Federal Register: June 3, 2010 (Volume 75, Number 106)

DOCID: fr03jn10-25 FR Doc 2010-13264

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

CFR Citation: 44 CFR Part 67

Docket ID: [Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1120]

NOTICE: PROPOSED RULES

DOCID: fr03jn10-25

DOCUMENT ACTION: Proposed rule.

SUBJECT CATEGORY:

Proposed Flood Elevation Determinations

DATES: Comments are to be submitted on or before September 1, 2010.

DOCUMENT 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 notice 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.

SUMMARY:

Flood Elevation Determinations

SUPPLEMENTAL 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.

Sec. 67.4 [Amended]

2. The tables published under the authority of Sec. 67.4 are proposed to be amended as follows:
* Elevation in feet (NGVD) + Elevation in feet (NAVD) Depth in feet above Flooding source(s) Location of referenced ground [caret] Communities affected elevation Elevation in meters (MSL) Effective Modified Tazewell County, Illinois, and Incorporated Areas Bull Run Creek...................... Approximately 900 feet None +655 Unincorporated Areas of upstream of the Tazewell County, confluence with Village of Morton Prairie Creek.
At the upstream side of None +680 Idlewood Street
extended.
Dempsey Creek....................... Approximately 1.40 mile None +541 Unincorporated Areas of upstream of the Tazewell County. confluence with Farm Creek.
Approximately 2.56 None +603 miles upstream of the confluence with Farm Creek.
Farm Creek.......................... Approximately 770 feet None +740 Unincorporated Areas of upstream of the Tazewell County. railroad bridge.
At the downstream side None +742 of Diebel Road.
Fond Du Lac Creek................... At the confluence with None +500 Unincorporated Areas of Farm Creek. Tazewell County. At the downstream side None +508 of East Washington
Street (IL8).
Illinois River...................... At the upstream side of +455 +454 City of Pekin, Mason Road extended. Unincorporated Areas of Tazewell County. Approximately 1,950 +458 +457 feet upstream of
Illinois Highway 9.
Lick Creek.......................... Approximately 480 feet None +472 City of Pekin. downstream of Parkway Drive.
Approximately 680 feet None +476 upstream of Parkway
Drive.
Mackinaw River...................... Approximately 0.97 mile None +588 Village of Mackinaw. downstream of Dee Mack Road (County Highway 6).
Approximately 0.78 mile None +591 downstream of Dee Mack Road (County Highway 6).
Prairie Creek....................... Approximately 0.49 mile None +648 Unincorporated Areas of downstream of the Tazewell County. confluence with Bull Run Creek.
Approximately 280 feet None +654 downstream of the
confluence with Bull Run Creek.
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School Creek........................ At the confluence with None +509 City of East Peoria, Farm Creek. Unincorporated Areas of Tazewell County. Approximately 80 feet None +622 west of Rio Drive
extended.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
[caret] 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of East Peoria
Maps are available for inspection at City Hall, 100 South Main Street, East Peoria, IL 61611. City of Pekin
Maps are available for inspection at City Hall, 111 South Capitol Street, Pekin, IL 61554. Unincorporated Areas of Tazewell County Maps are available for inspection at the McKenzie Building, 11 South 4th Street, 4th Floor, Pekin, IL 61554. Village of Mackinaw
Maps are available for inspection at the Village Hall, 100 East Fast Street, Mackinaw, IL 61755. Village of Morton
Maps are available for inspection at the Village Hall, 120 North Main Street, Morton, IL 61550. Kennebec County, Maine (All Jurisdictions) Berry Pond.......................... Entire shoreline north +245 +246 Town of Winthrop. of Dexter Pond Road. Echo Lake........................... Entire shoreline within None +317 Town of Fayette. the Town of Fayette. Kennebec River...................... Approximately 3.5 miles None +44 Town of Vassalboro. upstream of I95.
Approximately 2.6 miles None +55 downstream of Carter Memorial Drive Bridge. Little Pond......................... Entire shoreline within None +256 Town of Rome. the Town of Rome.
Long Pond........................... Entire shoreline within None +187 Town of Windsor. the Town of Windsor. Lovejoy Pond........................ Entire shoreline within None +304 Town of Fayette. the Town of Fayette. Messalonskee Stream................. At the County Road None +105 Town of Oakland. Bridge.
At the boundary between None +105 the City of Waterville and Somerset County. North Pond.......................... Entire shoreline within None +256 Town of Rome. the Town of Rome.
