[Federal Register Volume 75, Number 234 (Tuesday, December 7, 2010)] [Proposed Rules] [Pages 75945-75949] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2010-30613] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1168] 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 March 7, 2011. 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-1168, to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-4064, or (e-mail) [email protected]. FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-4064, 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. [[Page 75946]] 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)Location of referenced Depth in feet above Flooding source(s) elevation** ground [and] Elevation Communities affected in meters (MSL) -------------------------- Effective Modified ---------------------------------------------------------------------------------------------------------------- Skagit County, Washington, and Incorporated Areas ---------------------------------------------------------------------------------------------------------------- Left Bank Overflow Main Stem Skagit Approximately 1,400 feet 2 +23 City of Mount Vernon, River. north of the intersection Unincorporated Areas of Hickox Road and I-5. of Skagit County. Approximately 300 feet 2 +24 west of the intersection of Anderson Road and Old Highway 99. Left Bank Overflow Main Stem Skagit Approximately 0.43 mile +19 +24 City of Mount Vernon, River. east of the intersection Unincorporated Areas of Dike Road and Britt of Skagit County. Road. Approximately 1,500 feet +19 +27 west of the intersection of Riverview Lane and Dike Road. Left Bank Overflow Main Stem Skagit Just northwest of the 3 +26 City of Mount Vernon, River. intersection of Britt Unincorporated Areas Road and Dike Road. of Skagit County. Approximately 250 feet 3 +28 north of Dike Road and approximately 1,000 feet west of Riverview Lane. Left Bank Overflow Main Stem Skagit Approximately 900 feet 1 +25 City of Mount Vernon, River. north of Blackburn Road Unincorporated Areas between 2nd Street and of Skagit County. 3rd Street. At the intersection of 1 +39 Freeway Drive and Cameron Way. Left Bank Overflow Main Stem Skagit Just north of Stewart Road 3 +41 City of Mount Vernon. River. between Riverside Drive and the Burlington Northern Railroad. Just northwest of the 3 +42 intersection of Hoag Road and the Burlington Northern Railroad. Left Bank Overflow Main Stem Skagit Approximately 1.4 miles +34 +40 City of Mount Vernon, River. west of the intersection Unincorporated Areas of I-5 and State Route of Skagit County. 538, at levee. At the intersection of the +34 +40 Burlington Northern Railroad and State Route 538. Left Bank Overflow Main Stem Skagit Just north of the None +24 City of Mount Vernon, River. intersection of Hickox Unincorporated Areas Road and Dike Road. of Skagit County. Approximately 640 feet None +27 west of the intersection of Riverview Lane and Dike Road. Left Bank Overflow Main Stem Skagit At the intersection of I-5 None +24 City of Mount Vernon. River. and Anderson Road. At the intersection of I-5 None +28 and Section Street. Left Bank Overflow Main Stem Skagit Just north of Fir Island 3 +20 City of Mount Vernon, River/South Fork Skagit River. Road, at the intersection Unincorporated Areas with the Burlington of Skagit County. Northern Railroad. Approximately 500 feet 3 +23 south of Hickox Road between the levee and the Burlington Northern Railroad. Left Bank Overflow Main Stem Skagit Approximately 0.75 mile +13 +16 Unincorporated Areas River/South Fork Skagit River. south of the intersection of Skagit County. of Milltown Road and Pioneer Highway. At the intersection of +13 +20 State Route 534 and I-5. [[Page 75947]] Left Bank Overflow North Fork Just east of the levee, 1 +16 Unincorporated Areas Skagit River. approximately 350 feet of Skagit County. northeast of the intersection of Moore Road and Polson Road. Just east of the levee, 1 +18 approximately 450 feet north of Moore Road. Main Stem Skagit River............. At the confluence with the +27 +30 City of Burlington, North Fork Skagit River City of Mount and South Fork Skagit Vernon, City of River. Sedro-Woolley, Town of La Conner, Unincorporated Areas of Skagit County. Just downstream of the +49 +52 Burlington Northern Railroad. North Fork Skagit River............ At the confluence with +14 +16 Unincorporated Areas Skagit Bay. of Skagit County. At the confluence with the +27 +30 Main Stem Skagit River and South Fork Skagit River. Overflow from the Main Stem Skagit At the confluence with +12 +14 Unincorporated Areas River between the North Fork Skagit Bay. of Skagit County. Skagit River and the South Fork Skagit River. At the intersection of +13 +18 Moore Road and Dry Slough Road. Overflow from the Main Stem Skagit Approximately 200 feet 3 +18 Unincorporated Areas River between the North Fork north of Moore Road of Skagit County. Skagit River and the South Fork between the North Fork Skagit River Padilla Bay. Skagit River and Dry Slough Road. Approximately 880 feet 3 +21 southwest of the confluence with North Fork Skagit River and the South Fork Skagit River. Approximately 1,000 feet None +13 Swinomish Indian northwest of the Tribal Community. intersection of Highway 20 and Padilla Heights Road. Approximately 100 feet None +13 north of the crossing at State Route 20 and the Swinomish Channel. Right Bank Overflow Main Stem Approximately 0.36 mile 3 +21 City of Mount Vernon, Skagit River. west of the intersection Unincorporated Areas of Penn Road and Calhoun of Skagit County. Road. Approximately 400 feet 3 +30 south of the levee between Moores Garden Road and Baker Street. Right Bank Overflow Main Stem Approximately 300 feet 3 +24 Unincorporated Areas Skagit River. north of the intersection of Skagit County. of Dunbar Avenue and