Flood elevation determinations: Kansas,

[Federal Register: February 5, 2002 (Volume 67, Number 24)]

[Rules and Regulations]

[Page 5232-5234]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr05fe02-20]

FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 67

Final Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Final rule.

SUMMARY: Base (1% annual chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each 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).

EFFECTIVE DATE: The date of issuance of the Flood Insurance Rate Map (FIRM) showing BFEs and modified BFEs for each community. This date may be obtained by contacting the office where the FIRM is available for inspection as indicated in the table below.

ADDRESSES: The final 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: Matthew B. Miller, P.E., Chief, Hazards Study Branch, Federal Insurance and Mitigation Administration, FEMA, 500 C Street SW., Washington, DC 20472, (202) 646-3461, or (e- mail) matt.miller@fema.gov.

SUPPLEMENTARY INFORMATION: FEMA makes the final determinations listed below of BFEs and modified BFEs for each community listed. The proposed BFEs and proposed modified BFEs were published in newspapers of local circulation and an opportunity for the community or individuals to appeal the proposed determinations to or through the community was provided for a period of ninety (90) days. The proposed BFEs and proposed modified BFEs were also published in the Federal Register.

This final rule is issued in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 67.

FEMA has developed criteria for floodplain management in floodprone areas in accordance with 44 CFR part 60.

Interested lessees and owners of real property are encouraged to review the proof Flood Insurance Study and FIRM available at the address cited below for each community.

The BFEs and modified BFEs are made final in the communities listed below. Elevations at selected locations in each community are shown.

National Environmental Policy Act

This 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 rule is exempt from the requirements of the Regulatory Flexibility Act because final 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 final 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 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 amended to read 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.

    Sec. 67.11 [Amended]

  2. The tables published under the authority of Sec. 67.11 are amended as follows:

    Communities affected feet (NGVD)

    KANSAS

    FEMA Docket No. (B-7414) Tomahawk Creek:

    Approximately 3,500 feet

    *850 Johnson County (Uninc. Areas), City of Leawood, City of upstream of confluence

    Overland Park, City of Olathe. with Indian Creek Creek.

    *866

    Approximately 1,600 feet

    *1,007 downstream of Roe Avenue.

    Just downstream of Pflumm Road.

    Approximately 4,800 feet upstream of a Pflumm Road. Towahawk Creek Tributary No. 2:

    At confluence with Tomahawk

    *853 Johnson County (Uninc. Areas), City of Leawood. Creek.

    *859

    Approximately 1,200 feet upstream of confluence with Towahawk Creek. Tomahawk Creek Tributary No. 3:

    At confluence with Tomahawk

    *859 Johnson County (Uninc. Areas), City of Leawood. Creek.

    *860

    Approximately 1,300 feet upstream of confluence with Tomahawk Creek.

    [[Page 5233]]

    Tomahawk Creek Tributary No. 4:

    At confluence with Tomahawk

    *864 Johnson County (Uninc. Areas), City of Leawood. Creek.

    *866

    Approximately 1,500 feet upstream of confluence with Tomahawk Creek. Tomahawk Creek Tributary No. 5:

    At confluence with Tomahawk

    *872 Johnson County (Uninc. Areas), City of Leawood. Creek.

    *874

    Approximately 1,200 feet upstream of confluence with Tomahawk Creek. Tomahawk Creek Tributary No. 6:

    At confluence with Tomahawk

    *872 Johnson County (Uninc. Areas), City of Overland Park. Creek.

    *881

    Approximately 1,850 feet upstream of confluence with Tomahawk Creek. Tomahawk Creek Tributary No. 7:

    At confluence with Tomahawk

    *881 Johnson County (Uninc. Areas), City of Overland Park. Creek.

    *929

    Just downstream of Metcalf Avenue. Tomahawk Creek Tributary No. 8:

    At confluence with Tomahawk

    *885 Johnson County (Uninc. Areas), City of Overland Park. Creek.

    *888

    Approximately 1,000 feet upstream of confluence with Tomahawk Creek. Tomahawk Creek Tributary No. 9:

    At confluence with Tomahawk

    *890 Johnson County (Uninc. Areas), City of Overland Park. Creek.