Sebasticook River................... Approximately 2,500 None +129 Township of Unity. feet downstream of the boundary between the Town of Clinton and
Waldo County.
At the boundary between None +132 the Town of Clinton
and Waldo County.
Threecornered Pond.................. Entire shoreline north None +196 Town of Windsor. of Weeks Mills Road. Threemile Pond...................... Entire shoreline north None +185 Town of Windsor. of Weeks Mills Road. * National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
[caret] 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Town of Fayette
Maps are available for inspection at the Town Hall, 2589 Main Street, Fayette, ME 04349. Town of Oakland
Maps are available for inspection at the Town Hall, 6 Cascade Mill Road, Oakland, ME 04963. Town of Rome
Maps are available for inspection at the Town Hall, 8 Mercer Road, Rome, ME 04963. [[Page 31345]]
Town of Vassalboro
Maps are available for inspection at the Town Hall, 682 Main Street, Vassalboro, ME 04989. Town of Windsor
Maps are available for inspection at the Town Hall, 523 Ridge Road, Windsor, ME 04363. Town of Winthrop
Maps are available for inspection at the Town Office, 17 Highland Avenue, Winthrop, ME 04364. Township of Unity
Maps are available for inspection at the Kennebec County Office, 125 State Street, Augusta, ME 04330. Perry County, Missouri, and Incorporated Areas Apple Creek......................... At a dam/unnamed road +400 +399 Unincorporated Areas of crossing approximately Perry County. 300 feet downstream of U.S. Route 61.
Approximately 250 feet +402 +403 upstream of U.S. Route 61.
Apple Creek (Backwater effects from From the confluence None +368 Unincorporated Areas of Mississippi River). with the Mississippi Perry County. River to approximately 3.6 miles upstream of the confluence with
the Mississippi River. Apple Creek Tributary 3 (Backwater From the confluence None +368 Unincorporated Areas of effects from Mississippi River). with Apple Creek Perry County. upstream to County
Road 456.
Blue Spring Branch (Backwater From the confluence None +390 Town of Lithium, effects from Mississippi River). with the Mississippi Unincorporated Areas River to approximately of Perry County. 1.1 mile upstream of Christian Street.
Blue Spring Branch Tributary 1 From the confluence None +390 Unincorporated Areas of (Backwater effects from Mississippi with Blue Spring Perry County. River). Branch to
approximately 0.5 mile upstream of County
Road 926.
Blue Spring Branch Tributary 3 From the confluence None +390 Unincorporated Areas of (Backwater effects from Mississippi with Blue Spring Perry County. River). Branch to
approximately 0.4 mile upstream of County
Road 916.
Brazeau Creek (Backwater effects From the confluence None +372 Unincorporated Areas of from Mississippi River). with the Mississippi Perry County. River to approximately 1.0 mile upstream of County Road 446.
Brazeau Creek Tributary 3 (Backwater From the confluence None +372 Unincorporated Areas of effects from Mississippi River). with Brazeau Creek to Perry County. approximately 0.5 mile upstream of County
Road 438.
Brazeau Creek Tributary 5 (Backwater From the confluence None +372 Unincorporated Areas of effects from Mississippi River). with Brazeau Creek to Perry County. approximately 250 feet upstream of Missouri Route A.
Christenson Branch Creek (Backwater From the confluence None +385 Unincorporated Areas of effects from Mississippi River). with the Mississippi Perry County. River to approximately 350 feet upstream of the confluence with
McClanahan Creek.
Cinque Hommes Creek (Backwater From the confluence None +384 Unincorporated Areas of effects from Mississippi River). with the Mississippi Perry County. River to approximately 3 miles upstream of
County Road 322.
Clines Branch (Backwater effects From the confluence None +378 Unincorporated Areas of from Mississippi River). with the Mississippi Perry County. River to approximately 1,400 feet downstream of the intersection of Missouri Route D and County Road 438.
Doodlebug Branch (Backwater effects From the confluence None +382 Unincorporated Areas of from Mississippi River). with Cinque Hommes Perry County. Creek to approximately 4,000 feet upstream. Dry Fork (Backwater effects from From the confluence None +384 Unincorporated Areas of Mississippi River). with Cinque Hommes Perry County. Creek to approximately 1.4 mile upstream.
Dry Fork Tributary 1 (Backwater From the confluence None +384 Unincorporated Areas of effects from Mississippi River). with Dry Fork to Perry County. approximately 0.6 mile upstream.
Falls Branch (Backwater effects from From the confluence None +390 Unincorporated Areas of Mississippi River). with Blue Spring Perry County. Branch to
