Proposed Flood Elevation Determinations

FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 67

[Docket No. FEMA-D-7516]

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, (202) 646-3461, or (email)

matt.miller@fema.gov

.

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.

[FR Doc. 01-31371 Filed 12-19-01; 8:45 am]

BILLING CODE 6718-04-P