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Federal Register/Vol. 75, No. 201 Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Rules and Regulations 64165 Under section 307(b)(1) of the Clean SUMMARY: Base (1% annual-chance) proof Flood Insurance Study and FIRM Air Act, petitions for judicial review of Flood Elevations (BFEs) and modified available at the address cited below for this action must be filed in the United BFEs are made final for the each community. The BFEs and States Court of Appeals for the communities listed below. The BFEs modified BFEs are made final in the appropriate circuit by December 20, and modified BFEs are the basis for the communities listed below. Elevations at 2010. Filing a petition for floodplain management measures that selected locations in each community reconsideration by the Administrator of each community is required either to are shown. this final rule does not affect the finality adopt or to show evidence of being National Environmental Policy Act. of this action for the purposes of judicial already in effect in order to qualify or This final rule is categorically excluded review nor does it extend the time remain qualified for participation in the from the requirements of 44 CFR part within which a petition for judicial National Flood Insurance Program 10, Environmental Consideration. An review may be filed, and shall not (NFIP). environmental impact assessment has postpone the effectiveness of such rule DATES: The date of issuance of the Flood not been prepared. or action. Parties with objections to this Insurance Rate Map (FIRM) showing Regulatory Flexibility Act. As flood direct final rule are encouraged to file a BFEs and modified BFEs for each elevation determinations are not within comment in response to the parallel community. This date may be obtained the scope of the Regulatory Flexibility notice of proposed rulemaking for this by contacting the office where the maps Act, 5 U.S.C. 601–612, a regulatory action published in the proposed rules are available for inspection as indicated flexibility analysis is not required. section of today’s Federal Register, in the table below. rather than file an immediate petition Regulatory Classification. This final ADDRESSES: The final BFEs for each for judicial review of this direct final rule is not a significant regulatory action community are available for inspection rule, so that EPA can withdraw this under the criteria of section 3(f) of at the office of the Chief Executive Executive Order 12866 of September 30, direct final rule and address the Officer of each community. The comment in the proposed rulemaking. 1993, Regulatory Planning and Review, respective addresses are listed in the 58 FR 51735. This action may not be challenged later table below. in proceedings to enforce its Executive Order 13132, Federalism. FOR FURTHER INFORMATION CONTACT: Roy requirements. See section 307(b)(2). This final rule involves no policies that E. Wright, Deputy Director, Risk List of Subjects in 40 CFR Part 81 Analysis Division, Federal Insurance have federalism implications under and Mitigation Administration, Federal Executive Order 13132. Environmental protection, Air Executive Order 12988, Civil Justice pollution control, Intergovernmental Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, Reform. This final rule meets the relations, Particulate matter, Reporting applicable standards of Executive Order and recordkeeping requirements. (202) 646–3461, or (e-mail) [email protected]. 12988. Dated: October 7, 2010. Dennis J. McLerran, SUPPLEMENTARY INFORMATION: The List of Subjects in 44 CFR Part 67 Federal Emergency Management Agency Regional Administrator, Region 10. Administrative practice and (FEMA) makes the final determinations [FR Doc. 2010–26258 Filed 10–18–10; 8:45 am] procedure, Flood insurance, Reporting listed below for the modified BFEs for and recordkeeping requirements. BILLING CODE 6560–50–P each community listed. These modified elevations have been published in ■ Accordingly, 44 CFR part 67 is newspapers of local circulation and amended as follows: DEPARTMENT OF HOMELAND ninety (90) days have elapsed since that SECURITY publication. The Deputy Federal PART 67—[AMENDED] Insurance and Mitigation Administrator Federal Emergency Management has resolved any appeals resulting from ■ 1. The authority citation for part 67 Agency this notification. continues to read as follows: This final rule is issued in accordance 44 CFR Part 67 Authority: 42 U.S.C. 4001 et seq.; with section 110 of the Flood Disaster Reorganization Plan No. 3 of 1978, 3 CFR, [Docket ID FEMA–2010–0003] Protection Act of 1973, 42 U.S.C. 4104, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, and 44 CFR part 67. FEMA has 3 CFR, 1979 Comp., p. 376. Final Flood Elevation Determinations developed criteria for floodplain § 67.11 [Amended] AGENCY: Federal Emergency management in floodprone areas in ■ Management Agency, DHS. accordance with 44 CFR part 60. 