# [Amended]
**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 proposed rule 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 February 23, 2012.
**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-1232, 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 (email) *[email protected].*
**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 (email) *[email protected].*
**SUPPLEMENTARY INFORMATION:**
The Federal Emergency Management Agency (FEMA) proposes to make determinations of BFEs and modified BFEs for each community listed below, in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR 67.4(a).
These proposed BFEs and modified BFEs, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own or pursuant to policies established by other Federal, State, or regional entities. These proposed elevations are used to meet the floodplain management requirements of the NFIP and also are used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in those buildings.
Comments on any aspect of the Flood Insurance Study and FIRM, other than the proposed BFEs, will be considered. A letter acknowledging receipt of any comments will not be sent.
*National Environmental Policy Act.* This proposed rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared.
*Regulatory Flexibility Act.* As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-612, a regulatory flexibility analysis is not required.
*Executive Order 12866, Regulatory Planning and Review.* This proposed rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866, as amended.
*Executive Order 13132, Federalism.* This proposed rule involves no policies that have federalism implications under Executive Order 13132.
*Executive Order 12988, Civil Justice Reform.* This proposed rule meets the applicable standards of Executive Order 12988.
**List of Subjects in 44 CFR Part 67**
Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements.
Accordingly, 44 CFR part 67 is proposed to be amended as follows:
**PART 67—[AMENDED]**
1. The authority citation for part 67 continues to read as follows:
**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.
§ 67.4
2. The tables published under the authority of § 67.4 are proposed to be amended as follows:
| State | City/town/county | Source of flooding | Location ** | * Elevation in feet (NGVD) | Existing | Modified |
| --- | --- | --- | --- | --- | --- | --- |
| | | | | | | |
| New York | Town of Richland | Lake Ontario | Entire shoreline within Selkirk Shores State Park boundary | None | +249 | |
| New York | Town of Richland | South Branch Grindstone Creek (backwater effects from Lake Ontario) | Areas within Selkirk Shores State Park boundary | None | +249 | |
| * 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. | | | | | | |
| 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. | | | | | | |
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| Maps are available for inspection at the Town of Richland Courthouse Building, 1 Bridge Street, Pulaski, NY 13142. | | | | | | |
| Flooding source(s) | Location of referenced elevation ** | * Elevation in feet (NGVD) | Existing | Modified | Communities affected |
| --- | --- | --- | --- | --- | --- |
| | | | | | |
| Long Island Sound | Approximately 1,000 feet south of the intersection of U.S. Route 1 and Chapman Beach Drive | +9 | +10 | Borough of Fenwick, Town of Clinton, Town of Old Saybrook, Town of Westbrook. | |
| | Approximately 400 feet southeast of the intersection of Hartlands Drive and Sea Lane No. 1 | +15 | +24 | | |
| * 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. | | | | | |
| 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. | | | | | |
| | | | | | |
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| Maps are available for inspection at the Fenwick Borough Municipal Office, 580 Maple Avenue, Old Saybrook, CT 06475. | | | | | |
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| Maps are available for inspection at the Town Hall, 54 East Main Street, Clinton, CT 06413. | | | | | |
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| Maps are available for inspection at the Town Hall, 302 Main Street, Old Saybrook, CT 06475. | | | | | |
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| Maps are available for inspection at the Town Hall, 866 Boston Post Road, Westbrook, CT 06498. | | | | | |
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| Graesers Run | At the McLaughlin Run confluence | +986 | +989 | Borough of Bethel Park, Township of Upper St. Clair. | |
| | Approximately 1,720 feet upstream of Brookside Boulevard | None | +1025 | | |
| McLaughlin Run | Approximately 50 feet upstream of the Chartiers Creek confluence | +801 | +802 | Borough of Bethel Park, Borough of Bridgeville, Township of Upper St. Clair. | |
| | Approximately 1,330 feet upstream of Bethel Church Road | None | +1017 | | |
| Plum Creek | Approximately 220 feet upstream of Allegheny River Boulevard | +743 | +742 | Borough of Oakmont, Borough of Plum, Borough of Verona, Township of Penn Hills. | |
| | Approximately 280 feet upstream of Saltsburg Road | None | +1018 | | |
| * 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. | | | | | |
| 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. | | | | | |
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| Maps are available for inspection at the Municipal Building, 5100 West Library Avenue, Bethel Park, PA 15102. | | | | | |
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| Maps are available for inspection at the Municipal Building, 425 Bower Hill Road, Bridgeville, PA 15017. | | | | | |
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| Maps are available for inspection at the Borough Office, 767 5th Street, Oakmont, PA 15139. | | | | | |
