01-18739. 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, Hazard Mapping Division, 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
Connecticut	Newington Town Hartford County	Mill Brook	At the confluence with Piper Brook	*53	*50
			Approximately 380 feet upstream of dam with footbridge	*75	*74
		Schoolhouse Brook	Approximately 0.3 mile downstream of Wilson Avenue	*75	*74
			At Robbins Avenue	*80	*81
		Piper Brook	At the downstream corporate limits	*53	*49
			Approximately 350 feet upstream of confluence of Bass Brook	*80	*79
		Rock Hole Brook	Approximately 340 feet downstream of Stonehedge Drive	*50	*51
			Approximately 380 feet upstream of Willard Avenue	None	*89
	Webster Brook	Approximately 0.54 mile downstream of Kelsey Street	*45	*48
			Approximately 0.52 mile upstream of railroad embankment	None	*74
		Webster Brook Tributary	At the confluence with Webster Brook	None	*68
			Approximately 1,300 feet upstream of Liberty Street	None	*71
		Bass Brook	At confluence with Piper Brook	*80	*79
			Approximately 100 feet upstream of Route 9	None	*100
Maps available for inspection at the Newington Town Hall, 131 Cedar Street, Newington, Connecticut.
Send comments to The Honorable Robert A. Randich, Mayor of the Town of Newington, Newington Town Hall, 131 Cedar Street, Newington, Connecticut 06111.
Georgia	Morgan County (Unincorporated Areas)	Apalachee River	Approximately 2.98 miles downstream of State Route 186	None	*574
			Just downstream of State Route 186	None	*673
Maps available for inspection at the Morgan County Building Inspector's Office, 384 Hancock Street, Madison, Georgia.
Send comments to Mr. William Michael Nabors, Chairman of the Morgan County Board of Commissioners, P.O. Box 168, Madison, Georgia 30650.
Illinois	Champaign County (Unincorporated Areas)	Sangamon River	Approximately 1,000 feet downstream from the Township Road 2000 North (Shively) bridge	None	*676
			At Lake of the Woods covered bridge	None	*689
Maps available for inspection at the Champaign County Department of Planning and Zoning, Brookens Administrative Center, 1776 East Washington Street, Urbana, Illinois.
Send comments to Ms. Patricia Avary, Chairman of the Champaign County Board, Brookens Administrative Center, 1776 East Washington Street, Urbana, Illinois 61802.
Illinois	Mahomet (Village), Champaign County	Sangamon River	Approximately 800 feet downstream of downstream corporate limits	None	*677
			Approximately 1,800 feet downstream of upstream corporate limits	None	*689
Maps available for inspection at the Mahomet Village Hall, 503 East Main Street, Mahomet, Illinois.
Send comments to The Honorable Jeff Courson, Mayor of the Village of Mahomet, 503 East Main Street, P.O. Box 259, Mahomet, Illinois 61853.
Indiana	Cicero (Town), Hamilton County	Morse Reservoir	Entire shoreline within community	*813	*814
Maps available for inspection at the Cicero Town Hall, 70 North Byron Street, Cicero, Indiana.
Send comments to Mr. Bruce Freeman, President of the Cicero Town Council, 150 West Jackson, Cicero, Indiana 46034.
Indiana	Fishers (Town), Hamilton County	Mud Creek	At East 96th Street	*780	*781
			At East 126th Street	*812	*815
		Sand Creek	At East 106th Street	*784	*785
			At Interstate 69	*803	*806
		West Fork White River	Approximately 1.2 miles downstream of confluence of Britton Branch	None	*745
			Approximately 0.8 mile upstream of confluence of Britton Branch	None	*748
		Britton Branch	At confluence with West Fork White River	None	*746
			Approximately 100 feet downstream of State Route 37	None	*809
Maps available for inspection at the Town of Fishers Administrative Offices, One Municipal Drive, Fishers, Indiana.
Send comments to Mr. Michael Booth, Fishers Town Manager, One Municipal Drive, Fishers, Indiana 46038.
Indiana	Hamilton County (Unincorporated downstream Areas)	Mud Creek	Approximately 180 feet downstream of East 146th Street	None	*831
			At Atlantic Road	None	*845
		Sand Creek	At East 146th Street	None	*821
			At Praire Baptist Road	None	*840
		Musselman Ditch	Approximately 1,400 feet upstream of Promise Road	None	*780
			Approximately 0.5 mile upstream of Victory Chapel Road	None	*795
		Kirkendall Creek	At East 146th Street	None	*770
			At Hinkle Road	None	*821
		Vestal Ditch	At East 146th Street	None	*769
			Approximately 1,600 feet downstream of East 161st Street	None	*775
Maps available for inspection at the Hamilton County Government and Judicial Center, One Hamilton County Square, Noblesville, Indiana.
Send comments to Mr. Charles Kiphart, Director of the Hamilton County Planning Commission, One Hamilton County Square, Suite 146, Noblesville, Indiana 46060.
