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 Federal Emergency Management Agency 44 CFR Part 67
[Docket No. FEMA-D-7516]
 AGENCY: Federal Emergency Management Agency, FEMA.
 ACTION: Proposed rule.
 SUMMARY: Technical information or comments are requested on the proposed base (1% annual chance) flood elevations and proposed base flood elevation modifications for the communities listed below. The base flood elevations are the basis for the floodplain management measures that the community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).
 DATES: The comment period is ninety (90) days following the second publication of this proposed rule in a newspaper of local circulation in each community.
 ADDRESSES: The proposed base flood elevations for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the following table.
 FOR FURTHER INFORMATION CONTACT: Matthew B. Miller, P.E., Chief, Hazards Study Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-3461, or (email) 
                        *matt.miller@fema.gov*.


SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency (FEMA or Agency) proposes to make determinations of base flood elevations and modified base flood elevations for each community listed below, in accordance with Section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR 67.4(a). These proposed base flood and modified base flood elevations, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own, or pursuant to policies established by other Federal, state or regional entities. These proposed elevations are used to meet the floodplain management requirements of the NFIP and are also used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in these buildings. *National Environmental Policy Act.*
                     This proposed rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. No environmental impact assessment has been prepared. *Regulatory Flexibility Act.*
                     The Acting Administrator, Federal Insurance and Mitigation Administration, certifies that this proposed rule is exempt from the requirements of the Regulatory Flexibility Act because proposed or modified base flood elevations are required by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and are required to establish and maintain community eligibility in the NFIP. As a result, a regulatory flexibility analysis has not been prepared. *Regulatory Classification.*
                     This proposed rule is not a significant regulatory action under the criteria of Section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. *Executive Order 12612, Federalism.*
                     This proposed rule involves no policies that have federalism implications under Executive Order 12612, Federalism, dated October 26, 1987. *Executive Order 12778, Civil Justice Reform.*
                     This proposed rule meets the applicable standards of Section 2(b)(2) of Executive Order 12778. List of Subjects in 44 CFR Part 67 Administrative practice and procedure, flood insurance, reporting and recordkeeping requirements
 Accordingly, 44 CFR Part 67 is proposed to be amended as follows: PART 67—[AMENDED] 1. The authority citation for Part 67 continues to read as follows: Authority:
                        42 U.S.C. 4001 
                            *et seq.*; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. § 67.4
  2. The tables published under the authority of § 67.4 are proposed to be amended as follows: State
City/town/county
Source of flooding
Location
#Depth in feet above ground. *Elevation in feet 
                                     (NGVD)Existing
ModifiedFlorida
Franklin County (Unincorporated Areas)
Apalachicola Bay
Approximately 2.6 miles southeast of West Pass
*7
*8Approximately 4.1 miles southwest of Government Cut in St. George Island
*7
*10St. George Sound
Just east of St. George Island Bridge
*9
*10Shoreline of St. George Island at (and include) Marsh Island
*15
*12Gulf of Mexico
Approximately 2.6 miles southeast of West Pass
*7
*8Approximately 1.5 miles southeast of the confluence of Big Claires Creek with Ochlockonee Bay
*21
*23Alligator Harbor
Approximately 1,000 feet north of the intersection of State Route 370 and West Harbor Road
*15
*16( print page 65672)Approximately 900 feet east of Peninsula Point
*18
*17Maps available for inspection at the Planning and Engineering Department, 33 Commerce Street, Apalachicola, Florida.Send comments to Mr. Tim Turner, Director of the Franklin County Emergency Management Agency, 33 Commerce Street, Apalachicola, Florida 32320.Florida