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| Maps are available for inspection at the Plum Borough Municipal Building, 4575 New Texas Road, Pittsburgh, PA 15239. | | | | | |
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| Maps are available for inspection at the Municipal Building, 736 East Railroad Avenue, Verona, PA 15147. | | | | | |
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| Maps are available for inspection at the Municipal Building, 12245 Frankstown Road, Penn Hills, PA 15234. | | | | | |
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| Maps are available for inspection at the Municipal Building, 1830 McLaughlin Run Road, Upper St. Clair, PA 15241. | | | | | |
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| Appenzell Creek | Approximately 100 feet upstream of the McMichaels Creek confluence | +485 | +486 | Township of Hamilton, Township of Jackson. | |
| | Approximately 975 feet upstream of LR 45056 | None | +871 | | |
| Aquashicola Creek | At the Carbon County Boundary (approximately 2.2 miles downstream of Lower Smith Gap Road) | None | +467 | Township of Eldred, Township of Ross. | |
| | Approximately 1.2 miles upstream of the most upstream Upper Smith Gap Road crossing | +579 | +580 | | |
| Brodhead Creek Reach 1 | At the Delaware River confluence | +321 | +323 | Township of Smithfield. | |
| | Approximately 0.5 mile upstream of State Route 2028 | +321 | +323 | | |
| Buck Hill Creek | Approximately 160 feet upstream of the Brodhead Creek Reach 2 and Middle Branch Tributary confluence | +1018 | +1017 | Township of Barrett, Township of Coolbaugh. | |
| | Approximately 2.2 miles upstream of State Route 191 | None | +2012 | | |
| Bushkill Creek | Approximately 1,100 feet downstream of Club House Drive | +471 | +470 | Township of Middle Smithfield. | |
| | Approximately 1,130 feet upstream of State Route 402 | None | +756 | | |
| Cherry Creek | At the Delaware River confluence | +321 | +323 | Borough of Delaware Water Gap, Township of Hamilton, Township of Smithfield, Township of Stroud. | |
| | Approximately 1,250 feet upstream of Spring Mountain Lane | None | +635 | | |
| Cranberry Creek at Paradise | At the upstream side of Browns Hill Road | +706 | +715 | Township of Paradise. | |
| | Approximately 200 feet upstream of Snowbird Lane | None | +1092 | | |
| Cranberry Creek at Pocono | At the Pocono Creek confluence | +794 | +796 | Township of Pocono. | |
| | Approximately 580 feet downstream of State Route 611 | +818 | +817 | | |
| Delaware River | Approximately 1.3 miles downstream of I-80 | +312 | +315 | Borough of Delaware Water Gap, Township of Middle Smithfield, Township of Smithfield. | |
| | Approximately 14.8 miles upstream of I-80 | None | +357 | | |
| Kettle Creek | At the Appenzell Creek confluence | +493 | +491 | Township of Hamilton. | |
| | Approximately 200 feet upstream of the Appenzell Creek confluence | +493 | +492 | | |
| Lehigh River Reach 2 | Approximately 1.4 miles downstream of State Route 4003 | None | +1512 | Township of Coolbaugh, Township of Tobyhanna. | |
| | Approximately 780 feet upstream of T-303 | None | +1617 | | |
| Marshalls Creek | At the Brodhead Creek Reach 1 confluence | +321 | +323 | Township of Middle Smithfield, Township of Smithfield. | |
| | Approximately 2.6 miles upstream of Wooddale Road | None | +1144 | | |
| Pocono Creek | Approximately 1,000 feet upstream of the McMichaels Creek confluence | +415 | +416 | Borough of Stroudsburg, Township of Hamilton, Township of Pocono, Township of Stroud. | |
| | Approximately 0.8 mile upstream of Wilke Road | None | +1441 | | |
| Sambo Creek | Approximately 60 feet downstream of the railroad | None | +444 | Township of Stroud. | |
| | Approximately 1,500 feet upstream of State Route 447 (extended) | None | +451 | | |
| Scot Run | At the Pocono Creek confluence | +948 | +955 | Township of Pocono. | |
| | Approximately 450 feet downstream of State Route 611 | +954 | +955 | | |
| Shawnee Creek Reach 1 | At the Delaware River confluence | +325 | +326 | Township of Smithfield. | |
| | Approximately 100 feet upstream of River Road | +325 | +326 | | |
| Swiftwater Creek | Approximately 1,580 feet downstream of State Route 314 | +1162 | +1163 | Township of Pocono, Township of Tobyhanna. | |
| | Approximately 2.7 miles upstream of Lake Minausin Dam | None | +1736 | | |
| Tributary 4 to Pocono Creek | At the Pocono Creek confluence | +865 | +861 | Township of Pocono. | |
| | Approximately 110 feet downstream of Alger Avenue | +866 | +865 | | |
| * 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. | | | | | |
| 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. | | | | | |
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| Maps are available for inspection at the Municipal Building, 49 Main Street, Delaware Water Gap, PA 18327. | | | | | |
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| Maps are available for inspection at the Municipal Building, 700 Sarah Street, Stroudsburg, PA 18360. | | | | | |
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| Maps are available for inspection at the Barrett Township Hall, 993 State Route 390, Cresco, PA 18326. | | | | | |
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| Maps are available for inspection at the Coolbaugh Township Municipal Center, 5550 Memorial Boulevard, Tobyhanna, PA 18466. | | | | | |
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| Maps are available for inspection at the Eldred Township Office, 490 Kunkletown Road, Kunkletown, PA 18058. | | | | | |
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| Maps are available for inspection at the Hamilton Township Municipal Building, Fenner Avenue, Sciota, PA 18354. | | | | | |
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| Maps are available for inspection at the Jackson Township Municipal Building, 2162 State Route 715, Stroudsburg, PA 18360. | | | | | |
