Flood elevation determinations: Various States,

[Federal Register: June 2, 2004 (Volume 69, Number 106)]

[Proposed Rules]

[Page 31070-31073]

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

[DOCID:fr02jn04-27]

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-D-7592]

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 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, FEMA, 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 base flood 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. 4105, and are required to establish and maintain community eligibility in the NFIP. As a result, a regulatory flexibility analysis has not 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:

   [[Page 31071]]

   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. 67.4 [Amended]

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

   Depth in feet above ground. *Elevation in meters (MSL) /Elevation in feet Source of flooding

   Location

   (NAVD)

   Communities affected

   Existing

   Modified

   KENTUCKY Bullitt County

   Brooks Run..................... At the confluence with None............ 454 Bullitt County Floyds Fork.

   None............ 515 (Unincorporated Approximately 200 feet

   Areas), City of Fox upstream of State

   Chase, City of Route 1020.

   Hillview, City of Pioneer Village. Brier Creek.................... A ponding area

   None............ 431 Bullitt County extending from the

   (Unincorporated confluence with Pond

   Areas). Creek to approximately 1,520 feet upstream of the Railroad. Bullitt Lick Creek--Mud Run.... At the confluence with None............ 447 Bullitt County Salt River.

   None............ 447 (Unincorporated Approximately 565 feet

   Areas), City of upstream of Blue Lick

   Shepherdsville. Creek Road. Crooked Creek.................. Approximately 3.8 miles None............ 430 Bullitt County upstream of the

   None............ 472 (Unincorporated confluence with

   Areas), City of Rolling Fork.

   Lebanon Junction. Approximately 1,100 feet upstream of East Parallel Road. Floyds Fork.................... At the confluence of 451..... 450 Bullitt County Salt River.

   None............ 454 (Unincorporated Approximately 3.3 miles

   Areas), City of upstream of State

   Hillview, City of Highway 44.

   Shepherdsville. Floyds Fork.................... At the confluence with 451..... 450 Bullitt County Salt River.

   None............ 454 (Unincorporated Approximately 3.3 miles

   Areas), City of upstream of State

   Shepherdsville. Highway 44. Knob Creek..................... At the confluence with None............ 431 Bullitt County Pond Creek.

   None............ 456 (Unincorporated Approximately 2.29

   Areas). miles upstream of Highway 44. Knob Creek Tributary........... At the confluence with None............ 444 Bullitt County Knob Creek.

   None............ 494 (Unincorporated Approximately 1 mile

   Areas). upstream from Shoffet Lane. Long Lick Creek................ At the confluence with None............ 446 Bullitt County Salt River.

   None............ 487 (Unincorporated Approximately 4,100

   Areas). feet upstream of Happy Hallow Road. Ohio River..................... At the confluence of None............ 443 Bullitt County Salt River.

   None............ 443 (Unincorporated Approximately 1.4 miles

   Areas). upstream of the confluence of Salt River. Pond Creek..................... A ponding area

   None............ 431 Bullitt County extending from the

   (Unincorporated pump station to the

   Areas). confluence of Brier Creek. Salt River..................... At the confluence of None............ 447 Bullitt County Bullitt Lick Creek. None............ 447 (Unincorporated Approximately 1.1 miles

   Areas). upstream of the confluence of Bullitt Creek. Whittaker Run.................. At the confluence with None............ 461 Bullitt County Salt River.

   None............ 490 (Unincorporated Approximately 700 feet

   Areas). upstream of U.S. Route 31 East. Bullitt County (Unincorporated Areas) Maps available for inspection at the Bullitt County Planning Commission, 214 Frank E. Simon Avenue, Shepherdsville, Kentucky.

   Send comments to The Honorable Kenneth Rigdon, Bullitt County Judge/Executive, County Courthouse, P.O. Box 768, Shepherdsville, Kentucky 40165. City of Fox Chase Maps available for inspection at the Fox Chase City Hall, 4814 Fox Chase Drive, Shepherdsville, Kentucky.

   Send comments to The Honorable Joe E. Laswell, Mayor of the City of Fox Chase, 4814 Fox Chase Drive, Shepherdsville, Kentucky 40161. City of Hillview Maps available for inspection at the Hillview City Hall, 298 Prairie Drive, Louisville, Kentucky.

   Send comments to The Honorable Leemon Powell, Mayor of the City of Hillview, 298 Prairie Drive, Louisville, Kentucky 40229. City of Lebanon Junction Maps available for inspection at the Lebanon Junction City Hall, 271 Main Street, Lebanon Junction, Kentucky.

   Send comments to The Honorable George Halk, Mayor of the City of Lebanon Junction, P.O. Box 69, Lebanon Junction, Kentucky 40150. City of Pioneer Village Maps available for inspection at the Pioneer Village City Hall, 4700 Summitt Drive, Louisville, Kentucky.

   Send comments to The Honorable Gary Hatcher, Mayor of the City of Pioneer Village, 4700 Summitt Drive, Louisville, Kentucky 40229. City of Shepherdsville

   [[Page 31072]]

   Maps available for inspection at the Shepherdsville City Hall, 170 Frank E. Simon Avenue, Shepherdsville, Kentucky.

