[Federal Register Volume 75, Number 186 (Monday, September 27, 2010)]
[Proposed Rules]
[Pages 59192-59195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24148]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1138]


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-1138, 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.


[[Page 59193]]


    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 [caret] Elevation    Communities affected
                                                                    in meters (MSL)
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                                 Clinton County, Indiana, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Prairie Creek.......................  Approximately 100 feet          None         +822  City of Frankfort,
                                       downstream of County                               Unincorporated Areas
                                       Road 100 North.                                    of Clinton County.
                                      Approximately 450 feet          None         +853
                                       upstream of Kelly
                                       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 Frankfort
 
Maps are available for inspection at City Hall, 301 East Clinton Street, Frankfort, IN 46041.
 
                                     Unincorporated Areas of Clinton County
 
Maps are available for inspection at the Clinton County Courthouse, 180 Courthouse Square, Frankfort, IN 46041.
----------------------------------------------------------------------------------------------------------------
                                Cerro Gordo County, Iowa, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Chelsea Creek.......................  At the confluence with         +1116        +1118  City of Mason City.
                                       Willow Creek.
                                      Just downstream of             +1131        +1134
                                       Chicago, Milwaukee,
                                       St. Paul and Pacific
                                       Railroad.
Clear Creek.........................  At the confluence with          None        +1180  City of Clear Lake.
                                       Willow Creek.
                                      Just downstream of 40th        +1195        +1192
                                       Street.
Clear Lake..........................  Entire shoreline.......         None        +1228  City of Clear Lake,
                                                                                          City of Ventura,
                                                                                          Unincorporated Areas
                                                                                          of Cerro Gordo County.
Willow Creek........................  Just upstream of State         +1157        +1158  City of Clear Lake,
                                       Road 122.                                          City of Mason City,
                                                                                          Unincorporated Areas
                                                                                          of Cerro Gordo County.
                                      Approximately 850 feet          None        +1195
                                       upstream of I-35.
Winnebago River.....................  Approximately 0.4 mile          None        +1061  City of Mason City,
                                       upstream of Chicago,                               Unincorporated Areas
                                       Milwaukee, St. Paul                                of Cerro Gordo County.
                                       and Pacific Railroad.
                                      Approximately 1.6 mile         +1093        +1092
                                       upstream of 13th
                                       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 Clear Lake
 
Maps are available for inspection at 15 North 6th Street, Clear Lake, IA 50428.
 
City of Mason City
 

[[Page 59194]]

 
Maps are available for inspection at 10 1st Street Northwest, Mason City, IA 50401.
 
City of Ventura
 
Maps are available for inspection at 101 Sena Street, Ventura, IA 50482.
 
                                   Unincorporated Areas of Cerro Gordo County
 
Maps are available for inspection at 220 North Washington Avenue, Mason City, IA 50401.
----------------------------------------------------------------------------------------------------------------
                               Lafayette Parish, Louisiana, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Anselm Coulee.......................  Just upstream of the            None          +14  Unincorporated Areas of
                                       confluence with the                                Lafayette Parish.
                                       Vermillion River.
                                      Just downstream of the          None          +24
                                       confluence with Isaac
                                       Verot Coulee.
----------------------------------------------------------------------------------------------------------------
* 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
 
                                    Unincorporated Areas of Lafayette Parish
 
Maps are available for inspection at 101 East Cypress Street, Lafayette, LA 70501.
----------------------------------------------------------------------------------------------------------------
                                Steele County, Minnesota, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Crane Creek.........................  Approximately 400 feet         +1091        +1092  Unincorporated Areas of
                                       upstream of the                                    Steele County.
                                       confluence with the
                                       Straight River.
                                      At Frontage Road.......        +1091        +1092
----------------------------------------------------------------------------------------------------------------
* 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
 
                                      Unincorporated Areas of Steele County
 
Maps are available for inspection at the Steele County Administration Center, 630 Florence Avenue, Owatonna, MN
 55060.
----------------------------------------------------------------------------------------------------------------
                                Clarion County, Pennsylvania (All Jurisdictions)
----------------------------------------------------------------------------------------------------------------
Allegheny River.....................  Approximately 1.16 mile         None         +837  Township of Brady.
                                       upstream of the
                                       confluence with
                                       Redbank Creek.
                                      Approximately 2.12              None         +838
                                       miles upstream of the
                                       confluence with
                                       Redbank Creek.
Allegheny River.....................  Approximately 1.38 mile         None         +853  Township of Perry,
                                       downstream of the                                  Township of Toby.
                                       confluence with Black
                                       Fox Run.
                                      Approximately 480 feet          None         +868
                                       upstream of State
                                       Route 368.
Allegheny River.....................  Approximately 1,660             None         +873  Township of Richland.
                                       feet downstream of
                                       State Route 58.
                                      Approximately 1,245             None         +873
                                       feet downstream of
                                       State Route 58.
                                      Approximately 860 feet          None         +880
                                       downstream of I-80.
                                      Approximately 920 feet          None         +880
                                       upstream of I-80.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

[[Page 59195]]

 
** 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 Brady
 
Maps are available for inspection at the Brady Township Building, 141 West Liberty Road, Slipery Rock, PA 16057.
 
Township of Perry
 
Maps are available for inspection at the Perry Township Building, 5687 Doc Walker Road, Parker, PA 16049.
 
Township of Richland
 
Maps are available for inspection at the Richland Township Building, 511 Dittman Road, Emlenton, PA 16373.
 
Township of Toby
 
Maps are available for inspection at the Toby Township Building, 37 Simmons Road, Rimersburg, PA 16248.
----------------------------------------------------------------------------------------------------------------

(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. 2010-24148 Filed 9-24-10; 8:45 am]
BILLING CODE 9110-12-P