Final Flood Elevation Determinations, 43418-43423 [2010-18195]

Download as PDF wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 43418 Federal Register / Vol. 75, No. 142 / Monday, July 26, 2010 / Rules and Regulations levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999), because it merely authorizes State requirements as part of the State RCRA hazardous waste program without altering the relationship or the distribution of power and responsibilities established by RCRA. This action also is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is not economically significant and it does not make decisions based on environmental health or safety risks. This rule is not subject to Executive Order 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355 (May 22, 2001)) because it is not a significant regulatory action under Executive Order 12866. Under RCRA 3006(b), EPA grants a State’s application for authorization as long as the State meets the criteria required by RCRA. It would thus be inconsistent with applicable law for EPA, when it reviews a State authorization application, to require the use of any particular voluntary consensus standard in place of another standard that otherwise satisfies the requirements of RCRA. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this rule, EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct. EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the takings implications of the rule in accordance with the ‘‘Attorney General’s Supplemental Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings’’ issued under the executive order. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this document and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller VerDate Mar<15>2010 14:07 Jul 23, 2010 Jkt 220001 General of the United States prior to publication in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). This action nevertheless will be effective 60 days after it is published, because it is an immediate final rule. List of Subjects in 40 CFR Part 271 Environmental protection, Administrative practice and procedure, Confidential business information, Hazardous waste, Hazardous waste transportation, Indian lands, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements. Authority: This action is issued under the authority of sections 2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as amended 42 U.S.C. 6912(a), 6926, 6974(b). Dated: July 7, 2010. H. Curtis Spalding, Regional Administrator, EPA New England. [FR Doc. 2010–18235 Filed 7–23–10; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket ID FEMA–2010–0003] Final Flood Elevation Determinations Federal Emergency Management Agency, DHS. ACTION: Final rule. AGENCY: Base (1% annual-chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). SUMMARY: The date of issuance of the Flood Insurance Rate Map (FIRM) showing BFEs and modified BFEs for each community. This date may be obtained by contacting the office where the maps are available for inspection as indicated in the table below. ADDRESSES: The final BFEs for each community are available for inspection at the office of the Chief Executive DATES: PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 Officer of each community. The respective addresses are listed in the table below. FOR FURTHER INFORMATION CONTACT: Kevin C. Long, Acting Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646–2820, or (e-mail) kevin.long@dhs.gov. SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency (FEMA) makes the final determinations listed below for the modified BFEs for each community listed. These modified elevations have been published in newspapers of local circulation and ninety (90) days have elapsed since that publication. The Deputy Federal Insurance and Mitigation Administrator has resolved any appeals resulting from this notification. This final rule is issued in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 67. FEMA has developed criteria for floodplain management in floodprone areas in accordance with 44 CFR part 60. Interested lessees and owners of real property are encouraged to review the proof Flood Insurance Study and FIRM available at the address cited below for each community. The BFEs and modified BFEs are made final in the communities listed below. Elevations at selected locations in each community are shown. National Environmental Policy Act. This final 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. Regulatory Classification. This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. Executive Order 13132, Federalism. This final rule involves no policies that have federalism implications under Executive Order 13132. Executive Order 12988, Civil Justice Reform. This final 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. E:\FR\FM\26JYR1.SGM 26JYR1 43419 Federal Register / Vol. 75, No. 142 / Monday, July 26, 2010 / Rules and Regulations 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. Accordingly, 44 CFR part 67 is amended as follows: ■ PART 67—[AMENDED] 1. The authority citation for part 67 continues to read as follows: ■ State City/town/county Source of flooding § 67.11 [Amended] 2. The tables published under the authority of § 67.11 are amended as follows: ■ * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground ∧ Elevation in meters (MSL) Modified Location City of Williston, North Dakota Docket No.: FEMA–B–1060 North Dakota ................ City of Williston ............ Sand Creek ...................... Approximately 105 feet downstream of Riverside Drive West. Approximately 2.57 miles upstream of 11th Street. +1,852 +1,941 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Williston Maps are available for inspection at 22 East Broadway, Williston, ND 58802. Flooding source(s) * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground ∧ Elevation in meters (MSL) Modified Location of referenced elevation Communities affected Greene County, Alabama, and Incorporated Areas Docket No.: FEMA–B–1049 Boligee Canal ........................... Tombigbee River ...................... Approximately 1,372 feet downstream of County Road 81 Approximately 193 feet upstream of County Road 81 ....... Approximately 2.97 miles upstream of I–20 ....................... +117 +117 +117 City of Boligee. City of Boligee. * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Boligee Maps are available for inspection at 8 City Hall Circle, Boligee, AL 35443. Glenn County, California, and Incorporated Areas Docket No.: FEMA–B–1056 wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 Butte Creek ............................... Butte Creek (Outside of Levee) Approximately Road. Just upstream Approximately Road. Just upstream 2,270 feet downstream of Aguas Frias +105 of Aguas Frias Road ................................... 3,230 feet downstream of Aguas Frias +108 +97 of Aguas Frias Road ................................... +97 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. VerDate Mar<15>2010 14:07 Jul 23, 2010 Jkt 220001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\26JYR1.SGM 26JYR1 Unincorporated Areas of Glenn County. Unincorporated Areas of Glenn County. 43420 Federal Register / Vol. 75, No. 142 / Monday, July 26, 2010 / Rules and Regulations Flooding source(s) * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground ∧ Elevation in meters (MSL) Modified Location of referenced elevation Communities affected ADDRESSES Unincorporated Areas of Glenn County Maps are available for inspection at 777 North Colusa Street, Willows, CA 95988. Perry County, Illinois, and Incorporated Areas Docket No.: FEMA–B–1060 Beaucoup Creek ....................... Approximately 200 feet upstream of railroad at the east end of Cedar Point Lane. Approximately 913 feet upstream of the confluence with Railroad Tributary. +407 Unincorporated Areas of Perry County. +416 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES Unincorporated Areas of Perry County Maps are available for inspection at the Perry County Courthouse, 1 Public Square, Pinckneyville, IL 62274. Schuyler County, Illinois, and Incorporated Areas Docket No.: FEMA–B–1053 Illinois River .............................. Approximately 0.4 mile downstream of the confluence with the La Moine River. +450 Approximately 2.55 miles upstream of the confluence with Elm Creek. Unincorporated Areas of Schuyler County, Village of Browning. +452 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES Unincorporated Areas of Schuyler County Maps are available for inspection at the Schuyler County Highway Department, 121 Henninger Drive, Rushville, IL 62681. Village of Browning Maps are available for inspection at the Village Hall, 501 Main Street, Browning, IL 62624. St. Landry Parish, Louisiana, and Incorporated Areas Docket No.: FEMA–B–1040 Bayou Belleview ....................... Approximately 330 feet downstream of George Street ...... +68 Bayou Tesson ........................... Approximately 125 feet upstream of Gulino Street ............. Approximately 450 feet upstream of Caddo Street ............ +70 +68 Approximately 100 feet upstream of Park Street ................ Approximately 350 feet east of Palm Street ....................... +70 +25 Approximately 1,800 feet west of State Highway 741 and 25 feet north of U.S. Route 190. +25 wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 Flooding Effects of Unnamed Canal/Ditch. * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Opelousas Maps are available for inspection at 318 North Court Street, Opelousas, LA 70570. Town of Port Barre Maps are available for inspection at 504 Saizan Avenue, Port Barre, LA 70577. VerDate Mar<15>2010 14:07 Jul 23, 2010 Jkt 220001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\26JYR1.SGM 26JYR1 Unincorporated Areas of St. Landry Parish. City of Opelousas, Unincorporated Areas of St. Landry Parish. Town of Port Barre. Federal Register / Vol. 75, No. 142 / Monday, July 26, 2010 / Rules and Regulations Flooding source(s) * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground ∧ Elevation in meters (MSL) Modified Location of referenced elevation 43421 Communities affected Unincorporated Areas of St. Landry Parish Maps are available for inspection at 308 West Bloch Street, Opelousas, LA 70571. Lincoln County, Nevada, and Incorporated Areas Docket Nos.: FEMA–B–1054 and FEMA–B–107 Clover Creek ............................. Meadow Valley Wash (Near Caliente). Meadow Valley Wash (Near Ursine). Approximately 280 feet upstream of the confluence with Meadow Valley Wash (Near Caliente). +4,409 Approximately 2.4 miles upstream of the confluence with Meadow Valley Wash (Near Caliente). Approximately 0.73 mile downstream of Union Pacific Railroad. +4,473 Approximately Railroad. Approximately Railroad. Approximately Approximately Road. Approximately Road. 0.73 mile downstream of Union Pacific +4,329 1,540 feet downstream of Union Pacific #3 674 feet upstream of U.S. Route 93 ........... 