01-3918. 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, Mitigation Directorate, 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 Associate Director, Mitigation Directorate, 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
Indiana	Decatur County (Unincorporated Areas)	Righthand Fork	At confluence with Lake Santee	None	*997
			Approximately 1,850 feet upstream of the confluence of Righthand Fork Tributary	None	*1,025
		Righthand Fork Tributary	At confluence with Righthand Fork	None	*1,017
			Approximately 1,003 feet upstream of the confluence with Righthand Fork	None	*1,023
		Lake Santee	For its entire shoreline within the community	None	*997
Maps available for inspection at the Decatur County Area Planning Commission Office, 150 Courthouse Square, Greensburg, Indiana.
Maine	Bar Island, Lincoln County	Muscongus Bay	Entire shoreline of Bar Island	None	*16
Maps available for inspection at the Bristol Town Office, 1268 Bristol Road, Bristol, Maine, and Land Use Regulation Commission, State House Station 22, Augusta, Maine.
Send comments to Mr. Fred Todd, Land Use Regulation Commission, State House Station 22, Augusta, Maine 04333.
Maine	Dixfield (Town), Oxford County	Androscoggin River	At the downstream corporate limits	None	*403
			At the confluence of the Webb River	None	*416
		Aunt Hannah Brook	At the confluence with the Webb River	None	*434
			Approximately 75 feet upstream of Weld Road	None	*443
		Butterfield Brook	At the confluence with Sevenmile Stream	None	*466
			Approximately 60 feet upstream of U.S. Route 2/State Route 17	None	*478
		Harvey Brook	At the confluence with the Androscoggin River	None	*407
			Approximately 460 feet upstream of Canton Point Road	None	*407
		Hugh Brook	At the confluence with Sevenmile Stream	None	*516
			Approximately 1,460 feet upstream of the confluence with Sevenmile Stream	None	*562
		Newton Brook	At the confluence with the Androscoggin River	None	*409
			Just upstream of Norton Road	None	*580
		Paddy Meadow Brook	Approximately 1,400 feet upstream of the confluence with the Webb River	None	*435
			Just upstream of Weld Road	None	*458
		Potash Brook	At the confluence with Sevenmile Stream	None	*490
			At county boundary	None	*491
		Sevenmile Stream	Approximately 490 feet downstream of Severy Hill Road	None	*422
			Approximately 0.5 mile upstream of U.S. Route 2/State Route 17	None	*562
		Tucker Valley Brook	Approximately 0.7 mile downstream of Valley Brook Road	None	*428
			Approximately 70 feet upstream of Point Morse Hill Road	None	*612
		Webb River	At the confluence with Androscoggin River	None	*416
			Approximately 100 feet downstream of U.S. Route 2	None	*420
Maps available for inspection at the Dixfield Town Hall, 46 Main Street, Dixfield, Maine.
Send comments to Mr. Hugh G. Daley, Chairman of the Town of Dixfield Board of Selectmen, P.O. Box 808, Dixfield, Maine 04224-0808.
Maine	Greenville (Town) Piscataquis County	Mill Brook	At the confluence with Moosehead Lake	None	*1,030
			Approximately 55 feet upstream of Scammon Road	None	*1,260
		Prong Pond	Entire shoreline within community	None	*1,033
Maps available for inspection at the Greenville Town Office, Minden Street, Greenville, Maine.
Send comments to Mr. John Simko, Greenville Town Manager, P.O. Box 1109, Greenville, Maine 04441.
Maine	Indian Island, Lincoln County	Muscongus Bay	Western shoreline of Indian Island	None	*13
			Eastern shoreline of Indian Island	None	*16
Maps available for inspection at the Bristol Town Office, 1268 Bristol Road, Bristol, Maine, and Land Use Regulation Commission, State House Station 22, Augusta, Maine.
Send comments to Mr. Fred Todd, Land Use Regulation Commission, State House Station 22, Augusta, Maine 04333.
Maine	Louds Island, Lincoln County	Muscongus Bay	Eastern shoreline of Louds Island directly west of Killick Stone Island	None	*23
		Muscongus Sound	Northwestern shoreline of Louds Island	None	*10
Maps available for inspection at the Bristol Town Office, 1268 Bristol Road, Bristol, Maine, and Land Use Regulation Commission, State House Station 22, Augusta, Maine.