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| Maps are available for inspection at the Middle Smithfield Township Office, Schoonover Municipal Building, 25 Municipal Drive, East Stroudsburg, PA 18301. | | | | | |
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| Maps are available for inspection at the Paradise Township Municipal Building, 5912 Paradise Valley Road, Cresco, PA 18326. | | | | | |
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| Maps are available for inspection at the Pocono Township Municipal Building, State Route 611, Tannersville, PA 18372. | | | | | |
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| Maps are available for inspection at the Ross Township Municipal Building, 258 Anchorage Road, Saylorsburg, PA 18353. | | | | | |
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| Maps are available for inspection at the Smithfield Township Municipal Building, 1155 Red Fox Road, East Stroudsburg, PA 18301. | | | | | |
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| Maps are available for inspection at the Stroud Township Municipal Center, 1211 North 5th Street, Stroudsburg, PA 18360. | | | | | |
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| Maps are available for inspection at the Tobyhanna Township Municipal Building, 105 Government Center Way, Pocono Pines, PA 18350. | | | | | |
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| Choconut Creek | Approximately 0.9 mile downstream of Kellum Road | +1039 | +1038 | Township of Choconut. | |
| | Approximately 1,430 feet upstream of State Route 267 | None | +1275 | | |
| DuBois Creek | At the Susquehanna River confluence | +873 | +875 | Borough of Hallstead, Township of Great Bend. | |
| | Approximately 1.2 miles upstream of Steam Hollow Road | +1038 | +1036 | | |
| Dundaff Creek | At the East Branch Tunkhannock Creek confluence | +1052 | +1047 | Township of Clifford. | |
| | Approximately 0.6 mile upstream of State Route 106 | +1099 | +1093 | | |
| East Branch Tunkhannock Creek | Approximately 0.8 mile downstream of LR 57037 | +964 | +963 | Township of Clifford, Township of Lenox. | |
| | Approximately 1.7 miles upstream of State Route 106 | +1081 | +1083 | | |
| Salt Lick Creek | At the Susquehanna River confluence | +875 | +877 | Borough of Hallstead, Borough of New Milford, Township of Great Bend, Township of New Milford. | |
| | Approximately 0.4 mile upstream of State Route 1012 | None | +1273 | | |
| Starrucca Creek | At the Susquehanna River confluence | +909 | +911 | Borough of Lanesboro. | |
| | At North Main Street | +909 | +911 | | |
| Susquehanna River | At the downstream New York state boundary | None | +872 | Borough of Great Bend, Borough of Hallstead, Borough of Lanesboro, Borough of Oakland, Borough of Susquehanna Depot, Township of Great Bend, Township of Harmony, Township of Oakland. | |
| | At the upstream New York state boundary | +914 | +918 | | |
| Trowbridge Creek | At the Susquehanna River confluence | +873 | +874 | Township of Great Bend. | |
| | At the New York state boundary | +981 | +982 | | |
| * 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. | | | | | |
| 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. | | | | | |
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| Maps are available for inspection at the Borough Building, 81 Elizabeth Street, Great Bend, PA 18821. | | | | | |
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| Maps are available for inspection at the Municipal Building, 101 Franklin Avenue, Hallstead, PA 18822. | | | | | |
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| Maps are available for inspection at the Borough Hall, 418 Main Street, Lanesboro, PA 18827. | | | | | |
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| Maps are available for inspection at the Borough Office, 948 Main Street, Suite 1, New Milford, PA 18834. | | | | | |
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| Maps are available for inspection at the Oakland Borough Building, 15 Wilson Avenue, Susquehanna, PA 18847. | | | | | |
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| Maps are available for inspection at the Susquehanna Depot Borough Hall, 83 Erie Boulevard, Suite A, Susquehanna, PA 18847. | | | | | |
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| Maps are available for inspection at the Choconut Township Hall, 26499 State Route 267, Friendsville, PA 18818. | | | | | |
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| Maps are available for inspection at the Township Building, 119 Cemetery Street, Clifford, PA 18441. | | | | | |
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| Maps are available for inspection at the Great Bend Township Building, 33253 State Route 151, Susquehanna, PA 18847. | | | | | |
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| Maps are available for inspection at the Harmony Township Office, 4197 Starrucca Creek Road, Susquehanna, PA 18847. | | | | | |
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| Maps are available for inspection at the Lenox Township Municipal Building, 2811 State Route 92, Kingsley, PA 18826. | | | | | |
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| Maps are available for inspection at the Township Building, 19730 State Route 11, New Milford, PA 18834. | | | | | |
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| Maps are available for inspection at the Oakland Township Building, 36 Riverside Drive, Susquehanna, PA 18847. | | | | | |
(Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)
Dated: November 14, 2011.
Sandra K. Knight,
Deputy Associate Administrator for Mitigation, Department of Homeland Security, Federal Emergency Management Agency.