Rules and Regulations. Proposed rule

1,058 words·~5 min read·/register/2002/02/05/02-2663

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BILLING CODE 6718-04-P FEDERAL EMERGENCY MANAGEMENT AGENCY 44 CFR Part 67 [Docket No. FEMA-D-7520] Proposed Flood Elevation Determinations 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 Executive Associate Director, Mitigation Directorate, 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 [Amended] 2. The tables published under the authority of § 67.4 are proposed to be amended as follows: Source of flooding Location #Depth in feet above ground. *Elevation in feet

(NGVD)Existing Modified Communities affected ILLINOIS (City of Columbia and Monroe County) Carr Creek Approximately 275 feet upstream of of Bluff Road *421 *422 City of Columbia, Unincorporated Areas of Monroe County Approximately 600 feet upstream of Gall Road None *449 Carr Creek Tributary At the confluence with Carr Creek None *446 City of Columbia, Unincorporated Areas of Monroe County Approximately 1,620 feet upstream of confluence with Carr Creek None *448 Palmer Creek Approximately 0.66 mile downstream of Union Pacific Railroad None *402 City of Columbia, Unincorporated Areas of Monroe County At Rueck Road *455 *454 Palmer Creek Tributary At the confluence with Palmer Creek *435 *431 City of Columbia, Unincorporated Areas of Monroe County Approximately 760 feet upstream of abandoned railroad *474 *473 Rueck Creek At the confluence with Palmer Creek None *432 City of Columbia, Unincorporated Areas of Monroe County Approximately 0.83 mile upstream of confluence with Palmer Creek None *452 Wilson Creek At the confluence with Carr Creek None *429 City of Columbia Approximately 500 feet upstream of South Main Street None *482 Monroe County (Unincorporated Areas) Maps available for inspection at the Monroe County Zoning Office, Monroe County Courthouse, 100 South Main Street, Waterloo, Illinois. Send comments to Mr. Robert Rippelmeyer, Chairman of the Monroe County Board of Commissioners, Monroe County Courthouse, 100 South Main Street, Waterloo, Illinois 62298. City of Columbia Maps available for inspection at the Columbia City Hall, 208 South Rapp Avenue, Columbia, Illinois. Send comments to The Honorable Lester Schneider, Mayor of the City of Columbia, 208 South Rapp Avenue, Columbia, Illinois 62236. VIRGINIA Southampton County and Town of Courtland Blackwater River At the confluence with Chowan River *11 *14 Southampton County Approximately 6,700 feet upstream of State Route 620 (Broadwater Road) None *36 (Unincorporated Areas) Nottoway River At the confluence with Chowan River *11 *14 Southampton County Approximately 2,400 feet upstream of Norfolk Franklin & Danville Railroad *26 *27 (Unincorporated Areas); Courtland

(Town)Southampton County (Unincorporated Areas) Maps available for inspection at the Southampton County Administrator's Office, 26022 Administration Center Driver, Courtland, Virginia. Send comments to Mr. Michael W. Johnson, Southampton County Administrator, 26022 Administration Center Drive, Courtland, Virginia 23837. Town of Courtland Maps available for inspection at the Courtland Town Office, 22219 Meherrin Road, Courtland, Virginia. Send comments to The Honorable Lewis H. Davis, Sr., Mayor of the Town of Courtland, P.O. Box 39, Courtland, Virginia 23837. (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”) Dated: January 29, 2002. Robert F. Shea, Acting Administrator, Federal Insurance and Mitigation Administration. [FR Doc. 02-2663 Filed 2-4-02; 8:45 am]

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U.S. Code