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Proposed Rule

Proposed Flood Elevation Determinations

Document Details

Information about this document as published in the Federal Register.

Published Document

This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

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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.

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FOR FURTHER INFORMATION CONTACT:

Matthew B. Miller, P.E., Chief, Hazards Study Branch, Mitigation Directorate, FEMA, 500 C Street SW., Washington, DC 20472, (202) 646-3461, or (e-mail) matt.miller@fema.gov.

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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 Administration and Mitigation 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.

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List of Subjects in 44 CFR Part 67

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Accordingly, 44 CFR Part 67 is proposed to be amended as follows:

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PART 67—[AMENDED]

1. The authority citation for Part 67 continues to read as follows:

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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, § 67.4

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

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Flooding source(s)Location of referenced elevationElevation in feet *(NGVD)Communities affected
EffectiveModified
Kansas
Johnson County and Incorporated Areas
Tomahawk CreekApproximately 3,500 feet upstream of confluence with Indian Creek*849*850City of Leawood, City of Overland Park, City of Olathe.
Approximately 1,600 feet downstream of Roe Avenue*865*866
Just downstream of Pflumm Road*1,005*1,007
Approximately 4,800 feet upstream of Pflumm RoadNone*1,034
Tributary No. 2At confluence with Tomahawk CreekNone*853City of Leawood.
Approximately 1,200 feet upstream of Confluence with Tomahawk CreekNone*859
Tributary No. 3At confluence with Tomahawk CreekNone*859City of Leawood.
Approximately 1,300 feet upstream of confluence with Tomahawk CreekNone*860
Tributary No. 4At confluence with Tomahawk CreekNone*864City of Leawood.
Approximately 1,500 feet upstream of confluence with Tomahawk CreekNone*866
Tributary No. 5At confluence with Tomahawk CreekNone*872City of Leawood.
Approximately 1,200 feet upstream of Confluence with Tomahawk CreekNone*874
Tributary No. 6At confluence with Tomahawk CreekNone*872City of Overland Park.
Approximately 1,850 feet upstream of Confluence with Tomahawk CreekNone*881
Tributary No. 7At confluence with Tomahawk CreekNone*881City of Overland Park.
Just downstream of Metcalf AvenueNone*929
Tributary No. 8At confluence with Tomahawk CreekNone*885City of Overland Park.
Approximately 1,000 feet upstream of Confluence with Tomahawk CreekNone*888
Tributary No. 9At confluence with Tomahawk CreekNone*890City of Overland Park.
Approximately 1,360 feet upstream of Tomahawk CreekNone*900
Tributary No. 10At confluence with Tomahawk CreekNone*900City of Overland Park.
Approximately 1,100 feet upstream of Foster Street*935
Tributary No. 11At confluence with Tomahawk CreekNone*906City of Overland Park.
Approximately 1,380 feet upstream of Confluence with Tomahawk CreekNone*912
Tributary No. 12At confluence with Tomahawk CreekNone*912City of Overland Park.
Approximately 4,700 feet upstream of Antioch RoadNone*955
Tributary No. 12B1At confluence with Tomahawk Creek Tributary No. 12None*920City of Overland Park.
Approximately 2,450 feet upstream of Confluence with Tomahawk CreekNone*938
Tributary No. 13At confluence with Tomahawk CreekNone*929City of Overland Park.
Approximately 900 feet upstream of 148th StreetNone*984
Tributary No. 13B1At confluence with Tomahawk Creek Tributary No. 13None*935City of Overland Park.
Just downstream of Antioch RoadNone*935
Tributary No. 13E1At confluence with Tomahawk Creek Tributary No. 13None*964City of Overland Park.
Approximately 500 feet upstream of Switzer RoadNone*978
Tributary No. 13F1At confluence with Tomahawk Creek Tributary No. 13None*979City of Overland Park.
Approximately 1,100 feet upstream of Confluence with Tomahawk Creek Tributary No. 13None*989
Tributary No. 17At confluence with Tomahawk CreekNone*977City of Overland Park.
Approximately 610 feet upstream of Confluence with Tomahawk CreekNone*981
Tributary No. 18At confluence with Tomahawk CreekNone*989City of Overland Park.
Approximately 1,100 feet downstream of 143rd StreetNone*997
Tributary No. 19At confluence with Tomahawk CreekNone*1,000City of Overland Park.
Approximately 630 feet upstream of Confluence with Tomahawk CreekNone*1,003
Tributary No. 20At confluence with Tomahawk CreekNone*1,011City of Olathe, City of Overland Park.