1.0 mile downstream of North Eagle Valley +4,438 +5,543 1,150 feet upstream of North Eagle Valley +5,607 #2 City of Caliente, Unincorporated Areas of Lincoln County. City of Caliente, Unincorporated Areas of Lincoln County. Unincorporated Areas of Lincoln County. * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Caliente Maps are available for inspection at 100 Depot Avenue, Caliente, NV 89008. Unincorporated Areas of Lincoln County Maps are available for inspection at the Lincoln County Planning and Zoning Department, 181 Main Street, Suite 107, Pioche, NV 89043. Curry County, New Mexico, and Incorporated Areas Docket No.: FEMA–B–1021 Northeast Drain ......................... Approximately 5,276 feet downstream of Humphry Road .. +4,216 Thomas Ditch 1 ........................ At the confluence with West 2nd Street Drain .................... Approximately 645 feet upstream of Schepps Boulevard .. Just upstream of Merlene Boulevard .................................. Approximately at Brady Avenue .......................................... +4,217 +4,225 +4,236 +4,262 West Second Street Drain ........ Approximately at Burlington Northern Santa Fe Railroad .. At the confluence with Northeast Drain .............................. +4,280 +4,217 Approximately 268 feet upstream of Norris Road .............. City of Clovis, Unincorporated Areas of Curry County. +4,232 Unincorporated Areas of Curry County. Unincorporated Areas of Curry County. wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Clovis Maps are available for inspection at 321 Connelly Street, Clovis, NM 88101. Unincorporated Areas of Curry County Maps are available for inspection at 321 Connelly Street, Clovis, NM 88101. San Juan County, New Mexico, and Incorporated Areas Docket No.: FEMA–B–1028 Animas River ............................ VerDate Mar<15>2010 14:07 Jul 23, 2010 At the confluence with the San Juan River ........................ Jkt 220001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\26JYR1.SGM +5,256 26JYR1 Unincorporated Areas of San Juan County. 43422 Federal Register / Vol. 75, No. 142 / Monday, July 26, 2010 / Rules and Regulations * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground ∧ Elevation in meters (MSL) Modified Flooding source(s) Location of referenced elevation Bloomfield Canyon Creek ......... Approximately 1,200 feet downstream of Murray Drive/ U.S. Route 64. Approximately 2,232 feet upstream of East Broadway Avenue. +5,436 At the confluence with Bloomfield Canyon Creek Tributary At the confluence with Bloomfield Canyon Creek .............. +5,545 +5,545 Approximately 2,366 feet upstream of Unnamed Dirt Road Bridge. Approximately 1,709 feet downstream of Bisti Highway .... +5,737 Bloomfield Canyon Creek Tributary. San Juan River ......................... Approximately 9,367 feet upstream of the confluence with the Animas River. Communities affected +5,267 +5,245 City of Bloomfield, Unincorporated Areas of San Juan County. City of Bloomfield, Unincorporated Areas of San Juan County. Unincorporated Areas of San Juan County. +5,269 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Bloomfield Maps are available for inspection at 915 North 1st Street, Bloomfield, NM 87413. Unincorporated Areas of San Juan County Maps are available for inspection at 209 South Oliver Drive, Aztec, NM 87410. Ottawa County, Oklahoma, and Incorporated Areas Docket No.: FEMA–B–1049 Belmont Run ............................. Approximately 1,317 feet upstream of 30th Avenue .......... +803 Fairgrounds Branch .................. Approximately 1,288 feet upstream of Newman Road ....... Approximately 700 feet upstream of E Street ..................... +805 +774 Neosho River ............................ Approximately 0.58 mile upstream of E Street ................... Just upstream of E Street ................................................... +774 +775 Warren Branch .......................... Approximately 0.93 mile upstream of State Highway 69 .... Approximately 434 feet upstream of Main Street ............... +776 +869 Wyandotte Ditch ....................... Approximately 1,826 feet upstream of Modoe Street ......... Approximately 1,320 feet downstream of Main Street ........ Approximately 904 feet upstream of South 650 Road ....... +885 +757 +789 City of Miami, Town of North Miami, Unincorporated Areas of Ottawa County. Unincorporated Areas of Ottawa County. Unincorporated Areas of Ottawa County. Town of Peoria, Unincorporated Areas of Ottawa County. Town of Wyandotte. * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 ADDRESSES City of Miami Maps are available for inspection Town of North Miami Maps are available for inspection Town of Peoria Maps are available for inspection Town of Wyandotte Maps are available for inspection at the Civic Center, 129 5th Street Northwest, Miami, OK 74354. at the Ottawa County Courthouse, 102 East Central Avenue, Suite 202, Miami, OK 74354. at the Ottawa County Courthouse, 102 East Central Avenue, Suite 202, Miami, OK 74354. at City Hall, 14 North Main Street, Wyandotte, OK 