Minneola (City), Lake County
Plum Lake
Entire shoreline within county
*84
*87Ponding Area 535-1

None
*100Ponding Area 535-2

None
*99Little Grassy Lake
Approximately 0.55 mile northeast of the intersection of Perl Street and Galena Avenue
None
*90Grassy Lake
Entire shoreline within county
None
*85Maps available for inspection at the Minneola City Hall, 302 West Pearl Street, Minneola, Florida.Send comments to The Honorable Glenn A. Irby, Mayor of the City of Minneola, P.O. Box 678, Minneola, Florida 34755.Illinois
Elburn (Village), Kane County
Blackberry Creek
At the confluence of Blackberry Creek Tributary D
None
*741Approximately 1,050 feet upstream of Hughes Road
None
*747Blackberry Creek Tributary D
Approximately 600 feet upstream of confluence with Blackberry Creek
None
*742Approximately 2,550 feet downstream of Keslinger Road
None
*799Maps available for inspection at the Elburn Village Hall, 301 East North Street, Elburn, Illinois.Send comments to Mr. James Willey, President of the Village of Elburn Board of Trustees, 301 East North Street, Elburn, Illinois 60119.Illinois
Elgin (City), Kane County
Sandy Creek
At Randall Road
*821
*826Approximately 325 feet upstream of Randall Road
None
*826Tyler Creek
Approximately 500 feet upstream of confluence with Fox River
*716
*715Approximately 120 feet downstream of Soo Line Railroad
None
*839Maps available for inspection at City of Elgin Public Works Department, Engineering Division, 150 Dexter Court, Elgin, Illinois.Send comments to Ms. Joyce Parker, Elgin City Manager, 150 Dexter Court, Elgin, Illinois 60120.Illinois
Gilberts (Village), Kane County
Tyler Creek
Just upstream of Big Timber Road
None
*867Approximately 200 feet downstream of McCornack Road
None
*886Maps available for inspection at the Gilberts Village Hall, 86 Railroad Street, Gilberts, Illinois.Send comments to Mr. Mike Isitoro, Gilberts Village President, 86 Railroad Street, Gilberts, Illinois 60136.Illinois
Kane County (Unincorporated Areas)
Blackberry Creek Tributary F
Approximately 0.6 mile upstream of confluence with Blackberry Creek Tributary B
*704
*703Approximately 250 feet downstream of Bliss Road
*728
*727Main Street Ditch
At confluence with Blackberry Creek Tributary F
None
*707Approximately 130 feet upstream of Main Street
None
*709Tyler Creek
Approximately 375 feet downstream of Eagle Road East
*791
*793Approximately 200 feet upstream of Illinois Route 72
None
*898Pingree Creek
At confluence with Tyler Creek
None
*893Approximately 325 feet upstream of U.S. Route 20
None
*906Mastadon Lake
Approximately 300 feet southeast of the intersection of Parker Avenue and Hinman Street
None
*662Sandy Creek
Approximately 130 feet downstream of Randall Road
*820
*821Just downstream of U.S. Route 20
None
*889( print page 65673)Indian Creek
Approximately 0.41 mile upstream of Wood Street
None
*676At downstream side of East-West Tollway
None
*717Indian Creek Tributary B
Approximately 0.61 mile upstream of confluence with Indian Creek
None
*716Approximately 0.86 mile upstream of confluence with Indian Creek
None
*716South Tributary
At confluence with Indian Creek
None
*684Approximately 680 feet upstream of confluence with Indian Creek
None
*688Welch Creek
Approximately 1,110 feet downstream of Fay's Lane
None
*680Just upstream of Burlington Northern Railroad
None
*692Welch Creek Tributary 1
Just upstream of Aurora Municipal Airport
None
*693Approximately 2,600 feet upstream of Aurora Municipal Airport
None
*694Blackberry Creek Tributary H
Approximately 750 feet southwest of Lake View Court and Lake View Drive intersection
None
*670Selmarten Creek
At confluence with Indian Creek
*715
*716At county boundary
*718
*720Maps available for inspection at the Kane County Water Resources Department, Kane County Government Center Building “A,” 719 Batavia Avenue, Geneva, Illinois.Send comments to Mr. Michael W. McCoy, Chairman of the Kane County Board of Commissioners, 719 Batavia Avenue, Geneva, Illinois 60134.Illinois
Lily Lake (Village), Kane County
Ferson Creek
Approximately 100 feet downstream of Great Western Trail Railroad
None
*862Just downstream of Route 64
None
*872Maps available for inspection at the Lily Lake Village Hall, 43W680 Empire Road, St. Charles, Illinois.Send comments to Mr. Glenn Bork, Lily Lake Village President, 44W508 I.C. Trail, Lily Lake, Illinois 60151.Illinois
Montgomery (Village), Kane County
Blackberry Creek Tributary G
