[Federal Register Volume 75, Number 188 (Wednesday, September 29, 2010)]
[Proposed Rules]
[Pages 60013-60017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24370]


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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]


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,

[[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) <a href="/cdn-cgi/l/email-protection#60120f194e054e171209070814200408134e070f16"><span class="__cf_email__" data-cfemail="22504d5b0c470c55504b454a5662464a510c454d54">[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#40322f396e256e373229272834002428336e272f36"><span class="__cf_email__" data-cfemail="8cfee3f5a2e9a2fbfee5ebe4f8cce8e4ffa2ebe3fa">[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:

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                                                                * Elevation in feet (NGVD)  + Elevation in feet
                                                                 (NAVD)  <greek-i> Depth in feet  above ground
         Flooding source(s)            Location of referenced          [caret] Elevation in meters (MSL)
                                             elevation        --------------------------------------------------
                                                                Effective     Modified     Communities affected
----------------------------------------------------------------------------------------------------------------
                               Vermilion County, Illinois, and Incorporated Areas
================================================================================================================
East Branch Lick Creek..............  Approximately 650 feet          None         +613  City of Danville,
                                       upstream of U.S. Route                             Unincorporated Areas
                                       136.                                               of Vermilion County.
                                      Approximately 350 feet          None         +644
                                       downstream of Lynch
                                       Road.
North Fork Vermilion River..........  Approximately 940 feet          None         +543  Unincorporated Areas of
                                       downstream of Williams                             Vermilion County.
                                       Street/Hungry Hollow
                                       Road.
                                      Approximately 0.75 mile         None         +549
                                       upstream of the water
                                       treatment plant dam.
Stoney Creek........................  Just upstream of Winter         None         +612  Unincorporated Areas of
                                       Avenue.                                            Vermilion County
                                      Approximately 0.5 mile          None         +615
                                       upstream of Winter
                                       Avenue.
Vermilion River.....................  Approximately 0.75 mile         None         +533  Unincorporated Areas of
                                       downstream of I-74.                                Vermilion County.
                                      Approximately 0.85 mile         None         +542
                                       upstream of the
                                       railroad crossing
                                       upstream of the
                                       confluence of North
                                       Fork Vermilion River
                                       and parallel to H
                                       Avenue.
----------------------------------------------------------------------------------------------------------------
* 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.

[[Page 60015]]

 
** 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 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          None   <greek-i>2  City of Wamego,
                                       northeast of the                                   Unincorporated Areas
                                       intersection of U.S.                               of Pottawatomie
                                       Route 24 and Walsh                                 County.
                                       Road.
                                      Approximately 1.0 mile          None   <greek-i>2
                                       northeast of the
                                       intersection of U.S.
                                       Route 24 and Walsh
                                       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.
 
                                                    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              None        +4357  City of Livingston,
                                       miles downstream of                                Unincorporated Areas
                                       Northern Pacific                                   of Park County.
                                       Railroad.
                                      Approximately 4.14              None        +4953  .......................
                                       miles downstream of
                                       Tom Miner Creek Road.
Yellowstone River East Branch.......  Approximately 0.76 mile         None        +4493  City of Livingston,
                                       downstream of I-90.                                Unincorporated Areas
                                                                                          of Park County.
                                      Approximately 0.94 mile         None        +4519
                                       upstream of I-90.
----------------------------------------------------------------------------------------------------------------
* 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 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            +1400        +1397  Township of Ridgway.
                                       feet upstream of West
                                       Main Street.
                                      Approximately 75 feet          +1424        +1420
                                       downstream of Grant
                                       Road.

[[Page 60016]]

 
Clarion River.......................  Approximately 935 feet          None        +1374  Township of Ridgway.
                                       upstream of the
                                       confluence with
                                       Alysworth Run.
                                      Approximately 1,193             None        +1374
                                       feet downstream of
                                       Gillis Ave.
Clarion River.......................  Approximately 1,200             None        +1384  Township of Ridgway.
                                       feet downstream of the
                                       confluence with Mason
                                       Creek.
                                      Approximately 0.56 mile         None        +1387
                                       upstream of the
                                       confluence with Mason
                                       Creek.
Elk Creek...........................  Approximately 1.18 mile         None        +1408  Township of Ridgway.
                                       upstream of the
                                       confluence with Mohan
                                       Run.
                                      Approximately 0.44 mile         None        +1414
                                       downstream of U.S.
                                       Route 219.
Elk Creek...........................  Approximately 1,867             None        +1473  Township of Ridgway.
                                       feet downstream of the
                                       confluence with Elk
                                       Creek Tributary 1.
                                      Approximately 1,885             None        +1474
                                       feet upstream of the
                                       confluence with
                                       Daguscahonda Run.
Little Toby Creek...................  Approximately 0.71 mile        +1680        +1674  Township of Fox.
                                       downstream of the
                                       bridge over Coal
                                       Hollow Road.
                                      Approximately 0.62 mile        +1690        +1692
                                       downstream of the
                                       bridge over Coal
                                       Hollow 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..
                                                    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          None         +740  Unincorporated Areas of
                                       downstream of                                      Ellis County.
                                       Waterworks Road.
                                      Approximately 1,040             None         +746
                                       feet upstream of
                                       Waterworks Road.
Bedford Branch......................  Approximately 0.5 mile          None         +538  City of Grand Prairie,
                                       downstream of Southern                             Unincorporated Areas
                                       Pacific Railroad.                                  of Ellis County.
                                      Approximately 275 feet          None         +567
                                       upstream of Southern
                                       Pacific Railroad.
Cottonwood Creek....................  Approximately 0.74 mile         None         +574  City of Grand Prairie,
                                       upstream of Old Fort                               Unincorporated Areas
                                       Worth Road.                                        of Ellis County.
                                      At the confluence with          None         +584
                                       Newton Branch.
East Fork to Soap Creek.............  At the confluence with          None         +594  City of Midlothian,
                                       Soap Creek.                                        Unincorporated Areas
                                                                                          of Ellis County.
                                      Just upstream of                None         +616
                                       Weatherford Road.
Hollings Branch.....................  Approximately 0.66 mile         None         +641  City of Cedar Hill.
                                       downstream of Magic
                                       Valley Lane.
                                      Approximately 725 feet          None         +659
                                       downstream of Magic
                                       Valley Lane.
Joe Pool Lake.......................  Approximately 0.48 mile         None         +538  City of Grand Prairie,
                                       downstream of Southern                             Unincorporated Areas
                                       Pacific Railroad.                                  of Ellis County.
                                      Approximately 0.37 mile         None         +540
                                       upstream of FM 661.
Newton Branch.......................  At the confluence with          None         +550  City of Grand Prairie,
                                       Soap Creek.                                        City of Midlothian,
                                                                                          Unincorporated Areas
                                                                                          of Ellis County.
                                      Approximately 1,360             None         +564
                                       feet upstream of
                                       Kimble Road.

[[Page 60017]]

 
Soap Creek..........................  At the confluence with          None         +540  City of Grand Prairie,
                                       Joe Pool Lake.                                     City of Midlothian,
                                                                                          Unincorporated Areas
                                                                                          of Ellis County.
                                      Approximately 0.26 mile         None         +598
                                       downstream of U.S.
                                       Route 67.
West Soap Creek.....................  At the confluence with          None         +581  Unincorporated Areas of
                                       Soap Creek.                                        Ellis County.
                                      Approximately 0.5 mile          None         +601
                                       upstream of Ray White
                                       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.
 
                                                    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


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