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Proposed Rule

Proposed Flood Elevation Determinations

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AGENCY:

Federal Emergency Management Agency, DHS.

ACTION:

Proposed rule.

SUMMARY:

Comments are requested on the proposed Base (1% annual-chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed in the table below. The purpose of this notice is to seek general information and comment regarding the proposed regulatory flood elevations for the reach described by the downstream and upstream locations in the table below. The BFEs and modified BFEs are a part of the floodplain management measures that the community is required either to adopt or to show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). In addition, these elevations, once finalized, will be used by insurance agents and others to calculate appropriate flood insurance premium rates for new buildings and the contents in those buildings.

DATES:

Comments are to be submitted on or before March 7, 2011.

ADDRESSES:

The corresponding preliminary Flood Insurance Rate Map (FIRM) for the proposed BFEs for each community is available for inspection at the community's map repository. The respective addresses are listed in the table below.

You may submit comments, identified by Docket No. FEMA-B-1168, to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-4064, or (e-mail) luis.rodriguez1@dhs.gov.

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FOR FURTHER INFORMATION CONTACT:

Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-4064, or (e-mail) luis.rodriguez1@dhs.gov.

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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.Start Printed Page 75946

National Environmental Policy Act. This proposed rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared.

Regulatory Flexibility Act. As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-612, a regulatory flexibility analysis is not required.

Executive Order 12866, Regulatory Planning and Review. This proposed rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866, as amended.

Executive Order 13132, Federalism. This proposed rule involves no policies that have federalism implications under Executive Order 13132.

Executive Order 12988, Civil Justice Reform. This proposed rule meets the applicable standards of Executive Order 12988.

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List of Subjects in 44 CFR Part 67

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Accordingly, 44 CFR part 67 is proposed to be amended as follows:

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PART 67—[AMENDED]

1. The authority citation for part 67 continues to read as follows:

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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.

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[Amended]

