Rules and Regulations. Proposed rule

1,291 words·~6 min read·/register/2004/07/27/04-17033

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BILLING CODE 6560-50-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA-B-7447] Proposed Flood Elevation Determinations AGENCY: Federal Emergency Management Agency (FEMA), Emergency Preparedness and Response Directorate, Department of Homeland Security. ACTION: Proposed rule. 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 ninety

(90)days following the second publication of this proposed rule in a newspaper of local circulation in each community. ADDRESSES: The proposed BFEs 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 table below. FOR FURTHER INFORMATION CONTACT: Doug Bellomo, P.E. Hazard Identification Section, Emergency Preparedness and Response Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,

(202)646-2903. 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 Mitigation Division Director of the Emergency Preparedness and Response Directorate 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 [Amended] 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)+Elevation in feet

(NAVD)Existing Modified California Plumas County Boyle Ravine Confluence with Nugget Creek None +3,409 Approximately 625 feet upstream of Alder Street None +3,545 Chandler Creek Confluence with Greenhorn Creek None +4,434 Approximately 320 feet upstream of Chandler Road None +3,464 Clear Stream Confluence with Spanish Creek None +3,404 Approximately 2,200 feet upstream of conflunce of Gansner Creek None +3,427 Gasner Creek Confluence with Clear Stream None +3,423 Approximately 740 feet upstream of Bucks Lake Road None +3,497 Greenhorn Creek Confluence with Spanish Creek None +3,401 Approximately 1,950 feet upstream of Highway 89/70 None +3,494 Mill Creek Confluence with Spanish Creek None +3,401 Approximately 2,500 feet upstream of Highway 89/70 None +3,555 Nugget Creek Confluence with Mill Creek None +3,402 Approximately 200 feet upstream of Nugget Lane None +3,455 Spanish Creek At Oakland Camp Road None +3,392 Approximately 11,700 feet upstream of Highway 89/70 None +3,452 Taylor Creek Confluence with Greenhorn Creek None +3,446 Approximately 300 feet upstream of Chandler Road None +3,491 Thompson Creek Confluence with Greenhorn Creek None +3,454 Approximately 3,400 feet upstream of confluence with Thompson Creek Splitflow None +3,548 Thompson Creek Splitflow Confluence with Thompson Creek None +3,488 Approximately 2,600 feet upstream of confluence with Thompson Creek None +3,493 Unnamed Confluence with Boyle Ravine None +3,410 Tributary to Boyle Ravine Approximately 150 feet upstream of Highway 89/70 None +3,417 Wolf Creek Approximately 4,500 feet downstream of Greenville Park Road Bridge None +3,534 Approximately 2 miles upstream of Main Street Bridge None +3,640 + North American Vertical Datum Maps are available for inspection at the Plumas County Planning Department, 520 Main Street, Room 21, Quincy, California 95971. Send comments to The Honorable Kenneth Nelson, Chairman, Plumas County Board of Supervisors, 520 Main Street, Room 121, Quincy, California 95971. Oregon Durham (City), Fanno Creek At confluence with the Tualatin River *126 *125 Washington County At Burlington Northern Railroad *126 *125 Tualatin River At Interstate Highway 5 *123 *123 At Burlington Northern Railroad (Just upstream of confluence with Fanno Creek) *126 *125 *Elevation in feet Maps are available for inspection at City Hall, 17160 Southwest Upper Boones Ferry Road, Durham, Oregon 97281. Send comments to The Honorable Gerry Schirado, Mayor, City of Durham, P.O. Box 23483, Durham, Oregon 97281. Oregon Tigard (City), Ash Creek Confluence with Fanno Creek *160 *160 Just upstream of Oak Street *169 *170 Washington County Fanno Creek At Burlington Northern Railroad *126 *126 At Southwest Scholls Ferry Road *162 *164 Summer Creek At confluence with Fanno Creek *157 *158 Just upstream of 135th Avenue *175 *176 Tualatin River At confluence with Fanno Creek *126 *125 Approximately 1.6 miles upstream of confluence with Fanno Creek *127 *127 *Elevation in feet Maps are available for inspection at the Engineering Department, City Hall, 13125 Southwest Hall Boulevard, Tigard, Oregon 97223. Send comments to The Honorable James Griffith, Mayor, City of Tigard, 13125 Southwest Hall Boulevard, Tigard, Oregon 97223. Oregon Beaverton (City), Fanno Creek Just upstream of Southwest Scholls Ferry Road *163 *165 Washington County Approximately 850 feet upstream of Southwest Scholls Ferry Road *196 *198 *Elevation in feet Maps are available for inspection at the Community Development Department, City Hall, 4755 Southwest Griffith Drive, Beaverton, Oregon 97076. Send comments to The Honorable Rob Drake, Mayor, City of Beaverton, P.O. Box 4755, Beaverton, Oregon 97076. Oregon Washington County Ash Creek Just upstream of Southwest Hall Boulevard *170 *171 Just upstream of Hemlock Street *181 *181 Fanno Creek Just upstream of Scholls Ferry Road *193 *197 Approximately 200 feet upstream of Beaverton-Hillsdale Highway *244 *243 *Elevation in feet Maps are available for inspection at the Department of Land Use and Transportation, 155 North First Avenue, Suite 350, MS 12, Hillsboro, Oregon 97124. Send comments to The Honorable Tom Brian, Chairman, Washington County Board of Commissioners, 155 North First Avenue, Suite 300, Hillsboro, Oregon 97124. (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”) Dated: July 20, 2004. David I. Maurstad, Acting Director, Mitigation Division, Emergency Preparedness and Response Directorate. [FR Doc. 04-17033 Filed 7-26-04; 8:45 am]

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