Send comments to Mr. Fred Todd, Land Use Regulation Commission, State House Station 22, Augusta, Maine 04333.
Maine	Marsh Island, Lincoln County	Muscongus Bay	Southeastern shoreline of Marsh Island	None	*23
			Northern shoreline of Marsh Island	None	*10
Maps available for inspection at the Bristol Town Office, 1268 Bristol Road, Bristol, Maine, and Land Use Regulation Commission, State House Station 22, Augusta, Maine.
Send comments to Mr. Fred Todd, Land Use Regulation Commission, State House Station 22, Augusta, Maine 04333.
Maine	Wilton (Town), Franklin County	Butterfield Brook	At U.S. Route 2/State Route 17	None	*477
			Approximately 0.64 mile upstream of Butterfield Road	None	*727
		Cram Brook	At confluence with Sevenmile Stream	None	*611
			At confluence of Ice Pond Brook	None	*617
		Ice Pond Brook	At confluence with Cram Brook	None	*617
			Approximately 230 feet upstream of Gordon Road	None	*638
		Pine Brook	At confluence with Wilson Stream	None	*581
			Approximately 85 feet upstream of State Route 156 (Weld Road)	None	*592
		Potash Brook	At U.S. Route 2/State Route17	None	*488
			Approximately 120 feet upstream of Cemetery Road	None	*515
		Sevenmile Stream	At downstream U.S. Route 2/State Route 17 crossing	None	*520
			At upstream corporate limits	None	*633
		Temple Brook	At confluence with Wilson Stream	None	*635
			Approximately 0.84 mile upstream of State Road 156 (Weld Road)	None	*775
		Wilson Stream	At confluence with Wilson Pond	None	*576
			Approximately 0.7 mile upsream of Tobin Flats Road	None	*726
		Varnum Pond	Approximately 1,250 feet west of the intersection of Rupert Road and Walker Hill Road	None	*758
Maps available for inspection at the Wilton Town Hall, Code Enforcement Office, 158 Weld Road, Wilton, Maine.
Send comments to Mr. Richard Davis, Wilton Town Manager, P.O. Box 651, Wilton, Maine 04294.
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 11	*177	*176
		Bartemus Brook	At confluence with Nashua River	*167	*165
			At upstream corporate limits	*168	*166
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, 229 Main Street, Nashua, New Hampshire 03061.
New Jersey	Millburn (Township), Essex County	Passaic River	Approximately 2,550 feet upstream of downstreeam corporation limits	*176	*177
			Approximately 100 feet downstream of Main Street	*180	*179
Maps available for inspection at the Millburn Township Hall, 375 Millburn Avenue, Millburn, Ne Jersey.
Send comments to The Honorable Elaine Becker, Mayor of the Township of Millburn, 375 Millburn Avenue, Millburn, New Jersey 07041.
New Jersey	New Providence (Borough), Union County	Passaic River	At the downstream corporate limit	*208	*207
			At the upstream corporate limit	*211	*212
Maps available for inspection at the New Providence Borough Hall, Engineer's Office, 360 Elkwood Avenue, New Providence, New Jersey.
Send comments to The Honorable Allen Morgan, Mayor of the Borough of New Providence, Municipal Building, 360 Elkwood Avenue, New Providence, New Jersey 07974.
New Jersey	Roseland (Borough), Essex County	Passaic River	At the downstream corporate limits	*173	*174
			Approximately 0.65 mile upstream of Eagle Rock Avenue	*174	*175
		Foulertons Brook	At the confluence with Passaic River	*173	*174
			Approximately 0.44 mile upstream of the confluence with Passaic River	*173	*174
		North Branch Foulertons Brook	At the confluence with Foulertons Brook	*173	*174
			Approximately 780 feet upstream of the confluence with Foulertons Brook	*173	*174
Maps available for inspection at the Roseland Municipal Building, Office of the Borough Clerk, 19 Harrison Avenue, Roseland, New Jersey.
Send comments to The Honorable Louis DeBell, Mayor of the Borough of Roseland, Municipal Building, 19 Harrison Avenue, Roseland, New Jersey 07068-1397.
New Jersey	Warren (Township), Somerset County	Passaic River	Approximately 0.38 mile downstream of Hillcrest Road	*215	*213
			Approximately 3.45 miles upstream of Stirling Road	*216	*214
Maps available for inspection at the Warren Township Hall, Engineer's Office, 46 Mountain Boulevard, Warren, New Jersey.
