
[Federal Register: July 26, 2010 (Volume 75, Number 142)]
[Proposed Rules]               
[Page 43479-43484]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26jy10-19]                         

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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-1139]

 
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 October 25, 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-1139, to 
Kevin C. Long, Acting Chief, Engineering Management Branch, Federal 
Insurance and Mitigation Administration, 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, 
Engineering Management Branch, Federal Insurance and Mitigation 
Administration, 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) 
                                       Location of referenced     Depth in feet above
         Flooding source(s)                  elevation         ground [caret] Elevation    Communities affected
                                                                    in meters (MSL)
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                               New London County, Connecticut (All Jurisdictions)
----------------------------------------------------------------------------------------------------------------
Eightmile River.....................  Approximately 100 feet          None          +56  Town of Lyme.
                                       upstream of Hamburg
                                       Road.
                                      Approximately 700 feet          None          +57
                                       upstream of Hamburg
                                       Road.
Four Mile River.....................  Just upstream of                  +9          +10  Town of Old Lyme.
                                       railroad.
                                      Approximately 1,200               +9          +10
                                       feet downstream of the
                                       breached dam.

[[Page 43480]]


Little River........................  At the confluence with          None          +64  Town of Lisbon.
                                       the Shetucket River.
                                      Approximately 2,400             None          +83
                                       feet upstream of
                                       Inland Road.
Long Island Sound...................  Approximately 1,200              +10          +12  Groton Long Point
                                       feet west of the                                   Association.
                                       intersection of
                                       Atlantic Avenue and
                                       Bridge Street.
Susquetonscut Brook.................  At the confluence with          None         +119  City of Norwich, Town
                                       the Yantic River.                                  of Bozrah.
                                      Approximately 800 feet          None         +119
                                       downstream of Lebanon
                                       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, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES
City of Norwich
Maps are available for inspection at City Hall, 100 Broadway, Norwich, CT 06360.
Groton Long Point Association
Maps are available for inspection at the Town Hall, 44 Beach Road, Groton Long Point, CT 06340.
Town of Bozrah
Maps are available for inspection at the Town Hall, 1 River Road, Bozrah, CT 06334.
Town of Lisbon
Maps are available for inspection at the Town Hall, 1 Newent Road, Lisbon, CT 06351.
Town of Lyme
Maps are available for inspection at the Lyme Town Hall, 480 Hamburg Road, Old Lyme, CT 06371.
Town of Old Lyme
Maps are available for inspection at the Old Lyme Town Hall, 52 Lyme Street, Old Lyme, CT 06371.
----------------------------------------------------------------------------------------------------------------
                              Barnstable County, Massachusetts (All Jurisdictions)
----------------------------------------------------------------------------------------------------------------
Pleasant Bay........................  From State Route 28 to          None          +11  Town of Brewster.
                                       approximately 700 feet
                                       east of State Route 28
                                       and from 350 feet
                                       north of Evelyns Drive
                                       to approximately 750
                                       feet north of Evelyns
                                       Drive.
----------------------------------------------------------------------------------------------------------------
* 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, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES
Town of Brewster
Maps are available for inspection at the Town Hall, 2198 Main Street, Brewster, MA 02631.
----------------------------------------------------------------------------------------------------------------
                                 Essex County, Massachusetts (All Jurisdictions)
----------------------------------------------------------------------------------------------------------------
Argilla Brook (Backwater effects      At the confluence with           +19          +21  Town of Groveland.
 from Merrimack River).                Johnson Creek.
                                      Approximately 530 feet           +20          +21
                                       upstream of Main
                                       Street.
Backwater Effects from Harris Brook.  From I-93 to 300 feet           None         +111  City of Methuen.
                                       west of I-93, and from
                                       Hampshire Road to 300
                                       feet north of
                                       Hampshire Road at the
                                       corporate limits.
Bartlett Brook......................  At the confluence with           +52          +53  City of Methuen.
                                       the Merrimack River.
                                      Approximately 700 feet           +52          +53
                                       upstream of State
                                       Route 113.
Boston Brook........................  Approximately 2,000             None          +82  Town of Middleton.
                                       feet downstream of
                                       Sharpners Pond Road.
                                      Approximately 180 feet          None          +84
                                       downstream of
                                       Sharpners Pond Road.

