[Federal Register Volume 75, Number 186 (Monday, September 27, 2010)] [Proposed Rules] [Pages 59181-59184] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2010-24144] ======================================================================= ----------------------------------------------------------------------- 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) [email protected]. 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) [email protected]. 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: [[Page 59182]] 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)Depth in feet above State City/town/county Source of flooding Location ** ground [caret] 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 None +7 Route 171 and City Hall Avenue. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ * National Geodetic Vertical Datum. + North American Vertical Datum. 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 Poquoson Maps are available for inspection at the Building Official's Office, 500 City Hall Avenue, Poquoson, VA 23662. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ * Elevation in feet (NGVD) + Elevation in feet (NAVD) Location of referenced Depth in feet above Flooding source(s) elevation ground [caret] Elevation Communities affected in meters (MSL) -------------------------- Effective Modified ---------------------------------------------------------------------------------------------------------------- Stearns County, Minnesota, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Sauk Lake........................... Entire shoreline within None +1232 Unincorporated Areas of Stearns County. Stearns County. Sauk River.......................... Approximately 7,260 None +1226 City of Sauk Centre, feet downstream of Unincorporated Areas County Road 17. of Stearns County. Approximately 1,450 None +1227 feet downstream of Main Street. ---------------------------------------------------------------------------------------------------------------- * National Geodetic Vertical Datum. + North American Vertical Datum. 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 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 +356 +361 Town of Philipstown. Clove Creek. Approximately 2,741 None +378 feet upstream of Fishkill Road. [[Page 59183]] Clove Creek......................... Approximately 50 feet +258 +259 Town of Philipstown. downstream of U.S. Route 9. Approximately 1.6 mile None +517 upstream of Briars Road. Croton Falls Diverting Reservoir.... Entire shoreline within None +310 Town of Southeast. the Town of Southeast. Croton Falls Reservoir.............. Entire shoreline....... None +311 Town of Carmel, Town of Southeast. East Branch Croton River............ At the confluence with +311 +310 Town of Southeast, the Croton Falls Village of Brewster. Diverting Reservoir. Reach 1............................. Approximately 777 feet +418 +359 upstream of State Route 22. Foundry Brook....................... Approximately 1,320 +7 +8 Town of Philipstown, feet downstream of Village of Cold State Route 9D. Spring, Village of Nelsonville. Approximately 852 feet None +369 upstream of Fishkill Road. Holly Stream........................ Approximately 1,099 +272 +273 Town of Southeast. feet downstream of State Route 22. Approximately 854 feet None +312 upstream of I-684. Lake Mahopac........................ Entire shoreline within None +660 Town of Carmel. the Town of Carmel. Lost Lake........................... Entire shoreline....... None +466 Town of Patterson. Michael Brook....................... At the confluence with +305 +311 Town of Carmel, Town of the Croton Falls Kent. Reservoir. Approximately 0.9 mile None +593 upstream of Fair Street. Middle Branch Croton River.......... At confluence with the +374 +371 Town of Carmel, Town of Middle Branch Kent, Town of Reservoir. Southeast. Approximately 101 feet +622 +620 upstream of Lakeshore Drive. Middle Branch Reservoir............. Entire shoreline within None +371 Town of Southeast. the Town of Southeast. Muscoot River....................... At the county boundary. +512 +509 Town of Carmel. Approximately 1,009 +513 +511 feet upstream of Stillwater Road. Oscawana Brook...................... At the county boundary. +116 +115 Town of Putnam Valley. Approximately 1,550 None +516 feet upstream of Oscawana Lake Road. Putnam Lake......................... Entire shoreline....... None +494 Town of Patterson. Secor Brook......................... At the confluence with +513 +511 Town of Carmel. the Muscoot River. Approximately 1,396 None +566 feet upstream of Secor Road. Shrub Oak Brook..................... Approximately 500 feet +218 +219 Town of Putnam Valley. upstream of the confluence with Peekskill Hollow Creek. At the county boundary. +391 +393 Stephens Brook...................... Approximately 250 feet +432 +433 Town of Patterson. upstream of the confluence with East Branch Croton River Reach 2. Approximately 31 feet +475 +473 upstream of Thunder Ridge Road. Tonetta Brook....................... At the confluence with +314 +313 Town of Southeast, East Branch Croton Village of Brewster. River Reach 1. Approximately 351 feet +446 +444 upstream of Pumphouse Road. ---------------------------------------------------------------------------------------------------------------- * National Geodetic Vertical Datum. + North American Vertical Datum. 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 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. [[Page 59184]] 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 None +1532 Borough of Lewis Run. upstream of Browntown Road. Approximately 0.70 mile None +1535 upstream of Browntown Road. Marvin Creek........................ Approximately 0.46 mile None +1484 Township of Keating. upstream of U.S. Route 6 (Marvin Street). Approximately 0.59 mile None +1485 upstream of U.S. Route 6 (Marvin Street). Potato Creek........................ Approximately 0.62 mile None +1448 Township of Keating. downstream of Champlin Hill Road. Approximately 1,050 None +1448 feet downstream of Champlin Hill Road. ---------------------------------------------------------------------------------------------------------------- * National Geodetic Vertical Datum. + North American Vertical Datum. 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 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