Proposed Rules. Proposed rule

Agency: Federal Emergency Management Agency, Emergency Preparedness and Response Directorate, Department of Homeland Security
Action: Proposed rule
Citation: FR Doc. 04-27245 · Docket No. FEMA-P-7663 · 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 ninety (90) days following the second publication of this proposed rule in a newspaper of local circulation in each community.

Supplementary Information

The Federal Emergency Management Agency makes the final determinations listed below for the modified BFEs for each community listed. These modified elevations have been published in newspapers of local circulation and ninety (90) days have elapsed since that publication. The Mitigation Division Director of the Emergency Preparedness and Response Directorate has resolved any appeals resulting from this notification. 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 rule is exempt from the requirements of the Regulatory Flexibility Act because modified base flood elevations are required by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are required to 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 record keeping 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 Proposed flood elevation determination. 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 Indiana Indianapolis (City) McClain County Berkshire Creek At its confluence with Devon Creek N/A *746 Approximately 150 feet upstream of Marrison Place N/A *780 Buffalo Creek Just upstream of West County Line Road *709 *707 At East Stop 11 Road *758 *754 Devon Creek Approximately 740 feet downstream of Millersville Road *734 *733 Approximately 100 feet upstream of Laurel Falls Road N/A *814 Little Buck Creek Approximately 300 feet downstream of South Tibbs Avenue *670 *669 Approximately 75 feet upstream of the furthest upstream crossing of East Engewood Avenue N/A *844 Maps are avaialble for inspection at 2142 City-County Building, 200 East Washington Street, Indianapolis, Indiana. Send comments to The Honorable Bart Peterson, Mayor, City of Indianapolis, 2501 City-County Building, 200 East Washington Street, Indianapolis, Indiana 46204. Nebraska Wakefield (City) Dixon and Wayne Counties Logan Creek Dredge Approximately 1.4 miles downstream of State Highway 35 None ◆1,378 Approximately 0.6 mile upstream of County Road 859 None ◆1,389 South Logan Creek At confluence with Logan Creek Dredge None ◆1,387 Approximately 1.2 miles upstream of the confluence with Logan Creek Dredge None ◆1,390 Ponding areas west of State Highway 35 and north of Abandoned Railroad (4) Entire shoreline None ◆1,382 Ponding areas adjacent to State Highway 35 and north of Abandoned Railroad (4) Entire shoreline None ◆1,380 Ponding area east of State Highway 35 Entire shoreline None ◆1,376 Ponding area east of State Highway 35 and south of Abandoned Railroad Entire shoreline None ◆1,378 Maps are avaialble for inspection at 405 Main Street, Wakefield, Nebraska. Send comments to The Honorable Jim Clark, Mayor, City of Wakefield, 405 Main Street, P.O. Box 178, Wakefield, Nebraska 68784. Oklahoma Blanchard (City) Grady and McClain Counties Bridge Creek Approximately 150 feet downstream of County Line Road None *1,199 Just downstream of County Line Road None *1,199 East Branch Walnut Creek Tributary Approximately 1,675 feet downstream of Southeast 7th Street None *1,196 Approximately 525 feet upstream of Northeast 10th Street None *1,270 North Fork Walnut Creek Approxiamtely 2,570 feet downstream of U.S. Highway 62/277 None *1,164 Approxiamtely 22,820 feet upstream of U.S. Highway 62/277 None *1,201 Stinson Creek Approximately 20 feet downstream of Sandrock Road None *1,208 Approxiamtely 1,190 feet upstream of Sandrock Road None *1,212 Tributary A2 At the confluence with West Branch Walnut Creek Tributary None *1,217 Approxiamtely 3,585 feet upstream of the confluence with West Branch Walnut Creek Tributary None *1,241 West Branch Walnut Creek Tributary Approximately 4,035 feet downstream of Southeast 7th Street None *1,195 Approximately 3,690 feet upstream of N2990 Road None *1,242 Maps are available for inspection at City Hall, 114 West Broadway, Blanchard, Oklahoma. Send comments to The Honorable Barbara Harris, Mayor, City of Blanchard, City Hall, 114 