01-31371. Proposed Flood Elevation Determinations

AGENCY:

Federal Emergency Management Agency, FEMA.

ACTION:

Proposed rule.

SUMMARY:

Technical information or comments are requested on the proposed base (1% annual chance) flood elevations and proposed base flood elevation modifications for the communities listed below. The base flood elevations are the basis for the floodplain management measures that the 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 comment period is ninety (90) days following the second publication of this proposed rule in a newspaper of local circulation in each community.

ADDRESSES:

The proposed base flood elevations 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 following table.

FOR FURTHER INFORMATION CONTACT:

Matthew B. Miller, P.E., Chief, Hazards Study Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, [phone], or (email) [e-mail].

SUPPLEMENTARY INFORMATION:

The Federal Emergency Management Agency (FEMA or Agency) proposes to make determinations of base flood elevations and modified base flood elevations 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 base flood and modified base flood elevations, 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 are also used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in these buildings.

National Environmental Policy Act. This proposed rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. No environmental impact assessment has been prepared.

Regulatory Flexibility Act. The Acting Administrator, Federal Insurance and Mitigation Administration, certifies that this proposed rule is exempt from the requirements of the Regulatory Flexibility Act because proposed or modified base flood elevations are required by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and are required to establish and maintain community eligibility in the NFIP. As a result, a regulatory flexibility analysis has not been prepared.

Regulatory Classification. This proposed 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 12612, Federalism. This proposed rule involves no policies that have federalism implications under Executive Order 12612, Federalism, dated October 26, 1987.

Executive Order 12778, Civil Justice Reform. This proposed rule meets the applicable standards of Section 2(b)(2) of Executive Order 12778.

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

[Amended]

