Flood elevation determinations: Various States,

[Federal Register: March 19, 2002 (Volume 67, Number 53)]

[Proposed Rules]

[Page 12495-12498]

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

[DOCID:fr19mr02-31]

FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 67

[Docket No. FEMA-B-7425]

Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency (FEMA).

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: 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 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 Acting Administrator, Federal Insurance and Mitigation Administration 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:

    City/town/county

    Source of flooding

    Location

    feet. (NGVD)

    Existing Modified

    Washington........................... City of Anacortes,

    Burrows Bay.............................. Along shoreline to Fidalgo Head including Burrows Pass....

    None

    *7 Skagit County. Guemes Channel........................... Along shoreline from Shannon Point to Fidalgo Bay.........

    None

    *9 Fidalgo Bay.............................. Along shoreline to Guemes Channel.........................

    None

    *7 Rosario Strait........................... Along shoreline from Fidalgo Head to Shannon Point........

    None

    *9 Depth in feet above ground Maps are available for inspection at City Hall, 904 6th Street, Anacortes, Washington.

    Send comments to The Honorable Dean Maxwell, Mayor, City of Anacortes, P.O. Box 547, Anacortes, Washington 98221.

    Wyoming.............................. Town of Dubois, Freemont Wind River............................... Approximately 3,380 feet upstream of State Highway 26.....

    None +6,882 Approximately 450 feet upstream of Soda Springs Drive.....

    None +6,983 Horse Creek.............................. At confluence with Wind River.............................

    None +6,912

    [[Page 12496]]

    Approximately 1,950 feet upstream of Clendenning Street...

    None +6,953 Depth in feet above ground Maps are available for inspection at Town Hall, 712 Meckem Street, Dubois, Wyoming.

    Send comments to The Honorable Bob Baker, Mayor, Town of Dubois, Town Hall, P.O. Box 555, Dubois, Wyoming 82513

    Freemont County......... Wind River............................... Approximately 2,400 feet upstream of State Highway 26.....

    None +6,878 Approximately 2,200 feet upstream of Soda Springs Drive...

    None +6,993 Horse Creek.............................. Approximately 2,000 feet upstream of Clendenning Street...

    None +6,954 Approximately 1,950 feet upstream of Clendenning Street...

    None +6,955 Depth in feet above ground Maps are available for inspection at the Planning Department, 450 North 2nd Street, Room 360, Lander, Wyoming.

    Send comments to The Honorable Scott Lander, Chairman, Freemont County Commissioners, 450 North 2nd Street, Lander, Wyoming 82520.

    Elevation in feet Location of referenced

    (*NGVD) Flooding source(s)

    elevation

    Communities affected Effective Modified

    KANSAS Sedgwick County, Kansas and Incoporated Areas

    Middle Fork Chisholm Creek.......... Approximately 100 feet

    None *1,363 City of Kechi. downstream of Oliver Street. Just upstream of Kechi

    None *1,372 ....................... Road.

    Maps are available for inspection at 200 West Kechi Road, Kechi, Kansas.

    Send comments to The Honorable Ed Parker, Mayor, City of Kechi, 200 West Kechi Road, Kechi, Kansas.

    Arkansas River...................... Approximately 4,400

    None *1,252 City of Derby. feet upstream of Washington Street. Cowskin Creek....................... Approximately 3,500

    None *1,297 City of Wichita. feet downstream of State Highway 42. Approximately 800 feet

    None *1,300 downstream of State Highway 42. Approximately 3,400

    None *1,279 Sedgewick County. feet downstream Kansas Southwest Railroad. Just downstream of 21st

    None *1,345 ....................... Street. Approximately 1,550

    *1,370 *1,370 ....................... feet downstream of 53rd Street. Approximately 1,500

    *1,370 *1,370 City of Colwich. feet downstream of 53rd Street. Dry Creek North (of Cowskin Creek).. Approximately 300 feet

    None *1,346 Sedgewick County. upstream of 21st Street. Just downstream of

    None *1,386 ....................... 167th Street. Dry Creek South (of Cowskin Creek).. Approximately 3,500

    None *1,292 Sedgewick County. downstream of Ridge Road. Just downstream of

    None *1,316 103rd Street. Little Arkansas River............... Just downstream of 5th

    None *1,339 Sedgewick County. Street. Just downstream of

    *1,374 *1,372 ....................... 125th Street. Middle Fork Chisholm Creek.......... Approximately 450 feet

    None *1,360 Sedgewick County. downstream of State Highway 254. Approximately 100 feet

    None *1,367 upstream of Oliver Street. Spring Creek........................ Approximately 2,850

    *1,242 *1,241 Sedgewick County. feet downstream of Atchinson, Topeka, and Santa Fe Railroad. Approximately 350 feet

    *1,258 *1,258 ....................... upstream of Woodlawn Boulevard. Spring Creek........................ Approximately 1,550

    None *1,270 Sedgewick County. feet upstream of Rock Road. Just downstream of 63rd

    None *1,304 Street.