[[Page 43481]]


Castle Neck River (Backwater effects  Approximately 1.6 mile          None           +9  Town of Ipswich.
 from Atlantic Ocean).                 upstream of the
                                       confluence with
                                       Ipswich Bay, at the
                                       confluence with Hog
                                       Island Channel.
Ipswich River.......................  Approximately 800 feet           +40          +41  Town of Middleton.
                                       downstream of I-95.
                                      Approximately 1,250              +40          +41
                                       feet upstream of I-95.
Jackman Brook (Backwater effects      Just upstream of Parish          +17          +18  Town of Georgetown.
 from Parker River).                   Road.
                                      Approximately 50 feet            +17          +18
                                       upstream of Parish
                                       Road.
Johnson Creek (Backwater effects      At the confluence with           +19          +21  Town of Groveland.
 from Merrimack River).                the Merrimack River.
                                      Approximately 900 feet           +20          +21
                                       upstream of Main
                                       Street.
Merrimack River.....................  Approximately 100 feet           +19          +20  Town of Groveland.
                                       upstream of Groveland
                                       Street.
                                      Approximately 0.67 mile          +19          +21
                                       upstream of Groveland
                                       Street.
Merrimack River.....................  Immediately upstream of          +51          +52  City of Methuen.
                                       I-93.
                                      Approximately 1.42 mile          +54          +56
                                       upstream of the
                                       confluence with Fish
                                       Brook.
Nichols Brook (Backwater effects      At the confluence with           +40          +41  Town of Middleton, Town
 from Ipswich River).                  the Ipswich River.                                 of Topsfield.
World End Pond......................  Approximately 2,500              +40          +41
                                       feet upstream of the
                                       confluence with the
                                       Ipswich River.
                                      From approximately              None         +116  City of Methuen.
                                       1,000 feet north of
                                       the intersection of
                                       Hayes Street and Pond
                                       Street to 2,800 feet
                                       north of Hayes Street
                                       and Pond Street, and
                                       from the end of
                                       Argilla Road to 1,300
                                       feet west of Argilla
                                       Road at the corporate
                                       limits.
----------------------------------------------------------------------------------------------------------------
* 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, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES
City of Methuen
Maps are available for inspection at the Searles Building, Room 306, 41 Pleasant Street, Methuen, MA 01844.
Town of Georgetown
Maps are available for inspection at the Town Hall, 1 Library Street, Georgetown, MA 01833.
Town of Groveland
Maps are available for inspection at the Town Hall, 183 Main Street, Groveland, MA 01834.
Town of Ipswich
Maps are available for inspection at the Town Hall, 25 Green Street, Ipswich, MA 01938.
Town of Middleton
Maps are available for inspection at the Town Hall, 48 South Main Street, Middleton, MA 01949.
Town of Topsfield
Maps are available for inspection at the Town Hall, 8 West Common Street, Topsfield, MA 01983.
----------------------------------------------------------------------------------------------------------------
                                Norfolk County, Massachusetts (All Jurisdictions)
----------------------------------------------------------------------------------------------------------------
Beaver Brook........................  Approximately 0.83 mile         None         +161  Town of Weymouth.
                                       downstream of Plymouth
                                       Street.
                                      Approximately 0.6 mile          None         +161
                                       downstream of Plymouth
                                       Street.
Bubbling Brook......................  Approximately 1,000             +145         +144  Town of Walpole.
                                       feet upstream of Brook
                                       Street.
                                      Approximately 800 feet          None         +228
                                       upstream of North
                                       Street.
Backwater from the Farm River.......  From the Farm River to          None         +120  City of Quincy.
                                       approximately 1,600
                                       feet upstream of West
                                       Street and immediately
                                       south of I-93.
Germany Brook.......................  Approximately 1,500             None         +169  Town of Norwood.
                                       feet downstream of
                                       Winter Street.
                                      At Winter Street.......         None         +175
Great Pond Tributary................  Just upstream of                None         +161  Town of Weymouth.
                                       Randolph Street.
                                      Approximately 400 feet          None         +161
                                       upstream of Randolph
                                       Street.

[[Page 43482]]