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	#Depth in feet above ground. *Elevation in feet (NGVD)
				Existing	Modified
Florida	Franklin County (Unincorporated Areas)	Apalachicola Bay	Approximately 2.6 miles southeast of West Pass	*7	*8
			Approximately 4.1 miles southwest of Government Cut in St. George Island	*7	*10
		St. George Sound	Just east of St. George Island Bridge	*9	*10
			Shoreline of St. George Island at (and include) Marsh Island	*15	*12
		Gulf of Mexico	Approximately 2.6 miles southeast of West Pass	*7	*8
			Approximately 1.5 miles southeast of the confluence of Big Claires Creek with Ochlockonee Bay	*21	*23
		Alligator Harbor	Approximately 1,000 feet north of the intersection of State Route 370 and West Harbor Road	*15	*16
			Approximately 900 feet east of Peninsula Point	*18	*17
Maps available for inspection at the Planning and Engineering Department, 33 Commerce Street, Apalachicola, Florida.
Send comments to Mr. Tim Turner, Director of the Franklin County Emergency Management Agency, 33 Commerce Street, Apalachicola, Florida 32320.
Florida	Minneola (City), Lake County	Plum Lake	Entire shoreline within county	*84	*87
		Ponding Area 535-1		None	*100
		Ponding Area 535-2		None	*99
		Little Grassy Lake	Approximately 0.55 mile northeast of the intersection of Perl Street and Galena Avenue	None	*90
		Grassy Lake	Entire shoreline within county	None	*85
Maps available for inspection at the Minneola City Hall, 302 West Pearl Street, Minneola, Florida.
Send comments to The Honorable Glenn A. Irby, Mayor of the City of Minneola, P.O. Box 678, Minneola, Florida 34755.
Illinois	Elburn (Village), Kane County	Blackberry Creek	At the confluence of Blackberry Creek Tributary D	None	*741
			Approximately 1,050 feet upstream of Hughes Road	None	*747
		Blackberry Creek Tributary D	Approximately 600 feet upstream of confluence with Blackberry Creek	None	*742
			Approximately 2,550 feet downstream of Keslinger Road	None	*799
Maps available for inspection at the Elburn Village Hall, 301 East North Street, Elburn, Illinois.
Send comments to Mr. James Willey, President of the Village of Elburn Board of Trustees, 301 East North Street, Elburn, Illinois 60119.
Illinois	Elgin (City), Kane County	Sandy Creek	At Randall Road	*821	*826
			Approximately 325 feet upstream of Randall Road	None	*826
		Tyler Creek	Approximately 500 feet upstream of confluence with Fox River	*716	*715
			Approximately 120 feet downstream of Soo Line Railroad	None	*839
Maps available for inspection at City of Elgin Public Works Department, Engineering Division, 150 Dexter Court, Elgin, Illinois.
Send comments to Ms. Joyce Parker, Elgin City Manager, 150 Dexter Court, Elgin, Illinois 60120.
Illinois	Gilberts (Village), Kane County	Tyler Creek	Just upstream of Big Timber Road	None	*867
			Approximately 200 feet downstream of McCornack Road	None	*886
Maps available for inspection at the Gilberts Village Hall, 86 Railroad Street, Gilberts, Illinois.
Send comments to Mr. Mike Isitoro, Gilberts Village President, 86 Railroad Street, Gilberts, Illinois 60136.
Illinois	Kane County (Unincorporated Areas)	Blackberry Creek Tributary F	Approximately 0.6 mile upstream of confluence with Blackberry Creek Tributary B	*704	*703
			Approximately 250 feet downstream of Bliss Road	*728	*727
		Main Street Ditch	At confluence with Blackberry Creek Tributary F	None	*707
			Approximately 130 feet upstream of Main Street	None	*709
		Tyler Creek	Approximately 375 feet downstream of Eagle Road East	*791	*793
			Approximately 200 feet upstream of Illinois Route 72	None	*898
		Pingree Creek	At confluence with Tyler Creek	None	*893
			Approximately 325 feet upstream of U.S. Route 20	None	*906
		Mastadon Lake	Approximately 300 feet southeast of the intersection of Parker Avenue and Hinman Street	None	*662
		Sandy Creek	Approximately 130 feet downstream of Randall Road	*820	*821
			Just downstream of U.S. Route 20	None	*889
		Indian Creek	Approximately 0.41 mile upstream of Wood Street	None	*676
			At downstream side of East-West Tollway	None	*717
		Indian Creek Tributary B	Approximately 0.61 mile upstream of confluence with Indian Creek	None	*716
			Approximately 0.86 mile upstream of confluence with Indian Creek	None	*716
		South Tributary	At confluence with Indian Creek	None	*684
			Approximately 680 feet upstream of confluence with Indian Creek	None	*688
		Welch Creek	Approximately 1,110 feet downstream of Fay's Lane	None	*680
			Just upstream of Burlington Northern Railroad	None	*692
		Welch Creek Tributary 1	Just upstream of Aurora Municipal Airport	None	*693
			Approximately 2,600 feet upstream of Aurora Municipal Airport	None	*694
		Blackberry Creek Tributary H	Approximately 750 feet southwest of Lake View Court and Lake View Drive intersection	None	*670
		Selmarten Creek	At confluence with Indian Creek	*715	*716
			At county boundary	*718	*720