   Send comments to The Honorable Joseph Sohm, Mayor of the City of Shepherdsville, P.O. Box 400, Shepherdsville, Kentucky 40165.

   MINNESOTA City of Minneapolis (Hennepin County)

   Mississippi River.............. Approximately 2,100 None............

   *714 City of Minneapolis. feet downstream of *717............

   *716 confluence of Minnehaha Creek. Downstream of Lock and Dam No. 1. Minnehaha Creek................ At confluence with *717............

   *715 City of Minneapolis. Mississippi River. *717............

   *715 Approximately 2,450 feet upstream of confluence with the Mississippi River. City of Minneapolis Maps available for inspection at the Minneapolis City Hall, Public Works Office, 350 South Fifth Street, Minneapolis, Minnesota.

   Send comments to the Honorable R. T. Rybak, Mayor of the City of Minneapolis, 350 South Fifth Street, Room 331, Minneapolis, Minnesota 55415.

   PUERTO RICO Commonwealth and Municipalities

   Rio Guamani.................... Approximately 100

   *3.0............

   *3.2 Commonwealth of Puerto meters above the mouth None............ *154.4 Rico. of Caribbean Sea. Approximately 0.60 kilometers upstream of Puerto Rico Route 10. Rio de Bayamon................. Approximately 100

   *10.8...........

   *10.7 Commonwealth of Puerto meters downstream of None............ *250.6 Rico, Municipality of Puerto Rico Route 2.

   Bayamon. Approximately 9.5 kilometers upstream of Puerto Rico Route 174. Rio de La Plata (Toa Baja)..... Approximately 0.1

   *2.6............

   *3.3 Commonwealth of Puerto kilometer above the *11.5...........

   *13.1 Rico. confluence with Atlantic Ocean. Approximately 0.1 kilometer downstream of Puerto Rico Route 2. Rio Nigua...................... Approximately 400

   *3.4............

   *3.2 Commonwealth of Puerto meters upstream of *48.2...........

   *49.5 Rico. mouth of Rio Nigua. Approximately 2.70 kilometers upstream of Puerto Rico Route 52. Rio Coamo...................... Approximately 2.16 *2.9............

   *3.0 Commonwealth of Puerto kilometers downstream None............

   *20.1 Rico. of Puerto Rico Route 1. Approximately 2.15 kilometers upstream of Puerto Rico Route 1. Rio de La Plata (Toa Alta)..... Approximately 0.1

   *11.5...........

   *13.1 Commonwealth of Puerto kilometer downstream None............

   *22.0 Rico. of Puerto Rico Route 2. Approximately 0.3 kilometer upstream of Puerto Rico Route 824. Rio de La Plata: Overflow...... Approximately 0.79 *2.2............

   *2.3 Commonwealth of Puerto kilometer downstream *7.1............

   *6.7 Rico. of the road to Military Reservation. Approximately 0.45 kilometer upstream of Puerto Rico Route 854. Rio Grande..................... At the confluence with *2.8............

   *5.0 Commonwealth of Puerto Espiritu Santo River. *3.5............

   *6.9 Rico. At the Puerto Rico Route 3. Commonwealth of Puerto Rico Maps available for inspection at the Puerto Rico Planning Board, Minilas Government Center, North Building, East Diego Avenue, Stop 22, San Juan, Puerto Rico.

   Send comments to Mr. Angel D. Rodriguez, Chairperson of the Puerto Rico Planning Board, P.O. Box 41119, San Juan, Puerto Rico 00940-1119.

   Municipality of Bayamon

   [[Page 31073]]

   Maps available for inspection at Carretera 2, Alcaldia de Bayamon, 4to piso Oficina de Ordenacion Territorial, Bayamon, Puerto Rico.

   Send comments to The Honorable Ramon Luis Rivera, Mayor of the Municipality of Bayamon, Carretera 2, Alcaldia de Bayamon, Bayamon, Puerto Rico 00731.

   NORTH CAROLINA Durham County (Unincorporated Areas) The proposed, proposed modified Base (1% annual chance) Flood Elevations (BFEs), and the location of the local map repository for the unincorporated areas of Durham County have been provided on FEMA's Flood Hazard Mapping Web site at http://www.fema.gov/fhm/st_hot.sht. Contact the FEMA Map Assistance Center toll free at

   1-877-FEMA Map (877-336-2627) for further information or a copy of the BFEs.

   NORTH CAROLINA City of Durham, Durham County The proposed, proposed modified Base (1% annual chance) Flood Elevations (BFEs), and the location of the local map repository for the City of Durham have been provided on FEMA's Flood Hazard Mapping Web site at http://www.fema.gov/fhm/st_hot.sht. Contact the FEMA Map Assistance Center toll free at 1-877-FEMA Map (877-336-

   2627) for further information or a copy of the BFEs.

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

   Dated: May 26, 2004. Anthony S. Lowe, Mitigation Division Director, Emergency Preparedness and Response Directorate.

   [FR Doc. 04-12371 Filed 6-1-04; 8:45 am]

   BILLING CODE 9110-12-P