
[Federal Register: June 3, 2010 (Volume 75, Number 106)]
[Proposed Rules]               
[Page 31342-31347]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03jn10-25]                         

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

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

 
Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule.

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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.

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

ADDRESSES: The corresponding preliminary Flood Insurance Rate Map 
(FIRM) for the proposed BFEs for each community is available for 
inspection at the community's map repository. The respective addresses 
are listed in the table below.
    You may submit comments, identified by Docket No. FEMA-B-1120, to 
Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation 
Directorate, Federal Emergency Management Agency, 500 C Street SW., 
Washington, DC 20472, (202) 646-2820, or (e-mail) kevin.long@dhs.gov.

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) 646-2820, or (e-mail) kevin.long@dhs.gov.

SUPPLEMENTARY 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 (IL-8).
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.

[[Page 31344]]


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 I-95.
                                      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. 2010-13264 Filed 6-2-10; 8:45 am]
BILLING CODE 9110-12-P