74370. Unincorporated Areas of Ottawa County Maps are available for inspection at the County Courthouse, 102 East Central Avenue, Suite 202, Miami, OK 74354. VerDate Mar<15>2010 14:07 Jul 23, 2010 Jkt 220001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\26JYR1.SGM 26JYR1 Federal Register / Vol. 75, No. 142 / Monday, July 26, 2010 / Rules and Regulations Flooding source(s) * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground ∧ Elevation in meters (MSL) Modified Location of referenced elevation 43423 Communities affected Teton County, Wyoming, and Incorporated Areas Docket No.: FEMA–B–7774 Flat Creek ................................. Approximately 5,100 feet south of the intersection of Wilson Canyon Drive and U.S. Route 89. Approximately 1,350 feet downstream of High School Road. *5,974 Unincorporated Areas of Teton County. *6,107 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES Unincorporated Areas of Teton County Maps are available for inspection at the Teton County Administration Building, 200 South Willow Street, Jackson, WY 83001. (Catalog of Federal Domestic Assistance No. 97.022, ‘‘Flood Insurance.’’) Dated: July 19, 2010. Sandra K. Knight, Deputy Federal Insurance and Mitigation Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2010–18195 Filed 7–23–10; 8:45 am] BILLING CODE 9110–12–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 95 [WT Docket No. 98–182; FCC 10–106] 1998 Biennial Regulatory Review— Private Land Mobile Radio Services Federal Communications Commission. ACTION: Final rule; petition for reconsideration. AGENCY: In this document, the Commission denies the petition filed by the Personal Radio Steering Group (PRSG) regarding certain Multi-Use Radio Service (MURS) rules. In essence, the Commission finds that PRSG has not demonstrated that the changes it seeks are necessary and are in the public interest. Accordingly, there is no change to the CFR. DATES: Effective July 26, 2010. FOR FURTHER INFORMATION CONTACT: B.C. ‘‘Jay’’ Jackson, Jr., Mobility Division, Wireless Telecommunications Bureau, jay.jackson@fcc.gov, 202–418–1309. SUPPLEMENTARY INFORMATION: This is a summary of the Federal wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 SUMMARY: VerDate Mar<15>2010 14:07 Jul 23, 2010 Jkt 220001 Communications Commission’s Memorandum Opinion and Order on Reconsideration (MO&O on Recon.) in WT Docket No. 98–182, FCC 10–106, adopted on June 1, 2010, and released on June 7, 2010. Contemporaneous with this document, the Commission issues a Notice of Proposed Rule Making (published elsewhere in this publication). The complete text of this document may be downloaded from the FCC Web site (https://www.fcc.gov) at https://hraunfoss.fcc.gov/edocs_public/ attachmatch/FCC-10-106A1.pdf. This document and all related Commission documents is also available for inspection and copying during normal business hours in the FCC Reference Center, 445 12th Street, SW., Washington, DC 20554. A copy of the complete text may also be purchased from the Commission’s copy contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room CY–B402, Washington, DC 20554. Alternative formats are available to persons with disabilities by sending an e-mail to FCC504@fcc.gov or by calling the Consumer & Governmental Affairs Bureau at 202–418–0530 (voice), 202– 418–0432 (tty). Synopsis 1. In the Report and Order, 15 FCCR 16673, 16688 para. 31 (2000), in WT Docket No. 98–182, the Federal Communications Commission (‘‘Commission’’) reallocated five frequencies to the newly-created MultiUse Radio Service (MURS), a two-way, short-distance, voice, data or image communication service for the personal or business activities of the general public. In response to petitions for PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 reconsideration, the Commission affirmed its decision to license MURS by rule, but adopted additional technical restrictions designed to address concerns expressed by grandfathered (i.e., pre-MURS) users of the five frequencies. See Memorandum Opinion and Order (MO&O) at 67 FR 63279, October 11, 2002, in WT Docket No. 98–182. PRSG filed a petition for reconsideration of certain aspects of the MO&O. Specifically, PRSG requests that the Commission (1) reconsider prohibiting MURS radios from interconnecting with the public switched telephone network (PSTN); (2) require MURS radios to have automatic monitoring, a feature that prevents the radio from transmitting on a channel that is already in use; and (3) revisit the grandfathering privileges extended to pre-MURS business and industrial licensees that had facilities operating on the MURS frequencies. 2. Interconnection. The Commission prohibited interconnecting MURS transmitters with the PSTN. It concluded that such interconnection would be inappropriate for MURS because of the limited number of channels and the importance of spectrum sharing. PRSG supports the prohibition on interconnection, but asserts that the regulatory language adopted by the Commission is imprecise and antiquated. PRSG argues that the rule should address issues such as connecting to networks other than the PSTN. No commenting party supports PRSG’s request. The Commission finds that the interconnection prohibition contained in 47 CFR 95.1313 is sufficiently clear, and that no changes are needed. E:\FR\FM\26JYR1.SGM 26JYR1