Lake Mirimichi......................  Entire shoreline.......         None         +161  Town of Foxborough.
Neponset River......................  Approximately 1.07 mile         None          +44  Town of Dedham.
                                       downstream of Milton
                                       Street.
                                      Approximately 0.75 mile         None          +44
                                       downstream of Milton
                                       Street.
Neponset River......................  Approximately 400 feet          None          +48  Town of Sharon.
                                       downstream of I-95.
                                      Just downstream of I-95         None          +48
New Pond (Backwater effects from      Entire shoreline.......         None          +74  Town of Needham.
 Charles River).
Rabbit Hill Pond....................  At the Rabbit Hill Pond         None         +177  Town of Plainville.
                                       Dam.
                                      Approximately 750 feet          None         +178
                                       upstream of the Rabbit
                                       Hill Pond Dam.
School Meadow Brook.................  Approximately 2,000             None         +187  Town of Sharon.
                                       feet downstream of
                                       U.S. Route 1.
                                      Approximately 350 feet          None         +188
                                       upstream of U.S. Route
                                       1.
Stall Brook.........................  Approximately 750 feet          None         +246  Town of Medway.
                                       west of the
                                       intersection of Alder
                                       Street and Trotter
                                       Drive.
                                      Approximately 350 feet          None         +246
                                       east of the
                                       intersection of Route
                                       109 and Green Street.
Walnut Hill Stream..................  Approximately 400 feet            +8          +10  Town of Cohasset.
                                       downstream of South
                                       Main Street.
                                      Approximately 80 feet             +9          +10
                                       downstream of South
                                       Main Street.
----------------------------------------------------------------------------------------------------------------
* 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, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES
City of Quincy
Maps are available for inspection at City Hall, 1305 Hancock Street, Quincy, MA 02169.
Town of Cohasset
Maps are available for inspection at the Town Hall, 41 Highland Avenue, Cohasset, MA 02025.
Town of Dedham
Maps are available for inspection at the Town Administration Building, 26 Bryant Street, Dedham, MA 02026.
Town of Foxborough
Maps are available for inspection at the Town Hall, 40 South Street, Foxborough, MA 02035.
Town of Medway
Maps are available for inspection at the Town Hall, 155 Village Street, Medway, 02053.
Town of Needham
Maps are available for inspection at the Town Hall, 1471 Highland Avenue, Needham, MA 02492.
Town of Norwood
Maps are available for inspection at the Town Hall, 566 Washington Street, 2nd Floor, Norwood, MA 02062.
Town of Plainville
Maps are available for inspection at the Town Hall, 142 South Street, Plainville, MA 02762.
Town of Sharon
Maps are available for inspection at the Town Office Building, 90 South Main Street, Sharon, MA 02067.
Town of Walpole
Maps are available for inspection at the Town Hall, 135 School Street, Walpole, MA 02081.
Town of Weymouth
Maps are available for inspection at the Town Hall, 75 Middle Street, Weymouth, MA 02189.
----------------------------------------------------------------------------------------------------------------
                               Worcester County, Massachusetts (All Jurisdictions)
----------------------------------------------------------------------------------------------------------------
Leesville Pond......................  Entire shoreline.......         None         +486  City of Worcester.
Ramshorn Pond.......................  Entire shoreline.......         None         +632  Town of Sutton.
Singletary Pond.....................  Entire shoreline.......         None         +559  Town of Sutton.
Sudbury River.......................  Approximately 1,200             None         +264  Town of Westborough.
                                       feet downstream of
                                       Fruit Street.
                                      Approximately 3,000             None         +276
                                       feet upstream of Fruit
                                       Street.
Summet Brook (Backwater effects from  Approximately 2,800             None         +363  Town of Shrewsbury.
 Big Bummet Brook).                    feet upstream of the
                                       confluence with Big
                                       Bummet Brook, at the
                                       corporate limits.
                                      Approximately 0.6 mile          None         +363
                                       upstream of the
                                       confluence with Big
                                       Bummet Brook.

[[Page 43483]]


Unnamed Tributary (Backwater effects  Approximately 1,100             None         +331  Town of Millbury.
 from Cronin Brook).                   feet upstream of the
                                       confluence with Cronin
                                       Brook, at the
                                       corporate limits.
                                      Approximately 2,200             None         +331
                                       feet upstream of the
                                       confluence with Cronin
                                       Brook.
----------------------------------------------------------------------------------------------------------------
* 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, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES
City of Worcester
Maps are available for inspection at City Hall, 455 Main Street, Room 305, Worcester, MA 01608.
Town of Millbury
Maps are available for inspection at the Town Hall, 127 Elm Street, Millbury, MA 01527.
Town of Shrewsbury
Maps are available for inspection at 100 Maple Avenue, Shrewsbury, MA 01545.
Town of Sutton
Maps are available for inspection at the Town Hall, 4 Uxbridge Road, Sutton, MA 01590.
Town of Westborough
Maps are available for inspection at the Town Hall, 34 West Main Street, Westborough, MA 01581.
----------------------------------------------------------------------------------------------------------------
                                 Chittenden County, Vermont (All Jurisdictions)
----------------------------------------------------------------------------------------------------------------
Winooski River......................  Approximately 0.7 mile          +103         +102  City of Burlington,
                                       upstream of the                                    City of South
                                       confluence with Lake                               Burlington, City of
                                       Champlain.                                         Winooski, Town of
                                                                                          Colchester.
                                      Approximately 1,200             +117         +116
                                       feet downstream of
                                       Main Street/Colchester
                                       Avenue.
Winooski River......................  Approximately 1,200             +166         +165  City of South
                                       feet downstream of I-                              Burlington, Town of
                                       89.                                                Colchester.
                                      Approximately 1,100             +166         +167
                                       feet upstream of I-89.
----------------------------------------------------------------------------------------------------------------
* 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, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES
City of Burlington
Maps are available for inspection at City Hall, 149 Church Street, Burlington, VT 05401.
City of South Burlington
Maps are available for inspection at the City Hall, 575 Dorset Street, South Burlington, VT 05403.
City of Winooski
Maps are available for inspection at 27 West Allen Street, Winooski, VT 05404.
Town of Colchester
Maps are available for inspection at 781 Blakely Road, Colchester, VT 05446.
----------------------------------------------------------------------------------------------------------------


[[Page 43484]]

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')

    Dated: July 19, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation, 
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2010-18196 Filed 7-23-10; 8:45 am]
BILLING CODE 9110-12-P