approximately 0.8 mile upstream of Missouri Route M.
McClanahan Creek (Backwater effects From the confluence None +385 Unincorporated Areas of from Mississippi River). with Christenson Perry County. Branch Creek to
approximately 0.9 mile upstream of the
confluence with
Christenson Branch
Creek.
Mississippi River................... At the Cape Girardeau +370 +368 Town of Lithium, County boundary. Unincorporated Areas of Perry County. At the Ste. Genevieve +393 +391 County boundary.
[[Page 31346]]
Mississippi River Tributary 21 From the confluence None +376 Unincorporated Areas of (Backwater effects from Mississippi with the Mississippi Perry County. River). River to approximately 0.45 mile upstream of the confluence with
the Mississippi River. Mississippi River Tributary 25 From the confluence None +378 Unincorporated Areas of (Backwater effects from Mississippi with the Mississippi Perry County. River). River to approximately 0.8 mile upstream of the confluence with
the Mississippi River. Omete Creek (Backwater effects from From the confluence None +380 Unincorporated Areas of Mississippi River). with Cinque Hommes Perry County. Creek to approximately 1.0 mile upstream of County Road 340.
Omete Creek Tributary 2 (Backwater From the confluence None +380 Unincorporated Areas of effects from Mississippi River). with Omete Creek to Perry County. approximately 0.73
mile upstream of Omete Creek.
Owl Creek (Backwater effects from From the confluence None +373 Unincorporated Areas of Mississippi River). with the Mississippi Perry County. River to approximately 2.2 miles upstream of the confluence with
the Mississippi River. Patton Creek (Backwater effects from From the confluence None +369 Unincorporated Areas of Mississippi River). with the Mississippi Perry County. River to approximately 0.76 mile upstream of the confluence with
the Mississippi River. Patton Creek Tributary 1 (Backwater From the confluence None +370 Unincorporated Areas of effects from Mississippi River). with the Mississippi Perry County. River to approximately 1.2 mile upstream of the confluence with
the Mississippi River. Saint Laurent Creek (Backwater From the county None +391 Unincorporated Areas of effects from Mississippi River). boundary to Perry County. approximately 1.2 mile upstream to Missouri Route H.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
[caret] 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Town of Lithium
Maps are available for inspection at 321 North Main Street, Suite 5, Perryville, MO 63775. Unincorporated Areas of Perry County Maps are available for inspection at 321 North Main Street, Suite 5, Perryville, MO 63775. Miami County, Ohio, and Incorporated Areas Great Miami River................... Approximately 1.0 mile None +854 City of Piqua. upstream of Peterson Road.
Approximately 1.1 mile None +866 upstream of County
Highway 25A.
Great Miami River................... At the Montgomery None +791 City of Tipp City, County boundary. Unincorporated Areas of Miami County. At State Highway 571... None +791 Hatfield Ditch...................... Approximately 750 feet None +914 Unincorporated Areas of upstream of Main Miami County. Street.
Approximately 2,000 None +931 feet upstream of Main Street.
Staunton Tributary.................. Approximately 1,865 None +825 City of Troy, feet downstream of Old Unincorporated Areas Staunton Road. of Miami County. Approximately 350 feet None +830 downstream of
Stonyridge Avenue.
Stillwater River.................... At the Montgomery None +832 City of Union, County boundary. Unincorporated Areas of Miami County, Village of West Milton. Approximately 0.8 mile None +832 downstream of State
Highway 55.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
[[Page 31347]]
Depth in feet above ground.
[caret] 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Piqua
Maps are available for inspection at 201 West Water Street, Piqua, OH 45356. City of Tipp City
Maps are available for inspection at 260 South Garber Drive, Tipp City, OH 45371. City of Troy
Maps are available for inspection at City Hall, 100 South Market Street, Troy, OH 45373. City of Union
Maps are available for inspection at 118 North Main Street, Union, OH 45322. Unincorporated Areas of Miami County Maps are available for inspection at 201 West Main Street, Troy, OH 45373. Village of West Milton
Maps are available for inspection at 701 South Miami Street, West Milton, OH 45383. (Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'')

Dated: May 14, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 201013264 Filed 6210; 8:45 am]
BILLING CODE 911012P

FOR FURTHER INFORMATION CONTACT

Kevin C. Long, Acting Chief, [[Page 31343]]
Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 6462820, or (email) kevin.long@dhs.gov.