Maps available for inspection at the Kane County Water Resources Department, Kane County Government Center Building “A,” 719 Batavia Avenue, Geneva, Illinois.
Send comments to Mr. Michael W. McCoy, Chairman of the Kane County Board of Commissioners, 719 Batavia Avenue, Geneva, Illinois 60134.
Illinois	Lily Lake (Village), Kane County	Ferson Creek	Approximately 100 feet downstream of Great Western Trail Railroad	None	*862
			Just downstream of Route 64	None	*872
Maps available for inspection at the Lily Lake Village Hall, 43W680 Empire Road, St. Charles, Illinois.
Send comments to Mr. Glenn Bork, Lily Lake Village President, 44W508 I.C. Trail, Lily Lake, Illinois 60151.
Illinois	Montgomery (Village), Kane County	Blackberry Creek Tributary G	Approximately 2,050 feet downstream of Aucutt Road	None	*661
			Approximately 550 feet downstream of Jericho Road	None	*666
		Blackberry Creek	Approximately 0.4 mile downstream of Jericho Road	None	*664
			At Jericho Road	None	*666
Maps available for inspection at the Montgomery Village Clerk's Office, 1300 South Broadway, Montgomery, Illinois.
Send comments to Ms. Marilyn Michelini, Montgomery Village President, 1300 South Broadway, Montgomery, Illinois 60538.
Illinois	Pingree Grove (Village), Kane County	Pingree Creek	Approximately 1,000 feet upstream of Highland Avenue	None	*901
			Approximately 800 feet upstream of Soo Line Railroad	None	*902
Maps available for inspection at the Pingree Grove Village Hall, 14N042 Reinking Road, Hampshire, Illinois.
Send comments to Mr. Vern Wester, President of the Village of Pingree Grove Board, 14N042 Reinking Road, Hampshire, Illinois 60140.
Illinois	Sugar Grove (Village), Kane County	Blackberry Creek	Approximately 1,050 feet upstream of Densmore Road	None	*678
			Approximately 1,800 feet upstream of Bliss Road	None	*690
		Blackberry Creek Tributary E	At confluence with Blackberry Creek	None	*680
			At Mankes Road	None	*680
Maps available for inspection at the Sugar Grove Village Office, 10 Municipal Drive, Sugar Grove, Illinois.
Send comments to Mr. P. Sean Michels, Sugar Grove Village President, 10 Municipal Drive, Sugar Grove, Illinois 60554.
Massachusetts	Malden (City), Middlesex County	Town Line Brook	Approximately 1,000 feet downstream of corporate limits	None	*9
			Approximately 500 feet upstream of Lynn Street	*8	*9
		Linden Brook	Approximately 250 feet downstream of corporate limits	None	*9
			On downstream side of Beach Street	None	*9
Maps available for inspection at the Malden Engineering Office, Malden City Hall, 200 Pleasant Street, Malden, Massachusetts.
Send comments to The Honorable Richard C. Howard, Mayor of the City of Malden, Malden City Hall, 200 Pleasant Street, Malden, Massachusetts 02148.
Massachusetts	Revere (City), Suffolk County	Town Line Brook	Approximately 100 feet east of intersection of Washington Avenue and Squire Road	None	*9
		Linden Brook	Approximately 180 feet south of the intersection of Lynn Street and Adamski Memorial Highway	None	*9
Maps available for inspection at the Revere Planning Office, 281 Broadway, Revere, Massachusetts.
Send comments to The Honorable Thomas Ambrosino, Mayor of the City of Revere, City Hall, 281 Broadway, Revere, Massachusetts 02151.
New Hampshire	Errol (Town), Coos County	Akers Pond	Entire shoreline within community	None	*1,231
Maps available for inspection at the Errol Town Office Building, 33 Main Street, Errol, New Hampshire.
Send comments to Mr. Larry S. Enman, Chairman of the Town of Errol Board of Selectmen, P.O. Box 100, Errol, New Hampshire 03579.
New Hampshire	Nashua (City), Hillsborough County	Nashua River	At the downstream side of B&M Railroad bridge	*115	*114
			Approximately 0.75 mile upstream of State Route 111	*177	*176
		Bartemus Brook	At confluence with Nashua River	*167	*165
			At upstream corporate limits	*168	*166
		Lyle Reed Brook	At confluence with Nashua River	*169	*167
			Approximately 0.75 mile upstream of State Route 11	*169	*167
Maps available for inspection at the Nashua City Hall, 229 Main Street, Nashua, New Hampshire.
Send comments to The Honorable Bernard A. Streeter, Mayor of the City of Nashua, City Hall, 229 Main Street, Nashua, New Hampshire 03061-2019.
New York	Corning (City), Steuben County	Post Creek	Approximately 0.52 mile upstream of the confluence with Chemung River	*923	*924
			Approximately 1.55 miles upstream of the confluence with Chemung River	None	*958
Maps available for inspection at Corning Code Enforcement Office, 7 Nasser Civic Center, Corning, New York.
Send comments to The Honorable Alan Lewis, Sr., Mayor of the City of Corning, 7 Nasser Civic Center, Corning, New York 14830.
New York	Hamilton (Village), Madison County	Canal Tributary	At confluence with Payne Brook Tributary	None	*1,110
			At the upstream corporate limits	None	*1,116
		Payne Brook	Approximately 1,360 feet downstream of College Street	None	*1,101
			At upstream corporate limits	None	*1,125
