Flood elevation determinations: Various States,

[Federal Register: July 1, 2003 (Volume 68, Number 126)]

[Proposed Rules]

[Page 39046-39048]

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

[DOCID:fr01jy03-37]

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-7437]

Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, 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 following table.

FOR FURTHER INFORMATION CONTACT: Mary Jean Pajak, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646- 2831.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency 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, Sec. 67.4.

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

    Elevation in feet Location of referenced

    *(NGVD) Flooding source(s)

    elevation

    Communities affected Effective Modified

    CALIFORNIA Merced County, and Incorporated Areas.

    Bear Creek.......................... At McKee Road..........

    *183

    *183 Merced County (Uninc. Areas). Just upstream of Bear

    None

    *225 Creek Drive. Black Rascal Diversion Channel...... At confluence with Bear

    None

    *199 Merced County (Uninc. Creek.

    Areas). Approximately 3,700

    None

    *202 feet upstream East Olive Avenue. Local Ponding....................... Northeast of the

    None

    *200 Merced County (Uninc. intersection of East

    Areas), City of Childs Avenue and

    Merced. Fairfield Canal. Northeast of the

    None

    *200 intersection of Mission Avenue and South Arboleda Drive. Local Ponding....................... Northeast of the

    None

    *196 Merced County (Uninc. intersection of East

    Areas), City of Childs Avenue and

    Merced. Tower Road. Southeast of the

    None

    *196 intersection of Le Grand Road and US Highway 99.

    [[Page 39047]]

    Northeast of the

    None

    *196 intersection of Gerarad Avenue and the Fairfield Canal. Local Ponding....................... Northeast of the

    None

    *193 Merced County (Uninc. intersection of

    Areas). Mission Avenue and the Fairfield Canal. Local Ponding....................... Northeast of the

    None

    *191 City of Merced. intersection of East Childs Avenue and Kirby Road. Local Ponding....................... Northwest of the

    None

    *190 Merced County (Uninc. intersection of State

    Areas), City of Highway 140 and Easy

    Merced. Street. Local Ponding....................... Southeast of the

    None

    *189 Merced County (Uninc. intersection of US

    Areas). Highway 99 and Mariposa Way. Local Ponding....................... Northeast and Southeast

    None

    *186 Merced County (Uninc. of the Intersection of

    Areas), City of East Childs Avenue and

    Merced. the Hartley Bradley Lateral. Local Ponding....................... Southeast of the

    None

    *183 Merced County (Uninc. intersection of US

    Areas). Highway 99 and Vassar Avenue. Local Ponding....................... Southeast of the

    None

    *179 Merced County (Uninc. intersection of US

    Areas). Highway 99 and Mission Avenue. Northeast of the

    None

    *179 intersection of Sandy Mush Road and Givens- Lustre Road. Local Ponding....................... Northeast and Southeast

    None

    *185 Merced County (Uninc. of the intersection of

    Areas). US Highway 99 and McHenry Road. Local Ponding....................... Southeast of the

    None

    *176 City of Merced. intersection of East Childs Avenue and Carol Avenue. Local Ponding....................... Northeast of the

    None

    *165 Merced County (Uninc. intersection of

    Areas). Mission Avenue and Tyler Road. Local Ponding....................... Northeast of the

    None

    *164 Merced County (Uninc. intersection of Healy

    Areas). Road and Deadman Creek. Local Ponding....................... Northeast of the

    None

    *151 Merced County (Uninc. intersection of State

    Areas). Highway 59 and Duck Slough. Local Ponding....................... Northeast of the

    None

    *237 Merced County (Uninc. intersection of

    Areas). Mariposa Way and Burchell Avenue. Local Ponding....................... Northeast of the

    None

    *226 Merced County (Uninc. intersection of Gerard

    Areas). Avenue and Plainsburg Avenue. Local Ponding....................... Southeast of the

    None

    *222 Merced County (Uninc. intersection of Kadota

    Areas). Avenue and Plainsburg Road. Shallow Flooding.................... From the intersection

    None 1 Merced County (Uninc. of Woodland Avenue

    Areas), City of South and West to

    Merced. State Highway 59. From the AT & SF

    None 1 Railroad West to State Highway 59. Shallow Flooding.................... From the AT & SF

    None 2 Merced County (Uninc. Railroad West to State

    Areas). Highway 59. Shallow Flooding.................... Northeast of the

    None 3 Merced County (Uninc. intersection of State

    Areas). Highway 59 and Duck Slough.

    ADDRESSES Merced County (Unincorporated Areas)

    Maps are available for inspection at Merced County Department of Public Works, 715 Martin Luther King Jr. Way, Merced, CA 95340.

    Send comments to The Honorable Joe Rivero, Chairman, Merced County Board of Supervisors, 2222 M Street, Merced, CA 95340. City of Merced

    Maps are available for inspection at City Hall, 678 West 18th Street, Merced, CA 95340.

    Depth in feet above ground. *Elevation State

    City/town/county

    Source of flooding

    Location

    in feet. (NGVD)

    Existing Modified

    Hawaii............................... Hawaii County........... Kaluiiki Branch.......................... At confluence of Waipahoehoe Stream and Alenaio Stream....

    None

    *754 Approximately 200 feet upstream of Akala Road.............

    None

    *860 Waipahoehoe Stream....................... At confluence with Kaluiiki Branch and Alenaio Stream.....

    None

    *754 Approximately 100 feet upstream of Akala Road.............

    None

    *811 Alenaio Stream........................... Just upstream of Kaumana Drive............................

    *708

    *708 At confluence of Kaluiiki Branch and Waipahoehoe Stream...

    *752

    *754

    Maps are available for inspection at the Hawaii County Department of Public Works, Engineering Division, 25 Aupuni Street, Hilo, Hawaii 96720. Send comments to The Honorable Harry Kim, Mayor, Hawaii County, 25 Aupuni Street, Hilo, Hawaii 96720.

    [[Page 39048]]

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

    Dated: June 24, 2003. Anthony S. Lowe, Mitigation Division Director, Emergency Preparedness and Response Directorate.

    [FR Doc. 03-16541 Filed 6-30-03; 8:45 am]

    BILLING CODE 6718-04-P

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