    900

    Approximately 1,360 feet upstream of Tomahawk Creek. Tomahawk Creek Tributary No. 10:

    At confluence with Tomahawk

    *900 Johnson County (Uninc. Areas), City of Overland Park. Creek.

    *935

    Approximately 1,100 feet upstream of Foster Street. Tomahawk Creek Tributary No. 11:

    At confluence with Tomahawk

    *906 Johnson County (Uninc. Areas), City of Overland Park. Creek.

    *912

    Approximately 1,380 feet upstream of confluence with Tomahawk Creek. Tomahawk Creek Tributary No. 12:

    At confluence with Tomahawk

    *912 Johnson County (Uninc. Areas), City of Overland Park. Creek.

    *955

    Approximately 4,700 feet upstream of Antioch Road. Tomahawk Creek Tributary No. 12B1:

    At confluence with Tomahawk

    *920 Johnson County (Uninc. Areas), City of Overland Park. Creek Tributary No. 12.

    *938

    Approximately 2,450 feet upstream of confluence with Tomahawk Creek. Tomahawk Creek Tributary No. 13:

    At confluence with Tomahawk

    *929 Johnson County (Uninc. Areas), City of Overland Park. Creek.

    *984

    Approximately 900 feet upstream of 148th Street. Tomahawk Creek Tributary No. 13B1:

    At confluence with Tomahawk

    *935 Johnson County (Uninc. Areas), City of Overland Park. Creek Tributary No. 13.

    *935

    Just downstream of Antioch Road. Tomahawk Creek Tributary No. 13E1:

    At confluence with Tomahawk

    *964 Johnson County (Uninc. Areas), City of Overland Park. Creek Tributary No. 13.

    *978

    Approximately 500 feet upstream of Switzer Road. Tomahawk Creek Tributary No. 13F1:

    At confluence with Tomahawk

    *979 Johnson County (Uninc. Areas), City of Overland Park. Creek Tributary No. 13.

    *989

    Approximately 1,100 feet upstream of confluence with Tomahawk Creek Tributary No. 13. Tomahawk Creek Tributary No. 17:

    At confluence with Tomahawk

    *977 Johnson County (Uninc. Areas), City of Overland Park. Creek.

    *981

    Approximately 610 feet upstream of confluence with Tomahawk Creek. Tomahawk Creek Tributary No. 18:

    At confluence with Tomahawk

    *989 Johnson County (Uninc. Areas), City of Overland Park. Creek.

    *997

    Approximately 1,100 feet downstream of 143rd Street. Tomahawk Creek Tributary No. 19:

    At confluence with Tomahawk

    *1,000 Johnson County (Uninc. Areas), City of Overland Park. Creek.

    *1,003

    Approximately 630 feet upstream of confluence with Tomahawk Creek. Tomahawk Creek Tributary No. 20:

    At confluence with Tomahawk

    *1,011 Johnson County (Uninc. Areas), City of Overland Park, City of Creek.

    *1,011 Olathe.

    Approximately 300 feet upstream of confluence with Tomahawk Creek. Tomahawk Creek Tributary No. 21:

    At confluence with Tomahawk

    *1,012 Johnson County (Uninc. Areas), City of Overland Park, City of Creek.

    *1,014 Olathe.

    Approximately 760 feet upstream of confluence with Tomahawk Creek.

    ADDRESSES: Johnson County (Unincorporated Areas): Maps are available for inspection at the Department of Planning, Development and Codes, 111 South Cherry, Suite 3500, Olathe, Kansas.

    [[Page 5234]]

    City of Leawood: Maps are available for inspection at the Planning Services Department, 4800 Town Center Drive, Leawood, Kansas. City of Olathe: Maps are available for inspection at the Planning Department, 100 West Santa Fe, Olathe, Kansas.

    City of Overland Park: Maps are available for inspection at City Hall, 8500 Santa Fe Drive, Overland Park, Kansas.

    (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. 02-2665Filed2-4-02; 8:45 am]

    BILLING CODE 6718-04-P

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