West Broadway, Blanchard, Oklahoma 73010. Oklahoma Grady County (Unincorporated Areas) West Branch Walnut Creek Tributary Approximately 160 feet downstream of N2990 Road None *1,227 Approximately 4,030 feet upstream of N2990 Road None *1,244 Maps are available for inspection at 4th Street and Choctaw Street, Chickasha, Oklahoma. Send comments to The Honorable Jack Porter, Chairman, Grady County Board of Commissioners, 326 West Chuctaw, Chickasha, Oklahoma 73108. Oklahoma McAlester (City) Pittsburg County Tributary A Approximately 4,875 feet downstream of Village Boulevard ◆681 ◆682 Approximately 2,100 feet upstream of Crooked Oak Lane. ◆764 ◆756 Tributary AA At the confluence with Tributary A. ◆697 ◆698 Approximately 3,275 feet upstream of U.S. Highway 69 ◆755 ◆754 Tributary B Approximately 490 feet downstream of South C Street ◆690 ◆687 Tributary B Approximately 300 feet upstream of U.S. Highway 69 Service Road (2nd crossing) None ◆741 Tributary C Just upstream of Union Pacific Railroad ◆647 ◆646 Approximately 550 feet upstream of East Monroe Avenue ◆687 ◆686 Tributary D Just upstream of South F Street ◆681 ◆678 Approximatley 1,375 feet upstream of East South Avenue ◆725 ◆726 Tributary DD At the confluence with Tributary D ◆701 ◆703 Approximately 325 feet upstream of East Seminole Avenue None ◆715 Maps are available for inspection at 28 East Washington Street, McAlester, Oklahoma. Send comments to The Honorable Dale Covington, Mayor, City of McAlester, 28 East Washington Street, McAlester, Oklahoma 74502. Oklahoma McClain County (Unincorporated Areas) East Branch Walnut Creek Tributary At the confluence with West Branch Walnut Creek Tributary None *1,180 Approximately 2,320 feet upstream of confluence with West Branch Walnut Creek Tributary None *1,197 North Fork Walnut Creek Approximately 24,660 feet upstream of the confluence with Walnut Creek None *1,164 Approximately 7,340 feet upstream of State Highway 76 None *1,201 Stinson Creek (Lower Reach) At the confluence with North Fork Walnut Creek None *1,175 Approximately 6,500 feet upstream of Quailhaven Road None *1,208 West Branch Walnut Creek Tirubtary Approximately 3,350 feet upstream of the confluence with Walnut Creek None *1,171 Approximately 2,590 feet upstream of Tyler Avenue None *1,206 Maps are available for inspection at 501 North Street, Purcell, Oklahoma. Send comments to The Honorable Loyd Tucker, Chairman, McClain County Board of Commissioners, 501 North Street, P.O. Box 629, Purcell, Oklahoma 73080. Texas Eagle Pass (City) Maverick County Eagle Pass Creek At the confluence with Rio Grande. *712 *716 Approximately 200 feet upstream of Vista Hermosa Drive None *790 Eagle Pass Creek Tributary 1 Just upstream of Union Pacific Railroad *727 *726 Approximately 330 feet upstream of Travis Street *743 *741 Eagle Pass Creek Tributary 2 Just upstream of the confluence with Eagle Pass Creek *743 741 Approximately 2,100 feet upstream of North Bibb Avenue None *799 Rio Grande Approximately 1,950 feet downstream of International Union Pacific Railroad Bridge *709 *710 Approximately 1,950 feet upstream of East Garrison Street *719 *722 Tributary to East Seco Creek Approximately 100 feet downstream of U.S. Highway 277 None *736 Approximately 1,185 feet upstream of U.S. Highway 277 None *744 Unnamed Tributary of Rio Grande Approximately 1,620 feet downstream of FM 3443 (1st Crossing) None *739 Approximately 1,620 feet upstream of East Main Street None *772 Maps are available for inspection at City Hall, 100 South Monroe Street, Eagle Pass, Texas. Send comments to The Honorable Chad Foster, Mayor, City of Eagle Pass, City Hall, 100 South Monroe Street, Eagle Pass, Texas 78852. Wisconsin Manitowoc (City) Manitowoc River At South 10th Street *584 *585 Manitowoc County Approximately 2,550 feet downstream of Michigan Avenue *603 *604 Maps area available for inspection at the Manitowoc City Hall, 900 Quay Street, Manitowoc, Wisconsin. Send comments to The Honorable Kevin Crawford, Mayor, City of Manitowoc, 900 Quay Street, Manitowoc, Wisconsin 54220. (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”) Dated: December 7, 2004. David I. Maurstad, Acting Director, Mitigation Division, Emergency Preparedness and Response Directorate. [FR Doc. 04-27245 Filed 12-10-04; 8:45 am]