Approximately 2,050 feet downstream of Aucutt Road
None
*661Approximately 550 feet downstream of Jericho Road
None
*666Blackberry Creek
Approximately 0.4 mile downstream of Jericho Road
None
*664At Jericho Road
None
*666Maps available for inspection at the Montgomery Village Clerk's Office, 1300 South Broadway, Montgomery, Illinois.Send comments to Ms. Marilyn Michelini, Montgomery Village President, 1300 South Broadway, Montgomery, Illinois 60538.Illinois
Pingree Grove (Village), Kane County
Pingree Creek
Approximately 1,000 feet upstream of Highland Avenue
None
*901Approximately 800 feet upstream of Soo Line Railroad
None
*902Maps available for inspection at the Pingree Grove Village Hall, 14N042 Reinking Road, Hampshire, Illinois.Send comments to Mr. Vern Wester, President of the Village of Pingree Grove Board, 14N042 Reinking Road, Hampshire, Illinois 60140.Illinois
Sugar Grove (Village), Kane County
Blackberry Creek
Approximately 1,050 feet upstream of Densmore Road
None
*678Approximately 1,800 feet upstream of Bliss Road
None
*690Blackberry Creek Tributary E
At confluence with Blackberry Creek
None
*680At Mankes Road
None
*680Maps available for inspection at the Sugar Grove Village Office, 10 Municipal Drive, Sugar Grove, Illinois.Send comments to Mr. P. Sean Michels, Sugar Grove Village President, 10 Municipal Drive, Sugar Grove, Illinois 60554.Massachusetts
Malden (City), Middlesex County
Town Line Brook
Approximately 1,000 feet downstream of corporate limits
None
*9Approximately 500 feet upstream of Lynn Street
*8
*9( print page 65674)Linden Brook
Approximately 250 feet downstream of corporate limits
None
*9On downstream side of Beach Street
None
*9Maps available for inspection at the Malden Engineering Office, Malden City Hall, 200 Pleasant Street, Malden, Massachusetts.Send comments to The Honorable Richard C. Howard, Mayor of the City of Malden, Malden City Hall, 200 Pleasant Street, Malden, Massachusetts 02148.Massachusetts
Revere (City), Suffolk County
Town Line Brook
Approximately 100 feet east of intersection of Washington Avenue and Squire Road
None
*9Linden Brook
Approximately 180 feet south of the intersection of Lynn Street and Adamski Memorial Highway
None
*9Maps available for inspection at the Revere Planning Office, 281 Broadway, Revere, Massachusetts.Send comments to The Honorable Thomas Ambrosino, Mayor of the City of Revere, City Hall, 281 Broadway, Revere, Massachusetts 02151.New Hampshire
Errol (Town), Coos County
Akers Pond
Entire shoreline within community
None
*1,231Maps available for inspection at the Errol Town Office Building, 33 Main Street, Errol, New Hampshire.Send comments to Mr. Larry S. Enman, Chairman of the Town of Errol Board of Selectmen, P.O. Box 100, Errol, New Hampshire 03579.New Hampshire
Nashua (City), Hillsborough County
Nashua River
At the downstream side of B&M Railroad bridge
*115
*114Approximately 0.75 mile upstream of State Route 111
*177
*176Bartemus Brook
At confluence with Nashua River
*167
*165At upstream corporate limits
*168
*166Lyle Reed Brook
At confluence with Nashua River
*169
*167Approximately 0.75 mile upstream of State Route 11
*169
*167Maps available for inspection at the Nashua City Hall, 229 Main Street, Nashua, New Hampshire.Send comments to The Honorable Bernard A. Streeter, Mayor of the City of Nashua, City Hall, 229 Main Street, Nashua, New Hampshire 03061-2019.New York
Corning (City), Steuben County
Post Creek
Approximately 0.52 mile upstream of the confluence with Chemung River
*923
*924Approximately 1.55 miles upstream of the confluence with Chemung River
None
*958Maps available for inspection at Corning Code Enforcement Office, 7 Nasser Civic Center, Corning, New York.Send comments to The Honorable Alan Lewis, Sr., Mayor of the City of Corning, 7 Nasser Civic Center, Corning, New York 14830.New York
Hamilton (Village), Madison County
Canal Tributary
At confluence with Payne Brook Tributary
None
*1,110At the upstream corporate limits
None
*1,116Payne Brook
Approximately 1,360 feet downstream of College Street
None
*1,101At upstream corporate limits
None
*1,125Payne Brook Tributary
At the confluence with Payne Brook
None
*1,104Approximately 80 feet upstream of Eaton Street
None
*1,119Maps available for inspection at the Hamilton Village Hall, 3 Broad Street, Hamilton, New York.Send comments to The Honorable Charlie Getchonis, Mayor of the Village of Hamilton, 3 Broad Street, Hamilton, New York 13346-0119.New York
Lisle (Town), Broome County
Dudley Creek
