[Federal Register Volume 75, Number 142 (Monday, July 26, 2010)] [Proposed Rules] [Pages 43479-43484] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2010-18196] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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) [email protected]. 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) [email protected]. 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