2. The tables published under the authority of § 67.4 are proposed to be amended as follows:

Flooding source(s)Location of referenced elevation*** Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground ∧ Elevation in meters (MSL)Communities affected
EffectiveModified
Skagit County, Washington, and Incorporated Areas
Left Bank Overflow Main Stem Skagit RiverApproximately 1,400 feet north of the intersection of Hickox Road and I-5#2+23City of Mount Vernon, Unincorporated Areas of Skagit County.
Approximately 300 feet west of the intersection of Anderson Road and Old Highway 99#2+24
Left Bank Overflow Main Stem Skagit RiverApproximately 0.43 mile east of the intersection of Dike Road and Britt Road+19+24City of Mount Vernon, Unincorporated Areas of Skagit County.
Approximately 1,500 feet west of the intersection of Riverview Lane and Dike Road+19+27
Left Bank Overflow Main Stem Skagit RiverJust northwest of the intersection of Britt Road and Dike Road#3+26City of Mount Vernon, Unincorporated Areas of Skagit County.
Approximately 250 feet north of Dike Road and approximately 1,000 feet west of Riverview Lane#3+28
Left Bank Overflow Main Stem Skagit RiverApproximately 900 feet north of Blackburn Road between 2nd Street and 3rd Street#1+25City of Mount Vernon, Unincorporated Areas of Skagit County.
At the intersection of Freeway Drive and Cameron Way#1+39
Left Bank Overflow Main Stem Skagit RiverJust north of Stewart Road between Riverside Drive and the Burlington Northern Railroad#3+41City of Mount Vernon.
Just northwest of the intersection of Hoag Road and the Burlington Northern Railroad#3+42
Left Bank Overflow Main Stem Skagit RiverApproximately 1.4 miles west of the intersection of I-5 and State Route 538, at levee+34+40City of Mount Vernon, Unincorporated Areas of Skagit County.
At the intersection of the Burlington Northern Railroad and State Route 538+34+40
Left Bank Overflow Main Stem Skagit RiverJust north of the intersection of Hickox Road and Dike RoadNone+24City of Mount Vernon, Unincorporated Areas of Skagit County.
Approximately 640 feet west of the intersection of Riverview Lane and Dike RoadNone+27
Left Bank Overflow Main Stem Skagit RiverAt the intersection of I-5 and Anderson RoadNone+24City of Mount Vernon.
At the intersection of I-5 and Section StreetNone+28
Left Bank Overflow Main Stem Skagit River/South Fork Skagit RiverJust north of Fir Island Road, at the intersection with the Burlington Northern Railroad#3+20City of Mount Vernon, Unincorporated Areas of Skagit County.
Approximately 500 feet south of Hickox Road between the levee and the Burlington Northern Railroad#3+23
Left Bank Overflow Main Stem Skagit River/South Fork Skagit RiverApproximately 0.75 mile south of the intersection of Milltown Road and Pioneer Highway+13+16Unincorporated Areas of Skagit County.
At the intersection of State Route 534 and I-5+13+20
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Left Bank Overflow North Fork Skagit RiverJust east of the levee, approximately 350 feet northeast of the intersection of Moore Road and Polson Road#1+16Unincorporated Areas of Skagit County.
Just east of the levee, approximately 450 feet north of Moore Road#1+18
Main Stem Skagit RiverAt the confluence with the North Fork Skagit River and South Fork Skagit River+27+30City of Burlington, City of Mount Vernon, City of Sedro-Woolley, Town of La Conner, Unincorporated Areas of Skagit County.
Just downstream of the Burlington Northern Railroad+49+52
North Fork Skagit RiverAt the confluence with Skagit Bay+14+16Unincorporated Areas of Skagit County.
At the confluence with the Main Stem Skagit River and South Fork Skagit River+27+30
Overflow from the Main Stem Skagit River between the North Fork Skagit River and the South Fork Skagit RiverAt the confluence with Skagit Bay+12+14Unincorporated Areas of Skagit County.
At the intersection of Moore Road and Dry Slough Road+13+18
Overflow from the Main Stem Skagit River between the North Fork Skagit River and the South Fork Skagit River Padilla BayApproximately 200 feet north of Moore Road between the North Fork Skagit River and Dry Slough Road#3+18Unincorporated Areas of Skagit County.
Approximately 880 feet southwest of the confluence with North Fork Skagit River and the South Fork Skagit River#3+21
Approximately 1,000 feet northwest of the intersection of Highway 20 and Padilla Heights RoadNone+13Swinomish Indian Tribal Community.
Approximately 100 feet north of the crossing at State Route 20 and the Swinomish ChannelNone+13
Right Bank Overflow Main Stem Skagit RiverApproximately 0.36 mile west of the intersection of Penn Road and Calhoun Road#3+21City of Mount Vernon, Unincorporated Areas of Skagit County.
Approximately 400 feet south of the levee between Moores Garden Road and Baker Street#3+30
Right Bank Overflow Main Stem Skagit RiverApproximately 300 feet north of the intersection of Dunbar Avenue and Avon Allen Road#3+24Unincorporated Areas of Skagit County.
Aproximately 500 feet east of Avon Allen Road between Bennett Road and State Route 536#3+31
Right Bank Overflow Main Stem Skagit RiverApproximately 400 feet northeast of the intersection of Bennett Road and State Route 536#3+25Unincorporated Areas of Skagit County.