Approximately 650 feet downstream of Owen Hill Road
None
*1,044At Popple Hill Road
None
*1,097Culver Creek
At the confluence with Dudley Creek
None
*1,075At Hunts Corners Road
None
*1,106Tioughnioga River
Approximately 3.12 miles downstream of Main Street
None
*979A point approximately 1.19 miles upstream of Main Street
None
*1,003Maps available for inspection at the Lisle Town Office, 9234 NYS Route 79, Lisle, New York.Send comments to Mr. James C. Dunham, Lisle Town Supervisor, P.O. Box 98, Lisle, New York 13797.New York
Lockport (Town), Niagara County
Eighteen Mile Creek
At downstream corporate limits
None
*356( print page 65675)Approximately 130 feet upstream of Stone Road
None
365East Tributary to Eighteen Mile Creek
At downstream corporate limits
None
*360Approximately 1 mile upstream of State Route 104
None
*363West Tributary to Eighteen Mile Creek
At confluence with Eighteen Mile Creek
None
*359At Lockport town line
None
*384East Branch to Eighteen Mile Creek
At downstream corporate limits
None
*357Approximately 1,500 feet upstream of upstream corporate limits
None
*375Gulf Branch
At Niagara Street
None
*472Just downstream of Upper Mountain Road
None
*584Gulf Tributary
At confluence with Gulf Branch
None
*497Approximately 2,250 feet upstream of confluence with Gulf Branch
None
*514Tonawanda Creek
Approximately 1 mile upstream of Rapids Road
*590
*591At upstream corporate limits
*590
*591Donner Creek
At the downstream corporate limits
*605
*606Approximately 1,660 feet upsteam of Hamm Road
*617
*618Maps available for inspection at the Lockport Town Hall, 6560 Dysing Road, Lockport, New York.Send comments to Mr. John Austin, Lockport Town Supervisor, Town Hall, 6560 Dysinger Road, Lockport, New York 14094.Ohio
Portsmouth (City), Scioto County
Scioto River
From approximately 0.80 mile upstream of U.S. Route 52
*536
*535Ohio River
At the downstream corporate limit
*537
*538Approximately 1.0 mile downstream of CSX Transportation
*537
*538Maps available for inspection at the Portsmouth Municipal Building, 728 2nd Street, Portsmouth, Ohio.Send comments to The Honorable Gregory A. Bauer, Mayor of the City of Portsmouth, 728 2nd Street, Portsmouth, Ohio 45662.Ohio
Rarden (Village), Scioto County
Rarden Creek
At Norfolk Southern Railway
None
*615At the upstream corporate limits
None
*615Maps available for inspection at the Rarden City Hall, 1400 Main Street, Rarden, Ohio.Send comments to The Honorable Anna J. Gardner, Mayor of the Village of Rarden, P.O. Box 8, Rarden, Ohio 45671.Ohio
Scioto County (Unicorporated Areas)
Ohio River
Approximately 1,270 feet downstream of the confluence of Spencer Creek
*530
*531Approximately 4.2 miles downstream of CSX Transportation
*536
*537Maps available for inspection at the Scioto County Courthouse, 602 7th Street, Room 1, Portsmouth, Ohio.Send comments to Mr. Vern Riffe III, Chairman of the Scioto County Board of Commissioners, 602 7th Street, Room 1, Portsmouth, Ohio 45662.Vermont
Hardwick (Town/Village), Caledonia County
Lamoille River Divergence
Approximately 460 feet upstream of the confluence with Lamoille River
*793
*794At the divergence from Lamoille River
*805
*804Maps available for inspection at the Hardwick Town Hall, 20 Church Street, Hardwick, Vermont.Send comments to Mr. Daniel P. Hill, Hardwick Town/Village Manager, P.O. Box 523, 20 Church Street, Hardwick, Vermont 05843.Wisconsin
Bay City (Village), Pierce County
Mississippi River (Lake Pepin)
Entire shoreline within community
*681
*682Bay City Creek
Approximately 520 feet downstream of CSX Transportation
*682
*683Approximately 900 feet upstream of Great River Road
*691
*690( print page 65676)Maps available for inspection at Bay City Village Hall, W6371 Main Street, Bay City, Wisconsin.Send comments to Mr. James Turvaville, Bay City Village President, P.O. Box 9, Bay City, Wisconsin 54723.Wisconsin
Chippewa Falls (City), Chippawa County
Duncan Creek
Upstream side of Bridge Street
*828
*827Approximately 0.72 mile upstream of Glen Loch Dam
*899
*898Maps available for inspection at the Chippewa Falls City Hall, 30 West Central Street, Chippewa Falls, Wisconsin.Send comments to The Honorable Virginia O. Smith, Mayor of the City of Chippewa Falls, 30 West Central Street, Chippewa Falls, Wisconsin 54729.
 (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance”) Dated: December 11, 2001. Robert F. Shea, Acting Administrator, Federal Insurance and Mitigation Administration.


[FR Doc. 01-31371 Filed 12-19-01; 8:45 am] BILLING CODE 6718-04-P