Rules and Regulations. Proposed rule

Agency: Federal Emergency Management Agency (FEMA)
Action: Proposed rule
Citation: FR Doc. 03-1086 · Docket No. FEMA—B-7433 · 44 CFR 67

Summary

Technical information or comments are requested on the proposed Base (1% annual chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed below. The BFEs and modified BFEs 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 90 days following the second publication of this proposed rule in a newspaper of local circulation in each community.

Supplementary Information

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 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 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 BFEs 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. No regulatory flexibility analysis has 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 Modified California Lake Elsinore (City), Riverside County Lake Elsinore At Lake Elsinore *1,267 *1,263 San Jacinto River Approximately 1,400 feet downstream of Lakeshore Drive *1,275 *1,274 Just above U.S. Route 15 *1,275 *1,274 Approximately 1.6 miles upstream of Summerhill Drive *1,309 *1,309 Tenescal Wash Just downstream of Riverside Drive *1,258 *1,258 At Tenth Street *1,258 *1,259 Just downstream of Chaney Street *1,265 *1,262 Depth in feet above ground Maps are available for inspection at City Hall, City Engineers Office, c/o Mr. Richard A. Hess, 130 South Main Street, Lake Elsinore, California 92530. Send comments to The Honorable Genie Kelly, Mayor, City of Lake Elsionore, 130 South Main Street, Lake Elsionore, California 92530. California Riverside County Lakeland Village Channel Approximately 460 feet downstream of Grand Avenue *1,267 *1,265 Just upstream of Ralley Avenue *1,293 *1,293 At Nelson Avenue *1,351 *1,351 Lake Elsinore At Lake Elsinore *1,267 *1,263 Depth in feet above ground Maps are available for inspection at Riverside County Flood Control and Water Conservation District, 1995 Market Street, Riverside, California 92501. Send comments to The Honorable Jim Venable, Chairman, Riverside County Board of Supervisors, 4080 Lemon Street, 14th Floor, Riverside, California 92501. Oregon Portland (City), Multnomah County Crystal Springs Creek Just downstream of SE Sherret Street at confluence with Johnson Creek *51 *48 Approximately 1,150 feet upstream of 28th Avenue None *77 Johnson Creek Just upstream of SE Ochoco Street *45 *44 Just downstream of Circle Avenue *254 *252 Depth in feet above ground Maps are available for inspection at the Planning and Development Review, 1900 SW Fourth Avenue, Room 50, Portland, Oregon 97204. Send comments to The Honorable Vera Katz, Mayor, City or Portland, 1221 SW Fourth Avenue, Room 340, Portland, Oregon 97204. Wyoming Lincoln County Salt River Approximately 2,500 feet downstream of McCox Road None *5,623 Just upstream of Secondary Highway 239 None *5,775 Approximately 9,000 feet upstream of U.S. Highway 89 None 5,987 Depth in feet above ground Maps are available for inspection at the Emergency Management Office, 520 Topaz Street, Kemmerer, Wyoming 83101. Send comments to The Honorable Kathleen Davison, Chairperson, Lincoln County, Board of Commissioners, County Courthouse, 925 Sage Avenue, Kemmerer, Wyoming 83101. (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”) Dated: January 7, 2003. Anthony S. Lowe, Administrator, Federal Insurance and Mitigation Administration. [FR Doc. 03-1086 Filed 1-16-03; 8:45 am]