Approximately 500 feet southeast of the intersection of Bennett Road and Silver Lane#3+34
Right Bank Overflow Main Stem Skagit RiverApproximately 400 feet west of the intersection of Pulver Road and McCorquedale Road#3+32Unincorporated Areas of Skagit County.
Approximately 400 feet east of Pulver Road between Whitemarsh Road and McCorquedale Road#3+34
Right Bank Overflow Main Stem Skagit River/North Fork Skagit River Right Bank Overflow North Fork Skagit RiverAt Kamb Road approximately 0.47 mile south of Calhoun Road#3+19Unincorporated Areas of Skagit County.
Approximately 0.38 mile southeast of the intersection of Calhoun Road and Kamb Road#3+20
Just south of Kamb Road approximately 0.66 mile east of Beaver Marsh Road#3+19Unincorporated Areas of Skagit County.
Approximately 1,600 feet east of the intersection of Beaver Marsh Road and Marsh Road#3+19
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Right Bank Overflow South Fork Skagit River Samish BayBetween Moore Road and Polson Road Approximately 870 feet south of Moore Road, at levee#1 #1+17 +18Unincorporated Areas of Skagit County.
At the intersection of Chuckanut Drive and South Blanchard Drive+12+13Unincorporated Areas of Skagit County.
Samish Bay/Padilla Bay Simlik BayAt the intersection of Bayview-Edison Road and Samish Island Road+12+13Unincorporated Areas of Skagit County.
Approximately 0.32 mile southwest of the intersection of Snee-Oosh Road and Snee-Oosh LaneNone+12Swinomish Indian Tribal Community.
Approximately 100 feet southwest of the intersection of Reservation Road and Simlik Bay RoadNone+12
Skagit BayApproximately 0.36 mile northwest of the intersection of Pioneer Highway and Milltown Road+15+14Unincorporated Areas of Skagit County.
At the confluence of Ishois Slough and Tom Moore Slough+17+14
Skagit BayApproximately 200 feet northwest of the intersection of Sherman Avenue and Chilberg AvenueNone+12Swinomish Indian Tribal Community.
Approximately 0.32 mile southwest of the intersection of Snee-Oosh Road and Snee-Oosh LaneNone+12
Skagit BayApproximately 400 feet northwest of Pull and Be Damned Point RoadNone+14Swinomish Indian Tribal Community.
Approximately 200 feet southwest of the intersection of Sherman Avenue and Chilberg AvenueNone+14
Skagit Bay/Swinomish ChannelApproximately 600 feet southwest of the intersection of North Pearle Jensen Way and East Pearle Jensen WayNone+12Swinomish Indian Tribal Community.
Approximately 400 feet west of Pull and Be Damned Point RoadNone+12
Skagit RiverJust upstream of the Burlington Northern Railroad+49+52City of Sedro-Woolley, Town of Concrete, Town of Hamilton, Town of Lyman, Unincorporated Areas of Skagit County.
Approximately 1.0 mile upstream of the confluence with the Baker River+197+198
Skagit River Delta Overbank Flowpath 1Just upstream of Pulver Road+27+32City of Burlington, Unincorporated Areas of Skagit County.
Approximately 1,170 feet southeast of the intersection of Lafayette Road and Peter Anderson Road+45+46
Skagit River Delta Overbank Flowpath 2 Skagit River Delta Overbank Flowpath 3At the confluence with Samish Bay+12+13Unincorporated Areas of Skagit County.
Just downstream of Pulver Road+27+32
At the confluence with the Swinomish Channel+12+15Town of La Conner, Unincorporated Areas of Skagit County.
Just downstream of Pulver Road+27+32
South Fork Skagit RiverAt the confluence with Ishois Slough and Tim Moore Slough+17+14Unincorporated Areas of Skagit County.
At the confluence with the Main Stem Skagit River and the North Fork Skagit River+27+30
Swinomish ChannelJust north of Highway 20None+11Swinomish Indian Tribal Community.
Approximately 600 feet northwest of the intersection of North Pearle Jensen Way and East Pearle Jensen WayNone+11
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.
∧ 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.
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Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Burlington
Maps are available for inspection at 900 East Fairhaven Avenue, Burlington, WA 98233.
City of Mount Vernon
Maps are available for inspection at 910 Cleveland Avenue, Mount Vernon, WA 98273.
City of Sedro-Woolley
Maps are available for inspection at 720 Murdock Street, Sedro-Woolley, WA 98284.
Swinomish Indian Tribal Community
Maps are available for inspection at 11404 Moorway Way, La Conner, WA 98257.
Town of Concrete
Maps are available for inspection at 45672 Main Street, Concrete, WA 98237.
Town of Hamilton
Maps are available for inspection at 584 Maple Street, Hamilton, WA 98255.
Town of La Conner
Maps are available for inspection at 204 Douglas Street, La Conner, WA 98257.
Town of Lyman
Maps are available for inspection at 8224 South Main Street, Lyman, WA 98263.
Unincorporated Areas of Skagit County
Maps are available for inspection at 1800 Continental Place, Mount Vernon, WA 98273.

(Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)

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Dated: November 23, 2010.

Sandra K. Knight,

Deputy Federal Insurance and Mitigation Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency.

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[FR Doc. 2010-30613 Filed 12-6-10; 8:45 am]

BILLING CODE 9110-12-P