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Approximately 300 feet upstream of Confluence with Tomahawk CreekNone*1,011
At confluence with Tomahawk CreekNone*1,012City of Olathe.
Tributary No. 21Approximately 760 feet upstream of Confluence with Tomahawk CreekNone*1,014
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.
Send comments to The Honorable Annabeth Surbaugh, Chairman, Johnson County Board of Commissioners, 111 South Cherry, Suite 3300, Olathe, Kansas 66061.
City of Leawood
Maps are available for inspection at the Planning Services Department, 4800 Town Center Drive, Leawood, Kansas.
Send comments to The Honorable Peggy Dunn, Mayor, City of Leawood, 4800 Town Center Drive, Leawood, Kansas 66211.
City of Olathe
Maps are available for inspection at the Planning Department, 100 West Santa Fe, Olathe, Kansas.
Send comments to The Honorable Larry Campbell, Mayor, City of Olathe, P.O. Box 768, Olathe, Kansas 66051-0768.
City of Overland Park
Maps are available for inspection at City Hall, 8500 Santa Fe Drive, Overland Park, Kansas.
Send comments to The Honorable Ed Eilert, Mayor, City of Overland Park, 8500 Santa Fe Drive, Overland Park, Kansas 66313.
TEXAS
Bexar County and Incorporated Areas
Culebra CreekAt confluence with Leon Creek*772*773Bexar County (Uninc. Areas), City of San Antonio.
At Culebra Road*848*849
Just downstream of Galm Road*951*952
Culebra Creek Split:
No. 1At confluence with Culebra CreekNone*796Bexar County (Uninc. Areas), City of San Antonio.
Approximately 830 feet upstream of Tezel RoadNone*808
No. 2At confluence with Culebra Creek (Approximately 200 feet upstream of Tezel Road)None*810Bexar County (Uninc. Areas).
Approximately 3,620 feet upstream of TimberwildeNone*827
No. 3At confluence with Culebra Creek (Approximately 1,530 feet downstream of Charles W. Anderson Loop)None*853Bexar County (Uninc. Areas), City of San Antonio.
At Charles W. Anderson LoopNone*865
French CreekApproximately 1,500 feet upstream of Clyde DentNone*806Bexar County (Uninc. Areas), City of San Antonio.
Approximately 1,040 feet downstream of Mainline DriveNone*832
At Charles W. Anderson Drive*938*936
Approximately 800 feet upstream of Circle North TrailNone*980
Helotes Creek (at San Antonio)At confluence with Culebra Creek*852*853Bexar County (Uninc. Areas). City of San Antonio.
At Leslie Road*914*915
Approximately 320 feet upstream of Bandera Road*1,003*997
Huebner CreekApproximately 220 feet upstream of Ingram Road*763*765Bexar County (Uninc. Areas), City of San Antonio, City of Leon Valley.
At Huebner Road*843*841
Approximately 320 feet upstream of DeZavala RoadNone*966
Huesta CreekAt confluence with Leon Creek*911*915Bexar County (Uninc. Areas), City of San Antonio.
Approximately 2,050 feet upstream of Charles W. Anderson Drive*1,013*1,006
Leon CreekAt U.S. Highway 90*696*693Bexar County (Uninc. Areas), City of San Antonio.
At U.S. Route 161*733*736
Approximately 2,450 feet downstream of Route 16*824*824
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Approximately 1,100 feet upstream of Charles W. Anderson Drive*991*993
Leon Creek OverflowApproximately 1,125 feet downstream of West Prue Road*888*888Bexar County (Uninc. Areas), City of San Antonio.
At Babcock Road*920*918
Approximately 60 feet downstream of West Hausman Road*953*953
Maverick Creek (Babcock Tributary)At confluence with Leon Creek*913*916Bexar County (Uninc. Areas), City of San Antonio.
At Seco Creek Street*1,010*1,014
Approximately 1,750 feet upstream of Babcock RoadNone*1,137
Tributary B to Culebra CreekAt confluence with Culebra CreekNone*920Bexar County (Uninc. Areas).
Approximately 50 feet downstream of Galm RoadNone*950
ADDRESSES
Bexar County (Unincorporated Areas)
Maps are available for inspection at the Bexar County Public Works Department, 233 N. Pecos, Suite 420, San Antonio, Texas.
Send comments to The Honorable Cyndi Taylor Krier, Bexar County Judge, 100 Dolorosa, Suite 101, San Antonio, Texas 78205
City of Leon Valley
Maps are available for inspection at the Leon Valley City Hall, 6400 El Verde Road, San Antonio, Texas.
Send comments to The Honorable Marcy Meffert, Mayor, City of Leon Valley, 6400 El Verde Road, San Antonio, Texas 78328.
City of San Antonio
Maps are available for inspection at Municipal Plaza, 114 W. Commerce, Seventh Floor, San Antonio, Texas.
Send comments to The Honorable Howard W. Peak, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, Texas 78283-3996.

(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”)

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Dated: June 18, 2001.

Robert F. Shea,

Acting Administrator, Federal Insurance Administration and Mitigation.

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[FR Doc. 01-15926 Filed 6-25-01; 8:45 am]

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