2010-24370. 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 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, [phone], or (e-mail) [e-mail].

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, [phone], or (e-mail) [e-mail].

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

[Amended]

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	+644
North 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	+549
Stoney Creek	Just upstream of Winter Avenue	None	+612	Unincorporated Areas of Vermilion County
	Approximately 0.5 mile upstream of Winter Avenue	None	+615
Vermilion 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	+4953
Yellowstone 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
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	+1374
Clarion 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	+1387
Elk 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	+1414
Elk 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	+1474
Little 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	+746
Bedford 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	+567
Cottonwood 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	+584
East 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	+616
Hollings 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	+659
Joe 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	+540
Newton 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
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	+598
West 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.