Agencies

[Federal Register Volume 75, Number 142 (Monday, July 26, 2010)]
[Rules and Regulations]
[Pages 43418-43423]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-18195]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2010-0003]


Final Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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

SUMMARY: Base (1% annual-chance) Flood Elevations (BFEs) and modified 
BFEs are made final for the communities listed below. The BFEs and 
modified BFEs are the basis for the floodplain management measures that 
each community is required either to adopt or to show evidence of being 
already in effect in order to qualify or remain qualified for 
participation in the National Flood Insurance Program (NFIP).

DATES: The date of issuance of the Flood Insurance Rate Map (FIRM) 
showing BFEs and modified BFEs for each community. This date may be 
obtained by contacting the office where the maps are available for 
inspection as indicated in the table below.

ADDRESSES: The final BFEs for each community are available for 
inspection at the office of the Chief Executive Officer of each 
community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT: Kevin C. Long, Acting Chief, 
Engineering Management Branch, Federal Insurance and Mitigation 
Administration, Federal Emergency Management Agency, 500 C Street, SW., 
Washington, DC 20472, (202) 646-2820, or (e-mail) kevin.long@dhs.gov.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency 
(FEMA) makes the final determinations listed below for the modified 
BFEs for each community listed. These modified elevations have been 
published in newspapers of local circulation and ninety (90) days have 
elapsed since that publication. The Deputy Federal Insurance and 
Mitigation Administrator has resolved any appeals resulting from this 
notification.
    This final rule is issued in accordance with section 110 of the 
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 
67. FEMA has developed criteria for floodplain management in floodprone 
areas in accordance with 44 CFR part 60.
    Interested lessees and owners of real property are encouraged to 
review the proof Flood Insurance Study and FIRM available at the 
address cited below for each community. The BFEs and modified BFEs are 
made final in the communities listed below. Elevations at selected 
locations in each community are shown.
    National Environmental Policy Act. This final 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.
    Regulatory Classification. This final rule is not a significant 
regulatory action under the criteria of section 3(f) of Executive Order 
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 
51735.
    Executive Order 13132, Federalism. This final rule involves no 
policies that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This final 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 43419]]


0
Accordingly, 44 CFR part 67 is amended as follows:

PART 67--[AMENDED]

0
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.  67.11  [Amended]

0
2. The tables published under the authority of Sec.  67.11 are amended 
as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                         * Elevation in
                                                                                                                                         feet (NGVD)  +
                                                                                                                                       Elevation in feet
                                                                                                                                       (NAVD)  
             State             City/town/county         Source of flooding                              Location                         Depth in feet
                                                                                                                                          above ground
                                                                                                                                       [caret] Elevation
                                                                                                                                        in  meters (MSL)
                                                                                                                                            Modified
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             City of Williston, North Dakota
                                                                 Docket No.: FEMA-B-1060
--------------------------------------------------------------------------------------------------------------------------------------------------------
North Dakota.................  City of           Sand Creek......................  Approximately 105 feet downstream of Riverside                 +1,852
                                Williston.                                          Drive West.
                                                                                   Approximately 2.57 miles upstream of 11th Street..             +1,941
--------------------------------------------------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
 