    [[Page 12497]]

    Send comments to The Honorable Ben Sciortino, Chairman, Board of Commissioners, 525 North Main, Suite 320, Wichita, Kansas 67203. City of Derby:

    Maps are available for inspection at 611 Mulberry Road, Derby, Kansas.

    Send comments to The Honorable Richard Standrich, Mayor, City of Derby, 611 North Mulberry Road, Derby, Kansas 67037. City of Colwich:

    Maps are available for inspection at P.O. Box 158, Colwich, Kansas.

    Send comments to The Honorable Lavina Keiter, Mayor, City of Colwich, 310 South Second Street, Colwich, Kansas 67030. City of Wichita:

    Maps are available for inspection 455 North Main Street, 8th Floor, Wichita, Kansas.

    Send comments to The Honorable Bob Knight, Mayor, City of Wichita, 455 North Main Street, 13th Floor, Wichita, Kansas 67202.

    MISSOURI Gasconade County, Missouri and Incorporated Areas

    Frene Creek......................... At the confluence with

    None

    *518 City of Hermann. the Missouri River. Approximately 3,400

    None

    *530 ....................... feet upstream of High School Driveway. Approximately 2,100

    None

    *527 Gasconade County. feet upstream of High School Driveway. Approximately 3,500

    None

    *531 ....................... feet upstream of High School Driveway.

    Maps are available for inspection at City Hall, 207 Schiller Street, Hermann, Missouri.

    Send comments to The Honorable Doris Binkholder, Mayor, City of Hermann, 207 Schiller Street, Hermann, Missouri 65041.

    City of Hermann:

    Maps are available for inspection at 119 East First Street, Hermann, Missouri.

    Send comments to The Honorable Charles Schlottach, Presiding Commissioner, 119 East First Street, Room 2, Hermann, Missouri 65041.

    OREGON Clatsop County, Oregon and Incorporated Areas

    Beerman Creek....................... Confluence with

    None

    *17 Clatsop County Necanicum River. Approximately 5,000

    None

    *115 ....................... feet upstream of Beerman Creek Road. Neawanna Creek...................... Just downstream of 12th

    *12

    *12 Clatsop County. Avenue. Approximately 1,400

    *13

    *13 ....................... feet downstream of Broadway Drive. Approximately 1,200

    *16

    *17 ....................... feet South of intersection with U.S. 101 and Old Railroad Grade. Necanicum River..................... Approximately 1,100

    *13

    *14 Clatsop County. feet downstream of Avenue U. Just upstream of Howard

    *34

    *35 ....................... Johnson Road. Approximately 1,600

    *44

    *44 ....................... feet downstream of Big Driveway Road. Approximately 4,000

    *58

    *61 ....................... feet upstream of Big Driveway Road. Necanicum River Overflow............ Just upstream of

    None

    *31 Clatsop County. Rippett Road. Approximately 1,000

    None

    *41 ....................... feet North of the intersection of Oregon Coast Highway and U.S. 26. Upper Neawanna Creek................ Confluence with

    None

    *15 Clatsop County. Neawanna Creek. Approximately 860 feet

    None

    *26 ....................... upstream of Wahanna Road. Neawanna Creek...................... Just upstream of 12th

    *12

    *12 City of Seaside. Avenue. Just upstream of

    *12

    *14 ....................... Brodway Drive. Approximately 1,500

    None

    *16 ....................... feet upstream of Avenue S. Necanicum River..................... Just downstream of 12th

    *11

    *11 City of Seaside. Avenue. Just downstream of

    *12

    *13 ....................... Avenue G. Approximately 450 feet

    *28

    *28 ....................... downstream U.S. Route 101. Necanicum River Overflow............ Just downstream of

    None

    *31 City of Seaside. Rippett Road.

    Maps are available for inspection at City Hall, 749 Commercial Street, Astoria, Oregon. Send comments to The Honorable George Kiepke, Chairman, Clatsop County, Board of Commissioners, City Hall, 749 Commercial Street, Astoria, Oregon 97103.

    [[Page 12498]]

    City of Seaside: Maps are available for inspection at the Public Works Building, 1387 Avenue U, Seaside, Oregon.

    Send comments to The Honorable Rosemary Baker-Monaghan, Mayor, City of Seaside, City Hall, 989 Broadway, Seaside, Oregon 97138.

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

    Dated: March 13, 2002. Robert F. Shea, Acting Administrator, Federal Insurance and Mitigation Administration.

    [FR Doc. 02-6573Filed3-18-02; 8:45 am]

    BILLING CODE 6718-04-P

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