[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]


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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.

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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, 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:

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                                                                                                                                                                           * 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
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                                                                                   City of Poquoson, Virginia
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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.
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* 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.
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                                                                  * 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
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                                Stearns County, Minnesota, and Incorporated Areas
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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.
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* 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.
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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.
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* 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.
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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.
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* 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.
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(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