                                                                        ADDRESSES
 
City of Williston
Maps are available for inspection at 22 East Broadway, Williston, ND 58802.
--------------------------------------------------------------------------------------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------
                                                                      * Elevation in
                                                                      feet (NGVD)  +
                                                                    Elevation in feet
                                                                    (NAVD)  
           Flooding source(s)              Location of referenced     Depth in feet       Communities affected
                                                 elevation             above ground
                                                                    [caret] Elevation
                                                                     in  meters (MSL)
                                                                         Modified
----------------------------------------------------------------------------------------------------------------
                                 Greene County, Alabama, and Incorporated Areas
                                             Docket No.: FEMA-B-1049
----------------------------------------------------------------------------------------------------------------
Boligee Canal..........................  Approximately 1,372 feet                +117  City of Boligee.
                                          downstream of County
                                          Road 81.
                                         Approximately 193 feet                  +117
                                          upstream of County Road
                                          81.
Tombigbee River........................  Approximately 2.97 miles                +117  City of Boligee.
                                          upstream of I-20.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
 
                                                    ADDRESSES
 
City of Boligee
Maps are available for inspection at 8 City Hall Circle, Boligee, AL 35443.
----------------------------------------------------------------------------------------------------------------
                                Glenn County, California, and Incorporated Areas
                                             Docket No.: FEMA-B-1056
----------------------------------------------------------------------------------------------------------------
Butte Creek............................  Approximately 2,270 feet                +105  Unincorporated Areas of
                                          downstream of Aguas                           Glenn County.
                                          Frias Road.
                                         Just upstream of Aguas                  +108
                                          Frias Road.
Butte Creek (Outside of Levee).........  Approximately 3,230 feet                 +97  Unincorporated Areas of
                                          downstream of Aguas                           Glenn County.
                                          Frias Road.
                                         Just upstream of Aguas                   +97
                                          Frias 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.
 

[[Page 43420]]

 
                                                    ADDRESSES
 
                                      Unincorporated Areas of Glenn County
Maps are available for inspection at 777 North Colusa Street, Willows, CA 95988.
----------------------------------------------------------------------------------------------------------------
                                 Perry County, Illinois, and Incorporated Areas
                                             Docket No.: FEMA-B-1060
----------------------------------------------------------------------------------------------------------------
Beaucoup Creek.........................  Approximately 200 feet                  +407  Unincorporated Areas of
                                          upstream of railroad at                       Perry County.
                                          the east end of Cedar
                                          Point Lane.
                                         Approximately 913 feet                  +416
                                          upstream of the
                                          confluence with Railroad
                                          Tributary.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
 
                                                    ADDRESSES
 
                                      Unincorporated Areas of Perry County
Maps are available for inspection at the Perry County Courthouse, 1 Public Square, Pinckneyville, IL 62274.
----------------------------------------------------------------------------------------------------------------
                                Schuyler County, Illinois, and Incorporated Areas
                                             Docket No.: FEMA-B-1053
----------------------------------------------------------------------------------------------------------------
Illinois River.........................  Approximately 0.4 mile                  +450  Unincorporated Areas of
                                          downstream of the                             Schuyler County, Village
                                          confluence with the La                        of Browning.
                                          Moine River.
                                         Approximately 2.55 miles                +452
                                          upstream of the
                                          confluence with Elm
                                          Creek.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
 
                                                    ADDRESSES
 
                                     Unincorporated Areas of Schuyler County
Maps are available for inspection at the Schuyler County Highway Department, 121 Henninger Drive, Rushville, IL
 62681.
 
Village of Browning
Maps are available for inspection at the Village Hall, 501 Main Street, Browning, IL 62624.
----------------------------------------------------------------------------------------------------------------
                              St. Landry Parish, Louisiana, and Incorporated Areas
                                             Docket No.: FEMA-B-1040
----------------------------------------------------------------------------------------------------------------
Bayou Belleview........................  Approximately 330 feet                   +68  Unincorporated Areas of
                                          downstream of George                          St. Landry Parish.
                                          Street.
                                         Approximately 125 feet                   +70
                                          upstream of Gulino
                                          Street.
Bayou Tesson...........................  Approximately 450 feet                   +68  City of Opelousas,
                                          upstream of Caddo Street.                     Unincorporated Areas of
                                                                                        St. Landry Parish.
                                         Approximately 100 feet                   +70
                                          upstream of Park Street.
Flooding Effects of Unnamed Canal/Ditch  Approximately 350 feet                   +25  Town of Port Barre.
                                          east of Palm Street.
                                         Approximately 1,800 feet                 +25
                                          west of State Highway
                                          741 and 25 feet north of
                                          U.S. Route 190.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
 
                                                    ADDRESSES
 
City of Opelousas
Maps are available for inspection at 318 North Court Street, Opelousas, LA 70570.
 