		Payne Brook Tributary	At the confluence with Payne Brook	None	*1,104
			Approximately 80 feet upstream of Eaton Street	None	*1,119
Maps available for inspection at the Hamilton Village Hall, 3 Broad Street, Hamilton, New York.
Send comments to The Honorable Charlie Getchonis, Mayor of the Village of Hamilton, 3 Broad Street, Hamilton, New York 13346-0119.
New York	Lisle (Town), Broome County	Dudley Creek	Approximately 650 feet downstream of Owen Hill Road	None	*1,044
			At Popple Hill Road	None	*1,097
		Culver Creek	At the confluence with Dudley Creek	None	*1,075
			At Hunts Corners Road	None	*1,106
		Tioughnioga River	Approximately 3.12 miles downstream of Main Street	None	*979
			A point approximately 1.19 miles upstream of Main Street	None	*1,003
Maps available for inspection at the Lisle Town Office, 9234 NYS Route 79, Lisle, New York.
Send comments to Mr. James C. Dunham, Lisle Town Supervisor, P.O. Box 98, Lisle, New York 13797.
New York	Lockport (Town), Niagara County	Eighteen Mile Creek	At downstream corporate limits	None	*356
			Approximately 130 feet upstream of Stone Road	None	365
		East Tributary to Eighteen Mile Creek	At downstream corporate limits	None	*360
			Approximately 1 mile upstream of State Route 104	None	*363
		West Tributary to Eighteen Mile Creek	At confluence with Eighteen Mile Creek	None	*359
			At Lockport town line	None	*384
		East Branch to Eighteen Mile Creek	At downstream corporate limits	None	*357
			Approximately 1,500 feet upstream of upstream corporate limits	None	*375
		Gulf Branch	At Niagara Street	None	*472
			Just downstream of Upper Mountain Road	None	*584
		Gulf Tributary	At confluence with Gulf Branch	None	*497
			Approximately 2,250 feet upstream of confluence with Gulf Branch	None	*514
		Tonawanda Creek	Approximately 1 mile upstream of Rapids Road	*590	*591
			At upstream corporate limits	*590	*591
		Donner Creek	At the downstream corporate limits	*605	*606
			Approximately 1,660 feet upsteam of Hamm Road	*617	*618
Maps available for inspection at the Lockport Town Hall, 6560 Dysing Road, Lockport, New York.
Send comments to Mr. John Austin, Lockport Town Supervisor, Town Hall, 6560 Dysinger Road, Lockport, New York 14094.
Ohio	Portsmouth (City), Scioto County	Scioto River	From approximately 0.80 mile upstream of U.S. Route 52	*536	*535
		Ohio River	At the downstream corporate limit	*537	*538
			Approximately 1.0 mile downstream of CSX Transportation	*537	*538
Maps available for inspection at the Portsmouth Municipal Building, 728 2nd Street, Portsmouth, Ohio.
Send comments to The Honorable Gregory A. Bauer, Mayor of the City of Portsmouth, 728 2nd Street, Portsmouth, Ohio 45662.
Ohio	Rarden (Village), Scioto County	Rarden Creek	At Norfolk Southern Railway	None	*615
			At the upstream corporate limits	None	*615
Maps available for inspection at the Rarden City Hall, 1400 Main Street, Rarden, Ohio.
Send comments to The Honorable Anna J. Gardner, Mayor of the Village of Rarden, P.O. Box 8, Rarden, Ohio 45671.
Ohio	Scioto County (Unicorporated Areas)	Ohio River	Approximately 1,270 feet downstream of the confluence of Spencer Creek	*530	*531
			Approximately 4.2 miles downstream of CSX Transportation	*536	*537
Maps available for inspection at the Scioto County Courthouse, 602 7th Street, Room 1, Portsmouth, Ohio.
Send comments to Mr. Vern Riffe III, Chairman of the Scioto County Board of Commissioners, 602 7th Street, Room 1, Portsmouth, Ohio 45662.
Vermont	Hardwick (Town/Village), Caledonia County	Lamoille River Divergence	Approximately 460 feet upstream of the confluence with Lamoille River	*793	*794
			At the divergence from Lamoille River	*805	*804
Maps available for inspection at the Hardwick Town Hall, 20 Church Street, Hardwick, Vermont.
Send comments to Mr. Daniel P. Hill, Hardwick Town/Village Manager, P.O. Box 523, 20 Church Street, Hardwick, Vermont 05843.
Wisconsin	Bay City (Village), Pierce County	Mississippi River (Lake Pepin)	Entire shoreline within community	*681	*682
		Bay City Creek	Approximately 520 feet downstream of CSX Transportation	*682	*683
			Approximately 900 feet upstream of Great River Road	*691	*690
Maps available for inspection at Bay City Village Hall, W6371 Main Street, Bay City, Wisconsin.
Send comments to Mr. James Turvaville, Bay City Village President, P.O. Box 9, Bay City, Wisconsin 54723.
Wisconsin	Chippewa Falls (City), Chippawa County	Duncan Creek	Upstream side of Bridge Street	*828	*827
			Approximately 0.72 mile upstream of Glen Loch Dam	*899	*898
Maps available for inspection at the Chippewa Falls City Hall, 30 West Central Street, Chippewa Falls, Wisconsin.
Send comments to The Honorable Virginia O. Smith, Mayor of the City of Chippewa Falls, 30 West Central Street, Chippewa Falls, Wisconsin 54729.

(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance”)

Dated: December 11, 2001.

Robert F. Shea,

Acting Administrator, Federal Insurance and Mitigation Administration.