Indiana	Noblesville (City), Hamilton County	Britton Branch	Just upstream of Allisonville Road	None	*751
			Justdownstream of Norfolk and Western Railroad	None	*800
		Elmwood-Wilson Ditch	At confluence with Stony Creek	None	*756
			Approximately 500 feet downstream of State Route 37	None	*768
		Kirkendall Creek	Just upstream of abandoned railroad	None	*785
			Just downstream of East 156th Street	None	*793
		Mallery Granger Ditch	At confluence with West Fork White River	None	*765
			Approximately 800 feet downstream of East 211th Street	None	*805
		Mill Creek	At confluence with Sly Run	None	*767
			Approximately 600 feet upstream of Little Chicago River	None	*819
		Morse Reservoir	Entire shoreline within community	None	*814
		Musselman Ditch	At confluence with West Fork White River	None	*771
			Approximately 1,400 feet upstream of Promise Road	None	*780
		Sly Run	At confluence with Cicero Creek	None	*762
			At confluence of Sly Run East Fork and Sly Run West Fork	None	*821
		Vestal Ditch	Approximately 200 feet downstream of abandoned railroad	None	*772
			Just downstream of East 161st Street	None	*776
		Sly Run East Fork	At confluence of Sly Run West Fork	None	*821
			Just downstream of Hinkle Road	None	*865
		Sly Run West Fork	At confluence of Sly Run East Fork	None	*821
			Approximately 125 feet upstream of Little Chicago Road	None	*830
Maps available for inspection at the City of Noblesville Department of Planning and Development, 16 South Tenth Street, Noblesville, Indiana.
Send comments to The Honorable Dennis Redick, Mayor of the City of Noblesville, 16 South Tenth Street, Noblesville, Indiana 46060.
Indiana	Westfield (Town), Hamilton County	Cool Creek	Just upstream of East 146th Street	*817	*818
			Just downstream of East 186th Street	None	*870
		Grassy Branch	Approximately 600 feet downstream of Westfield Park Road	None	*894
			Approximately 0.57 mile upstream of State Route 32	None	*906
		Kirdendall Creek	Just upstream of Hinkle Road	None	*822
			Just downstream of East 161st Street	None	*832
		Little Eagle Creek	Approximately 1,250 feet downstream of West 146th Street	None	*865
			Just downstream of Casey Road	None	*977
		North Cool Creek	Just upstream of East 186th Street	None	*870
			Just downstream of intersection of Tomlinson Road and East 191st Street	None	*892
		Sly Run East Fork	Just upstream of Hinkle Road	None	*866
			Approximately 0.4 mile upstream of Hinkle Road	None	*872
Maps available for inspection at the Westfield Town Hall, 130 Penn Street, Westfield, Indiana.
Send comments to Mr. Michael McDonald, Westfield Town Council President, 130 Penn Street, Westfield, Indiana 46074.
Maine	Bangor (City), Penobscot County	Penobscot River	At downstream corporate limits At upstream corporate limits	*15 *31	*16 *25
		Penjajawoc Stream	At Mount Hope Avenue	*44	*45
			Approximately 0.35 mile upstream of Stillwater Avenue	*108	*107
		Kenduskeag	At confluence with Penobscot River	*17	*18
		Stream	Approximately 0.64 mile upstream of confluence with Penobscot River	*17	*18
Maps available for inspection at the Bangor City Hall, 73 Harlow Street, Bangor, Maine.
Send comments to Mr. Edward Barrett, Bangor City Manager, 73 Harlow Street, Bangor, Maine 04401.
New Jersey	Summit (City), Union County	Passaic River	Approximately 200 feet upstream of Old Highway 24/corporate limits	*181	*180
			Approximately 0.62 mile (3,250 feet) upstream of Stanley Avenue	*206	*207
Maps available for inspection at the Summit City Hall, 512 Springfield Avenue, Summit, New Jersey.
Send comments to The Honorable Walter D. Long, Mayor of the City of Summit, Municipal Building, 512 Springfield Avenue, Summit, New Jersey 07901-1702.
New York	Davenport (Town), Delaware County	Charlotte Creek	At the confluence with the Susquehanna River	None	*1,101
			At upstream of corporate limits	None	*1,327
Maps available for inspection at the Davenport Town Hall, Route 23, Davenport Center, New York 13751.
Send comments to Mr. Tod Rider, Town of Davenport Supervisor, P.O. Box 88, Davenport Center, New York 13571.
New York	Evans (Town), Erie County	Reisch Creek	At the confluence with Lake Erie A point approximately 180 feet upstream of Revere Drive	*579 *683	*580 *681
		Lake Erie	Southwest corporate limits along Lake Erie	*579	*580
			Northeast corporate limits along Lake Erie	*580	*581
Maps available for inspection at the Evans Town Hall, 8787 Erie Road, Angola, New York 14006-9600.
Send comments to Mr. Robert R. Catalino II, Evans Town Supervisor, Evans Town Hall, 8787 Erie Road, Angola, New York 14006-9600.