Town of Port Barre
Maps are available for inspection at 504 Saizan Avenue, Port Barre, LA 70577.
 

[[Page 43421]]

 
                                    Unincorporated Areas of St. Landry Parish
Maps are available for inspection at 308 West Bloch Street, Opelousas, LA 70571.
----------------------------------------------------------------------------------------------------------------
                                 Lincoln County, Nevada, and Incorporated Areas
                                     Docket Nos.: FEMA-B-1054 and FEMA-B-107
----------------------------------------------------------------------------------------------------------------
Clover Creek...........................  Approximately 280 feet                +4,409  City of Caliente,
                                          upstream of the                               Unincorporated Areas of
                                          confluence with Meadow                        Lincoln County.
                                          Valley Wash (Near
                                          Caliente).
                                         Approximately 2.4 miles               +4,473
                                          upstream of the
                                          confluence with Meadow
                                          Valley Wash (Near
                                          Caliente).
Meadow Valley Wash (Near Caliente).....  Approximately 0.73 mile           2  City of Caliente,
                                          downstream of Union                           Unincorporated Areas of
                                          Pacific Railroad.                             Lincoln County.
                                         Approximately 0.73 mile               +4,329
                                          downstream of Union
                                          Pacific Railroad.
                                         Approximately 1,540 feet          3
                                          downstream of Union
                                          Pacific Railroad.
                                         Approximately 674 feet                +4,438
                                          upstream of U.S. Route
                                          93.
Meadow Valley Wash (Near Ursine).......  Approximately 1.0 mile                +5,543  Unincorporated Areas of
                                          downstream of North                           Lincoln County.
                                          Eagle Valley Road.
                                         Approximately 1,150 feet              +5,607
                                          upstream of North Eagle
                                          Valley 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.
 
                                                    ADDRESSES
 
City of Caliente
Maps are available for inspection at 100 Depot Avenue, Caliente, NV 89008.
 
                                     Unincorporated Areas of Lincoln County
Maps are available for inspection at the Lincoln County Planning and Zoning Department, 181 Main Street, Suite
 107, Pioche, NV 89043.
----------------------------------------------------------------------------------------------------------------
                                Curry County, New Mexico, and Incorporated Areas
                                             Docket No.: FEMA-B-1021
----------------------------------------------------------------------------------------------------------------
Northeast Drain........................  Approximately 5,276 feet              +4,216  City of Clovis,
                                          downstream of Humphry                         Unincorporated Areas of
                                          Road.                                         Curry County.
                                         At the confluence with                +4,217
                                          West 2nd Street Drain.
                                         Approximately 645 feet                +4,225
                                          upstream of Schepps
                                          Boulevard.
                                         Just upstream of Merlene              +4,236
                                          Boulevard.
Thomas Ditch 1.........................  Approximately at Brady                +4,262  Unincorporated Areas of
                                          Avenue.                                       Curry County.
                                         Approximately at                      +4,280
                                          Burlington Northern
                                          Santa Fe Railroad.
West Second Street Drain...............  At the confluence with                +4,217  Unincorporated Areas of
                                          Northeast Drain.                              Curry County.
                                         Approximately 268 feet                +4,232
                                          upstream of Norris 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.
 
                                                    ADDRESSES
 
City of Clovis
Maps are available for inspection at 321 Connelly Street, Clovis, NM 88101.
 
                                      Unincorporated Areas of Curry County
Maps are available for inspection at 321 Connelly Street, Clovis, NM 88101.
----------------------------------------------------------------------------------------------------------------
                               San Juan County, New Mexico, and Incorporated Areas
                                             Docket No.: FEMA-B-1028
----------------------------------------------------------------------------------------------------------------
Animas River...........................  At the confluence with                +5,256  Unincorporated Areas of
                                          the San Juan River.                           San Juan County.