Avon Allen Road. Aproximately 500 feet east 3 +31 of Avon Allen Road between Bennett Road and State Route 536. Right Bank Overflow Main Stem Approximately 400 feet 3 +25 Unincorporated Areas Skagit River. northeast of the of Skagit County. intersection of Bennett Road and State Route 536. Approximately 500 feet 3 +34 southeast of the intersection of Bennett Road and Silver Lane. Right Bank Overflow Main Stem Approximately 400 feet 3 +32 Unincorporated Areas Skagit River. west of the intersection of Skagit County. of Pulver Road and McCorquedale Road. Approximately 400 feet 3 +34 east of Pulver Road between Whitemarsh Road and McCorquedale Road. Right Bank Overflow Main Stem At Kamb Road approximately 3 +19 Unincorporated Areas Skagit River/North Fork Skagit 0.47 mile south of of Skagit County. River Right Bank Overflow North Calhoun Road. Fork Skagit River. Approximately 0.38 mile 3 +20 southeast of the intersection of Calhoun Road and Kamb Road. Just south of Kamb Road 3 +19 Unincorporated Areas approximately 0.66 mile of Skagit County. east of Beaver Marsh Road. Approximately 1,600 feet 3 +19 east of the intersection of Beaver Marsh Road and Marsh Road. [[Page 75948]] Right Bank Overflow South Fork Between Moore Road and 1 +17 Unincorporated Areas Skagit River Samish Bay. Polson Road Approximately 1 +18 of Skagit County. 870 feet south of Moore Road, at levee. At the intersection of +12 +13 Unincorporated Areas Chuckanut Drive and South of Skagit County. Blanchard Drive. Samish Bay/Padilla Bay Simlik Bay.. At the intersection of +12 +13 Unincorporated Areas Bayview-Edison Road and of Skagit County. Samish Island Road. Approximately 0.32 mile None +12 Swinomish Indian southwest of the Tribal Community. intersection of Snee-Oosh Road and Snee-Oosh Lane. Approximately 100 feet None +12 southwest of the intersection of Reservation Road and Simlik Bay Road. Skagit Bay......................... Approximately 0.36 mile +15 +14 Unincorporated Areas northwest of the of Skagit County. intersection of Pioneer Highway and Milltown Road. At the confluence of +17 +14 Ishois Slough and Tom Moore Slough. Skagit Bay......................... Approximately 200 feet None +12 Swinomish Indian northwest of the Tribal Community. intersection of Sherman Avenue and Chilberg Avenue. Approximately 0.32 mile None +12 southwest of the intersection of Snee-Oosh Road and Snee-Oosh Lane. Skagit Bay......................... Approximately 400 feet None +14 Swinomish Indian northwest of Pull and Be Tribal Community. Damned Point Road. Approximately 200 feet None +14 southwest of the intersection of Sherman Avenue and Chilberg Avenue. Skagit Bay/Swinomish Channel....... Approximately 600 feet None +12 Swinomish Indian southwest of the Tribal Community. intersection of North Pearle Jensen Way and East Pearle Jensen Way. Approximately 400 feet None +12 west of Pull and Be Damned Point Road. Skagit River....................... Just upstream of the +49 +52 City of Sedro- Burlington Northern Woolley, Town of Railroad. Concrete, Town of Hamilton, Town of Lyman, Unincorporated Areas of Skagit County. Approximately 1.0 mile +197 +198 upstream of the confluence with the Baker River. Skagit River Delta Overbank Just upstream of Pulver +27 +32 City of Burlington, Flowpath 1. Road. Unincorporated Areas of Skagit County. Approximately 1,170 feet +45 +46 southeast of the intersection of Lafayette Road and Peter Anderson Road. Skagit River Delta Overbank At the confluence with +12 +13 Unincorporated Areas Flowpath 2 Skagit River Delta Samish Bay. of Skagit County. Overbank Flowpath 3. Just downstream of Pulver +27 +32 Road. At the confluence with the +12 +15 Town of La Conner, Swinomish Channel. Unincorporated Areas of Skagit County. Just downstream of Pulver +27 +32 Road. South Fork Skagit River............ At the confluence with +17 +14 Unincorporated Areas Ishois Slough and Tim of Skagit County. Moore Slough. At the confluence with the +27 +30 Main Stem Skagit River and the North Fork Skagit River. Swinomish Channel.................. Just north of Highway 20.. None +11 Swinomish Indian Tribal Community. Approximately 600 feet None +11 northwest of the intersection of North Pearle Jensen Way and East Pearle Jensen Way. ---------------------------------------------------------------------------------------------------------------- * National Geodetic Vertical Datum. + North American Vertical Datum. Depth in feet above ground. [and] 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. [[Page 75949]] Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Burlington Maps are available for inspection at 900 East Fairhaven Avenue, Burlington, WA 98233. City of Mount Vernon Maps are available for inspection at 910 Cleveland Avenue, Mount Vernon, WA 98273. City of Sedro-Woolley Maps are available for inspection at 720 Murdock Street, Sedro-Woolley, WA 98284. Swinomish Indian Tribal Community Maps are available for inspection at 11404 Moorway Way, La Conner, WA 98257. Town of Concrete Maps are available for inspection at 45672 Main Street, Concrete, WA 98237. Town of Hamilton Maps are available for inspection at 584 Maple Street, Hamilton, WA 98255. Town of La Conner Maps are available for inspection at 204 Douglas Street, La Conner, WA 98257. Town of Lyman Maps are available for inspection at 8224 South Main Street, Lyman, WA 98263. Unincorporated Areas of Skagit County Maps are available for inspection at 1800 Continental Place, Mount Vernon, WA 98273. ---------------------------------------------------------------------------------------------------------------- (Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'') Dated: November 23, 2010. Sandra K. Knight, Deputy Federal Insurance and Mitigation Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2010-30613 Filed 12-6-10; 8:45 am] BILLING CODE 9110-12-P