Send comments to The Honorable Kenneth Brenn, Mayor of the Township of Warren, 46 Mountain Boulevard, Warren, New Jersey 07059.
New York	Corning (Town), Steuben County	Post Creek	Approximately 150 feet downstream of downstream corporate limits	None	*956
			Approximately 1,850 feet upstream of downstream corporate limits	None	*967
Maps available for inspection at the Corning Town Hall, 20 South Maple Street, Corning, New York 14830.
Send comments to Mr. Joe Prisella, Corning Town Supervisor, 20 South Maple Street, Corning, New York 14830.
New York	Hamburg (Town), Erie County	Foster Brook	At the confluence with Lake Erie	*581	*582
			Downstream side of Maelou Drive	*791	*795
		Lake Erie	Southwest corporate limits along Lake Erie	*580	*582
			Northeast corporate limits along Lake Erie	*581	*582
Maps available for inspection at the Town of Hamburg Building Inspection Department, 6100 South Park Avenue, Hamburg, New York.
Send comments to Mr. Patrick H. Hoak, Hamburg Town Supervisor, 6100 South Park Avenue, Hamburg, New York 14075.
Ohio	Adams County (Unincorporated Areas)	Ohio River	Approximately 600 feet downstream of the downstream county boundary	None	*517
			Approximately 400 feet upstream of the upstream county boundary	None	*529
Maps available for inspection at the Adams County Administrative Offices, 215 North Cross Street, West Union, Ohio.
Send comments to Mr. Robert Hall, Adams County Senior Commissioner, 110 West Main Street, West Union, Ohio 45693.
Ohio	Brown County (Unincorporated Areas)	Ohio River	From the downstream county boundary	None	*509
			From the upstream county boundary	None	*517
Maps available for inspection at the Brown County Engineer's Office, 325 West State Street, Georgetown, Ohio.
Send comments to Mr. Kirby Cornett, Chairman of the Brown County Board of Commissioners, 800 Mount Orab Pike, Georgetown, Ohio 45121.
Ohio	Valley View (Village), Cuyahoga County	Cuyahoga River	Approximately 250 feet downstream of corporate limits	*602	*606
			Approximately 100 feet upstream of Hillside Road	*616	*615
Maps available for inspection at the Valley View Village Hall, 6848 Hathaway Road, Valley View, Ohio.
Send comments to The Honorable Randall A. Westfall, Mayor of the Village of Valley View, 6848 Hathaway Road, Valley View, Ohio 44125.
Pennsylvania	Emmaus (Borough), Lehigh County	Tributary No. 1 to Little Lehigh Creek	Approximately 450 feet downstream of East Berger Street	None	*337
			Approximately 460 feet upstream of Minor Street	None	*418
Maps available for inspection at the Emmaus Borough Hall, 28 South Fourth Street, Emmaus, Pennsylvania.
Send comments to The Honorable Winfield Lost, Mayor of the Borough of Emmaus, 28 South Fourth Street, Emmaus, Pennsylvania 18049.
South Carolina	Richland County (Unincorporated Areas)	Gills Creek	At the confluence with the Congaree River	*135	*133
			At the Southern Railway bridge	*140	*139
		Rocky Branch	At the confluence with Congaree River	*152	*146
			Approximately 460 feet upstream of Olympia Avenue	*152	*151
		Tributary G-1	At the confluence with Gills Creek	*140	*136
			Approximately 810 feet upstream of Bluff Road	*142	*141
		Reeder Point Branch	At the confluence with Black Lake	*129	*133
			Approximately 140 feet upstream side of State Route 48 (Bluff Road)	*136	*135
		Congaree River	Approximately 2.64 miles downstream of the confluence with Gills Creek	None	*128
			Approximately 0.45 mile upstream of the Southern Railway	*155	*149
		Spears Creek	Downstream side of Jacobs Mill Pond Road	*220	*221
			Approximately 0.5 mile upstream Spears Creek Church Road	*312	*311
		Lake Murry	Entire shoreline within county	None	*363
Maps available for inspection at the Richland County Planning Department, 2020 Hampton Street, Columbia, South Carolina.
Send comments to Mr. T. Cary McSwain, Richland County Administrator, P.O. Box 192, Columbia, South Carolina 29202.

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

Dated: January 30, 2001.

Margaret E. Lawless,

Acting Executive Associate Director for Mitigation.