Flood elevation determinations: North Dakota and Utah,

[Federal Register: October 19, 2004 (Volume 69, Number 201)]

[Proposed Rules]

[Page 61460-61461]

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

[DOCID:fr19oc04-11]

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-7449]

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 modifcations 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 premium rates for the 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 procedures, 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.; Reorganziation Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376, Sec. 67.4.

2. The tables published under the authority of Sec. 67.4 are proposed to be amended as follows:

   +Elevation in feet City/town/

   Source of

   (NAVD) State

   county

   flooding

   Location ------------------------- Existing Modified

   North Dakota................. Lincoln (City), Apple Creek.... Just upstream of

   None +1,644 Burleigh County.

   Railroad.

   [[Page 61461]]

   Approximately 5,000

   None +1,646 feet downstream of confluence of Hay Creek.

   +North American Vertical Datum

   Maps are available for inspection at City Hall, 74 Santee Road, Lincoln, North Dakota 58504.

   Send comments to The Honorable Glen Christmann, Mayor, City of Lincoln, 74 Santee Road, Lincoln, North Dakota 58504.

   Utah......................... Paragonah

   Red Creek...... Approximately 1,900

   None +5,900 (Town),.

   feet downstream of Iron County.....

   Center Street. Approximately 1,600

   None +5,989 feet upstream of Center Street. Water Canyon... Approxiamately 850

   None +5,878 feet upstream of 100 West Street. Approximately 1,200

   None +5,891 feet upstream of 100 West Street.

   +North American Vertical Datum

   Maps are available for inspection at Town Hall, 44 North 100 West, Paragonah, Utah 84760.

   Send comments to The Honorable Constance Robinson, Mayor, Town of Paragonah, P.O. Box 600247, Paragonah, Utah 84760.

   (Catalog of Federal Domestic Assistance No. 83.100, ``Flood Insurance'')

   Dated: October 6, 2004. David I. Maurstad, Acting Director, Mitigation Division, Emergency Preparedness and Response Directorate.

   [FR Doc. 04-23306 Filed 10-18-04; 8:45 am]

   BILLING CODE 9110-12-U