New York	Kiryas Joel (Village), Orange County	Coronet Brook	At the confluence with Tributary No. 25	None	*612
			Approximately 340 feet upstream of Israel Zupnik Drive	None	*649
		Forest Brook	At the confluence with Tributary No. 25	None	*604
			Approximately 0.45 mile upstream of Schunnemunk Road	None	*760
		Highland Brook	At the confluence with Tributary No. 25	None	*609
			Approximately 1,470 feet upstream of Bakertown Road	None	*654
		Palm Brook	Approximately 980 feet downstream of Koznits Road	None	*677
			Approximately 0.4 mile upstream of an Access Road	None	*833
		Tributary No. 25	Approximately 600 feet downstream of the confluence of Forest Brook	None	*601
			Approximately 200 feet upstream of Krolla Drive	None	*734
Maps available for inspection at the Kiryas Joel Village Hall, 51 Forest Road, Monroe, New York.
Send comments to The Honorable Abraham Weider, Mayor of the Village of Kiryas Joel, P.O. Box 566, 51 Forest Road, Monroe, New York 10950.
New York	Leray (Town), Jefferson County	Indian River	Approximately 0.43 mile downstream of Joachim Road	None	*406
			Approximately 1.48 miles upstream of Elm Ridge Road	None	*413
		West Creek	At its confluence with Indian River	None	*410
			Approximately 1.07 miles upstream of the confluence with Indian River	None	*410
Maps available for inspection at the Leray Town Hall, 8433 Willow Street, Evans Mills, New York 13637.
Send comments to Mr. Ronald Taylor, Leray Town Supervisor, 8433 Willow Street, Evans Mills, New York 13637.
Ohio	Willoughby Hills (City), Lake County	Euclid Creek North Tributary	Approximately 2,800 feet downstream of Bishop Road	None	*827
			Approximately 4,020 feet upstream of Lamplight Lane	None	*873
		Euclid Creek South Tributary	At confluence with Euclid Creek North Tributary	None	*832
			Approximately 1.1 miles upstream of Bishop Road	None	*877
Maps available for inspection at the Willoughby Hills City Hall, 35405 Chardon Road, Willoughby Hills, Ohio.
Send comments to The Honorable Mort O'Ryan, Mayor of the City of Willoughby Hills, 35405 Chardon Road, Willoughby Hills, Ohio 44094.
Tennessee	Adamsville (Town), McNairy County	Beason Creek	Approximately 725 feet downstream of the corporate limits	None	*452
			Approximately 25 feet upstream of Lynn Street	None	*494
		Beason Creek Tributary	At the confluence with Beason Creek	None	*468
			Approximately 100 feet upstream of South Oak Street	None	*505
		Snake Creek	Approximately 1,440 feet downstream of State Route 22	None	*402
			Approximately 600 feet upstream of State Route 22	None	*402
Maps available for inspection at the Adamsville City Hall, 231 East Main Street, Adamsville, Tennessee.
Send comments to The Honorable Paul Wallace Plunk, Mayor of the Town of Adamsville, P.O. Box 301, Adamsville, Tennessee 38310.
Vermont	Hardwick (Town and Village), Caledonia County	Lamoille River	Approximately 50 feet downstream of State Route 15W	*796	*794
			Approximately 175 feet upstream of North Main Street	*830	*829
		Cooper Brook	At confluence with Lamoille River	*812	*807
			Approximately 785 feet upstream of Elm Street	*815	*814
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.
Vermont	Stowe (Town), Lamoille County	West Branch Little River	At confluence Little River	*709	*705
			Approximately 100 feet upstream of State Route 108	None	*960
		Little River	Approximately 630 feet upstream of Canoe Factory Dam	*687	*688
			At confluence of East Branch Little River	*709	*705
		East Branch Little River	At confluence with Little Little River	*709	*705
			Approximately 400 feet upstream of Cemetery Road	*709	*708
Maps available for inspection at the Stowe Town Hall, 67 Main Street,Stowe, Vermont.
Send comments to Mr. Richard Marron, Chairman of the Town of Stowe Board of Selectmen, P.O. Box 730, Stowe, Vermont 05672.
Vermont	Woodstock (Town Village), Windsor County	Ottauquechee River	Approximately 550 feet upstream of U.S. Route 4	*696	*697
			At the upstream corporate limits	*816	*812
Maps available for inspection at the Town Hall, 31 The Green, Woodstock, Vermont.
Send comments to Mr. John Doten, Chairman of the Board of Selectmen, Town Hall, P.O. Box 488, Woodstock, Vermont 05091.
Virginia	Berryville (Town), Clarke County	Town Run	Approximately 1,220 feet downstream of Springsbury Road (State Route 613)	None	*553
			Approximately 80 feet upstream of Lincoln Avenue	None	*599
Maps available for inspection at Town of Berryville Office, 23 East Main Street, Berryville, Virginia.
Send comments to Mr. Keith Dalton, Town of Berryville Manager, 23 East Main Street, Berryville, Virginia 22611.

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

Dated: July 18, 2001.

Robert F. Shea,

Acting Administrator, Federal Insurance and Mitigation Administration.