2. The tables published under the Interested lessees and owners of real authority of § 67.11 are amended as ACTION: Final rule. property are encouraged to review the follows: * Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation # Depth in feet Communities above ground affected ∧ Elevation in meters (MSL) Modified Marion County, Alabama, and Incorporated Areas Docket No.: FEMA–B–1041 Unnamed Tributary to Reddy At the confluence with Reedy Creek .................................. +458 Town of Gu-Win. Creek. VerDate Mar<15>2010 16:19 Oct 18, 2010 Jkt 223001 PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 E:\FR\FM\19OCR1.SGM 19OCR1 emcdonald on DSK2BSOYB1PROD with RULES 64166 Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Rules and Regulations * Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation # Depth in feet Communities above ground affected ∧ Elevation in meters (MSL) Modified Approximately 1,825 feet upstream of the confluence with +459 Reedy Creek. * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES Town of Gu-Win Maps are available for inspection at 4835 U.S. Route 43, Gu-Win, AL 35563. Cowley County, Kansas, and Incorporated Areas Docket No.: FEMA–B–1016 Black Crook Creek .................... Approximately 0.38 mile upstream of Simpson Avenue ..... +1154 City of Winfield, Unincor- porated Areas of Cowley County. Approximately 0.16 mile upstream of 152nd Street ........... +1244 Black Crook Creek Tributary 1 Approximately 0.36 mile downstream of 101st Road ......... +1120 Unincorporated Areas of Cowley County. Approximately 0.91 mile upstream of 103rd Road ............. +1188 Black Crook Creek Tributary 2 At the confluence with Black Crook Creek ......................... +1132 City of Winfield, Unincor- porated Areas of Cowley County. Approximately 350 feet upstream of K–360 ....................... +1183 * 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 Winfield Maps are available for inspection at the City Office, 200 East 9th Avenue, Winfield, KS 67156. Unincorporated Areas of Cowley County Maps are available for inspection at the Cowley County Office, 311 East 9th Avenue, Winfield, KS 67156. Edmonson County, Kentucky, and Incorporated Areas Docket No.: FEMA–B–1074 Alexander Creek (backwater ef- From the confluence with the Green River to approxi- +446 Unincorporated Areas of fects from Green River). mately 240 feet upstream of the confluence with Alex- Edmonson County. ander Creek Tributary 3. Bear Creek (backwater effects From the confluence with the Green River to approxi- +438 Unincorporated Areas of from Green River). mately 3.8 miles upstream of the confluence with the Edmonson County. Green River. Beaverdam Creek South (back- From the confluence with the Green River to approxi- +449 City of Brownsville, Unincor- water effects from Green mately 3.4 miles upstream of the confluence with the porated Areas of River). Green River. Edmonson County. Beaverdam Creek Tributary 6 From the confluence with Beaverdam Creek South to ap- +449 City of Brownsville, Unincor- (backwater effects from proximately 1,400 feet upstream of the confluence with porated Areas of Green River). Beaverdam Creek South. Edmonson County. Brier Creek (backwater effects From the confluence with Nolin Lake to approximately 0.6 +560 Unincorporated Areas of from Nolin Lake). mile upstream of the confluence with Nolin Lake. Edmonson County. Bylew Creek (backwater effects From the confluence with the Nolin River to approximately +455 Unincorporated Areas of from Green River). 1.2 miles upstream of the confluence with the Nolin Edmonson County. River. Dog Creek (backwater effects From the county boundary to approximately 0.6 mile up- +560 Unincorporated Areas of from Nolin Lake). stream of the confluence with Dog Creek Tributary 1. Edmonson County. Green River .............................. At the confluence with Bear Creek ..................................... +438 City of Brownsville, Unincor- porated Areas of Edmonson County. Approximately 3.4 miles upstream of the confluence with +480 Ugly Creek. Green River Tributary 4 (back- From the confluence with the Green River to approxi- +445 Unincorporated Areas of water effects from Green mately 0.6 mile upstream of the confluence with the Edmonson County. River). Green River. VerDate Mar<15>2010 16:19 Oct 18,
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