[[Page 43422]]

 
                                         Approximately 1,200 feet              +5,267
                                          downstream of Murray
                                          Drive/U.S. Route 64.
Bloomfield Canyon Creek................  Approximately 2,232 feet              +5,436  City of Bloomfield,
                                          upstream of East                              Unincorporated Areas of
                                          Broadway Avenue.                              San Juan County.
                                         At the confluence with                +5,545
                                          Bloomfield Canyon Creek
                                          Tributary.
Bloomfield Canyon Creek Tributary......  At the confluence with                +5,545  City of Bloomfield,
                                          Bloomfield Canyon Creek.                      Unincorporated Areas of
                                                                                        San Juan County.
                                         Approximately 2,366 feet              +5,737
                                          upstream of Unnamed Dirt
                                          Road Bridge.
San Juan River.........................  Approximately 1,709 feet              +5,245  Unincorporated Areas of
                                          downstream of Bisti                           San Juan County.
                                          Highway.
                                         Approximately 9,367 feet              +5,269
                                          upstream of the
                                          confluence with the
                                          Animas River.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
 
                                                    ADDRESSES
 
City of Bloomfield
Maps are available for inspection at 915 North 1st Street, Bloomfield, NM 87413.
 
                                     Unincorporated Areas of San Juan County
Maps are available for inspection at 209 South Oliver Drive, Aztec, NM 87410.
----------------------------------------------------------------------------------------------------------------
                                 Ottawa County, Oklahoma, and Incorporated Areas
                                             Docket No.: FEMA-B-1049
----------------------------------------------------------------------------------------------------------------
Belmont Run............................  Approximately 1,317 feet                +803  City of Miami, Town of
                                          upstream of 30th Avenue.                      North Miami,
                                                                                        Unincorporated Areas of
                                                                                        Ottawa County.
                                         Approximately 1,288 feet                +805
                                          upstream of Newman Road.
Fairgrounds Branch.....................  Approximately 700 feet                  +774  Unincorporated Areas of
                                          upstream of E Street.                         Ottawa County.
                                         Approximately 0.58 mile                 +774
                                          upstream of E Street.
Neosho River...........................  Just upstream of E Street               +775  Unincorporated Areas of
                                                                                        Ottawa County.
                                         Approximately 0.93 mile                 +776
                                          upstream of State
                                          Highway 69.
Warren Branch..........................  Approximately 434 feet                  +869  Town of Peoria,
                                          upstream of Main Street.                      Unincorporated Areas of
                                                                                        Ottawa County.
                                         Approximately 1,826 feet                +885
                                          upstream of Modoe Street.
Wyandotte Ditch........................  Approximately 1,320 feet                +757  Town of Wyandotte.
                                          downstream of Main
                                          Street.
                                         Approximately 904 feet                  +789
                                          upstream of South 650
                                          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.
 
                                                    ADDRESSES
 
City of Miami
Maps are available for inspection at the Civic Center, 129 5th Street Northwest, Miami, OK 74354.
 
Town of North Miami
Maps are available for inspection at the Ottawa County Courthouse, 102 East Central Avenue, Suite 202, Miami, OK
 74354.
 
Town of Peoria
Maps are available for inspection at the Ottawa County Courthouse, 102 East Central Avenue, Suite 202, Miami, OK
 74354.
 
Town of Wyandotte
Maps are available for inspection at City Hall, 14 North Main Street, Wyandotte, OK 74370.
 
                                      Unincorporated Areas of Ottawa County
Maps are available for inspection at the County Courthouse, 102 East Central Avenue, Suite 202, Miami, OK 74354.
----------------------------------------------------------------------------------------------------------------

[[Page 43423]]

 
                                  Teton County, Wyoming, and Incorporated Areas
                                             Docket No.: FEMA-B-7774
----------------------------------------------------------------------------------------------------------------
Flat Creek.............................  Approximately 5,100 feet              *5,974  Unincorporated Areas of
                                          south of the                                  Teton County.
                                          intersection of Wilson
                                          Canyon Drive and U.S.
                                          Route 89.
                                         Approximately 1,350 feet              *6,107
                                          downstream of High
                                          School 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.
 
                                                    ADDRESSES
 
                                      Unincorporated Areas of Teton County
Maps are available for inspection at the Teton County Administration Building, 200 South Willow Street, Jackson,
 WY 83001.
----------------------------------------------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')

    Dated: July 19, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation, 
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2010-18195 Filed 7-23-10; 8:45 am]
BILLING CODE 9110-12-P
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