from the
                                       confluence with Aowa
                                       Creek.
Old Silver Lake Creek...............  At the confluence with          None        +1090  City of South Sioux
                                       the Missouri River.                                City.
                                      Approximately 200 feet          None        +1092
                                       downstream of West
                                       29th Street.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
<greek-i> Depth in feet above ground.
[caret] 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 Dakota City

[[Page 59191]]

 
Maps are available for inspection at 1511 Broadway Street, Dakota City, NE 68731.
 
City of South Sioux City
Maps are available for inspection at 1615 1st Avenue, South Sioux City, NE 68776.
 
Unincorporated Areas of Dakota County
Maps are available for inspection at 1601 Broadway Street, Dakota City, NE 68731.
----------------------------------------------------------------------------------------------------------------
                                  Sussex County, New Jersey (All Jurisdictions)
----------------------------------------------------------------------------------------------------------------
Delaware River......................  At the Warren County            None         +352  Township of Walpack.
                                       boundary.
                                      At the Township of              None         +376
                                       Sandyston boundary.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
<greek-i> Depth in feet above ground.
[caret] 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
Township of Walpack
Maps are available for inspection at the Walpack Township Municipal Building, 9 Main Street, Walpack Center, NJ
 07881.
----------------------------------------------------------------------------------------------------------------
                                  Clark County, Nevada, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Las Vegas Wash......................  At the mouth of the Las        +1425        +1431  City of Henderson, City
                                       Vegas Wash (Lake Las                               of Las Vegas, City of
                                       Vegas Parkway).                                    North Las Vegas,
                                                                                          Unincorporated Areas
                                                                                          of Clark County.
                                      Approximately 375 feet         +1854        +1852
                                       upstream of North Las
                                       Vegas Boulevard.
Unnamed Tributary to Las Vegas Wash   Approximately 1,000            +1857        +1857  City of North Las
 A Channel.                            feet upstream of the                               Vegas.
                                       intersection of Las
                                       Vegas Wash and Las
                                       Vegas Boulevard.
                                      Approximately 400 feet         +1890        +1886
                                       downstream of
                                       I[dash]15.
Unnamed Wash Along Gowan Road.......  Approximately 180 feet          None        +2256  City of Las Vegas,
                                       upstream of the                                    Unincorporated Areas
                                       intersection of North                              of Clark County.
                                       Rancho Drive and West
                                       Gowan Road.
                                      At the intersection of          None        +2311
                                       West Gowan Road and
                                       U.S. Route 95.
Unnamed Wash Along Maverick Street    Approximately 300 feet          None        +2258  City of Las Vegas,
 and Duncan Drive.                     upstream of the                                    Unincorporated Areas
                                       intersection of Duncan                             of Clark County.
                                       Drive and North Rancho
                                       Drive.
                                      Approximately 150 feet          None        +2280
                                       downstream of the
                                       intersection of West
                                       Gowan Road and
                                       Maverick Street.
Unnamed Wash Along North Rancho       Approximately 300 feet          None        +2209  City of Las Vegas, City
 Drive.                                upstream of the                                    of North Las Vegas.
                                       intersection of North
                                       Rancho Drive and North
                                       Decatur Boulevard.
                                      Approximately 250 feet         +2300        +2298
                                       upstream of the
                                       intersection of North
                                       Rancho Drive and West
                                       Craig Road.
Unnamed Wash along U.S. Route 95....  At the intersection of         +2318        +2317  City of Las Vegas.
                                       West Gowan Street and
                                       U.S. Route 95.
                                      Approximately 950 feet         +2326        +2325
                                       upstream of the
                                       intersection of U.S.
                                       Route 95 and West
                                       Craig Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
<greek-i> Depth in feet above ground.
[caret] 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.
 

[[Page 59192]]

 
                                                    ADDRESSES
City of Henderson
Maps are available for inspection at the Public Works Department, 240 Water Street, Henderson, NV 89015.
 
City of Las Vegas
Maps are available for inspection at the Public Works Department, 400 Stewart Avenue, Las Vegas, NV 89101.
 
City of North Las Vegas
Maps are available for inspection at the Public Works Department, 2200 Civic Center Drive, North Las Vegas, NV
 89030.
 
Unincorporated Areas of Clark County
Maps are available for inspection at the Public Works Department, 500 South Grand Central Parkway, Las Vegas, NV
 89155.
----------------------------------------------------------------------------------------------------------------

(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. 2010-24141 Filed 9-24-10; 8:45 am]
BILLING CODE 9110-12-P


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