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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-1140]
 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, 
                        ( print page 60014)
                        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 28, 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-1140, 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: Flooding source(s)
Location of referenced elevation
* Elevation in feet (NGVD)
                                     + Elevation in feet 
                                     (NAVD) 
                                     # Depth in feet 
                                     above ground 
                                     ‸ Elevation in meters 
                                     (MSL)Effective
Modified
Communities affected**Vermilion County, Illinois, and Incorporated Areas**East Branch Lick Creek
Approximately 650 feet upstream of U.S. Route 136
None
+613
City of Danville, Unincorporated Areas of Vermilion County.Approximately 350 feet downstream of Lynch Road
None
+644North Fork Vermilion River
Approximately 940 feet downstream of Williams Street/Hungry Hollow Road
None
+543
Unincorporated Areas of Vermilion County.Approximately 0.75 mile upstream of the water treatment plant dam
None
+549Stoney Creek
Just upstream of Winter Avenue
None
+612
Unincorporated Areas of Vermilion CountyApproximately 0.5 mile upstream of Winter Avenue
None
+615Vermilion River
Approximately 0.75 mile downstream of I-74
None
+533
Unincorporated Areas of Vermilion County.Approximately 0.85 mile upstream of the railroad crossing upstream of the confluence of North Fork Vermilion River and parallel to H Avenue
None
+542* National Geodetic Vertical Datum.Map located at the community map repository (see below) for exact locations of all BFEs to be changed.**ADDRESSES****City of Danville**Maps are available for inspection at City Hall, 17 West Main Street, Danville, IL 61832.**Unincorporated Areas of Vermilion County**Maps are available for inspection at the Vermilion County Courthouse, 6 North Vermilion Street, Danville, IL 61832.**Pottawatomie County, Kansas, and Incorporated Areas**North Unnamed Tributary
Approximately 500 feet northeast of the intersection of U.S. Route 24 and Walsh Road
None
#2
City of Wamego, Unincorporated Areas of Pottawatomie County.Approximately 1.0 mile northeast of the intersection of U.S. Route 24 and Walsh Road
None
#2* National Geodetic Vertical Datum.** 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 Wamego**Maps are available for inspection at City Hall, 430 Lincoln Avenue, Wamego, KS 66547.**Unincorporated Areas of Pottawatomie County**Maps are available for inspection at the Pottawatomie County Courthouse, 207 North 1st Street, Westmoreland, KS 66549.Yellowstone River
Approximately 3.26 miles downstream of Northern Pacific Railroad
None
+4357
City of Livingston, Unincorporated Areas of Park County.Approximately 4.14 miles downstream of Tom Miner Creek Road
None
+4953Yellowstone River East Branch
Approximately 0.76 mile downstream of I-90
None
+4493
City of Livingston, Unincorporated Areas of Park County.Approximately 0.94 mile upstream of I-90
None
+4519* National Geodetic Vertical Datum.** 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 Livingston**Maps are available for inspection at 414 East Callender Street, Livingston, MT 59047.**Unincorporated Areas of Park County**Maps are available for inspection at 414 East Callender Street, Livingston, MT 59047.**Elk County, Pennsylvania (All Jurisdictions)**Alysworth Run
Approximately 1,192 feet upstream of West Main Street
+1400
+1397
Township of Ridgway.Approximately 75 feet downstream of Grant Road
+1424
+1420( print page 60016)Clarion River
Approximately 935 feet upstream of the confluence with Alysworth Run
None
+1374
Township of Ridgway.Approximately 1,193 feet downstream of Gillis Ave
None
+1374Clarion River
Approximately 1,200 feet downstream of the confluence with Mason Creek
None
+1384
Township of Ridgway.Approximately 0.56 mile upstream of the confluence with Mason Creek
None
+1387Elk Creek
Approximately 1.18 mile upstream of the confluence with Mohan Run
None
+1408
Township of Ridgway.Approximately 0.44 mile downstream of U.S. Route 219
None
+1414Elk Creek
Approximately 1,867 feet downstream of the confluence with Elk Creek Tributary 1
None
+1473
Township of Ridgway.Approximately 1,885 feet upstream of the confluence with Daguscahonda Run
None
+1474Little Toby Creek
Approximately 0.71 mile downstream of the bridge over Coal Hollow Road
+1680
+1674
Township of Fox.Approximately 0.62 mile downstream of the bridge over Coal Hollow Road
+1690
+1692* National Geodetic Vertical Datum.** 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 Fox**Maps are available for inspection at the Fox Township Municipal Building, 116 Irishtown Road, Kersey, PA 15846.**Township of Ridgway**Maps are available for inspection at the Township Municipal Building, 164 Ridgway Drive, Ridgway, PA 15853.Armstrong Creek
Approximately 100 feet downstream of Waterworks Road
None
+740
Unincorporated Areas of Ellis County.Approximately 1,040 feet upstream of Waterworks Road
None
+746Bedford Branch
Approximately 0.5 mile downstream of Southern Pacific Railroad
None
+538
City of Grand Prairie, Unincorporated Areas of Ellis County.Approximately 275 feet upstream of Southern Pacific Railroad
None
+567Cottonwood Creek
Approximately 0.74 mile upstream of Old Fort Worth Road
None
+574
City of Grand Prairie, Unincorporated Areas of Ellis County.At the confluence with Newton Branch
None
+584East Fork to Soap Creek
At the confluence with Soap Creek
None
+594
City of Midlothian, Unincorporated Areas of Ellis County.Just upstream of Weatherford Road
None
+616Hollings Branch
Approximately 0.66 mile downstream of Magic Valley Lane
None
+641
City of Cedar Hill.Approximately 725 feet downstream of Magic Valley Lane
None
+659Joe Pool Lake
Approximately 0.48 mile downstream of Southern Pacific Railroad
None
+538
City of Grand Prairie, Unincorporated Areas of Ellis County.Approximately 0.37 mile upstream of FM 661
None
+540Newton Branch
At the confluence with Soap Creek
None
+550
City of Grand Prairie, City of Midlothian, Unincorporated Areas of Ellis County.Approximately 1,360 feet upstream of Kimble Road
None
+564( print page 60017)Soap Creek
At the confluence with Joe Pool Lake
None
+540
City of Grand Prairie, City of Midlothian, Unincorporated Areas of Ellis County.Approximately 0.26 mile downstream of U.S. Route 67
None
+598West Soap Creek
At the confluence with Soap Creek
None
+581
Unincorporated Areas of Ellis County.Approximately 0.5 mile upstream of Ray White Road
None
+601* National Geodetic Vertical Datum.** 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 Cedar Hill**Maps are available for inspection at City Hall, 502 Cedar Street, Cedar Hill, TX 75104.**City of Grand Prairie**Maps are available for inspection at City Hall, 317 College Street, Grand Prairie, TX 75053.**City of Midlothian**Maps are available for inspection at City Hall, 104 West Avenue East, Midlothian, TX 76065.**Unincorporated Areas of Ellis County**Maps are available for inspection at the Ellis County Courthouse, 101 West Main Street, Waxahachie, TX 75165.
 (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)
 Dated: September 17, 2010. Sandra K. Knight, Deputy Federal Insurance and Mitigation Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency.


[FR Doc. 2010-24370 Filed 9-28-10; 8:45 am] BILLING CODE 9110-12-P