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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, Federal Insurance and Mitigation Administration, 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 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.

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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:

StateCity/town/countySource of floodingLocation#Depth in feet above ground. *Elevation in feet. (NGVD)
ExistingModified
WashingtonCity of Anacortes, Skagit CountyBurrows BayAlong shoreline to Fidalgo Head including Burrows PassNone*7
Guemes ChannelAlong shoreline from Shannon Point to Fidalgo BayNone*9
Fidalgo BayAlong shoreline to Guemes ChannelNone*7
Rosario StraitAlong shoreline from Fidalgo Head to Shannon PointNone*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.
WyomingTown of Dubois, FreemontWind RiverApproximately 3,380 feet upstream of State Highway 26None+6,882
Approximately 450 feet upstream of Soda Springs DriveNone+6,983
Horse CreekAt confluence with Wind RiverNone+6,912
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Approximately 1,950 feet upstream of Clendenning StreetNone+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 CountyWind RiverApproximately 2,400 feet upstream of State Highway 26None+6,878
Approximately 2,200 feet upstream of Soda Springs DriveNone+6,993
Horse CreekApproximately 2,000 feet upstream of Clendenning StreetNone+6,954
Approximately 1,950 feet upstream of Clendenning StreetNone+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.
Flooding source(s)Location of referenced elevationElevation in feet (*NGVD)Communities affected
EffectiveModified
KANSAS
Sedgwick County, Kansas and Incoporated Areas
Middle Fork Chisholm CreekApproximately 100 feet downstream of Oliver StreetNone*1,363City of Kechi.
Just upstream of Kechi RoadNone*1,372
# Depth in feet above ground
ADDRESSES
City of Kechi:
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 RiverApproximately 4,400 feet upstream of Washington StreetNone*1,252City of Derby.
Cowskin CreekApproximately 3,500 feet downstream of State Highway 42None*1,297City of Wichita.
Approximately 800 feet downstream of State Highway 42None*1,300
Approximately 3,400 feet downstream Kansas Southwest RailroadNone*1,279Sedgewick County.
Just downstream of 21st StreetNone*1,345
Approximately 1,550 feet downstream of 53rd Street*1,370*1,370
Approximately 1,500 feet downstream of 53rd Street*1,370*1,370City of Colwich.
Dry Creek North (of Cowskin Creek)Approximately 300 feet upstream of 21st StreetNone*1,346Sedgewick County.
Just downstream of 167th StreetNone*1,386
Dry Creek South (of Cowskin Creek)Approximately 3,500 downstream of Ridge RoadNone*1,292Sedgewick County.
Just downstream of 103rd StreetNone*1,316
Little Arkansas RiverJust downstream of 5th StreetNone*1,339Sedgewick County.
Just downstream of 125th Street*1,374*1,372
Middle Fork Chisholm CreekApproximately 450 feet downstream of State Highway 254None*1,360Sedgewick County.
Approximately 100 feet upstream of Oliver StreetNone*1,367
Spring CreekApproximately 2,850 feet downstream of Atchinson, Topeka, and Santa Fe Railroad*1,242*1,241Sedgewick County.
Approximately 350 feet upstream of Woodlawn Boulevard*1,258*1,258
Spring CreekApproximately 1,550 feet upstream of Rock RoadNone*1,270Sedgewick County.
Just downstream of 63rd StreetNone*1,304
# Depth in feet above ground
ADDRESSES:
Sedgwick County and Unincorporated Areas:
Maps are available for inspection at 1250 South Seneca, Wichita, Kansas.
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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 CreekAt the confluence with the Missouri RiverNone*518City of Hermann.
Approximately 3,400 feet upstream of High School DrivewayNone*530
Approximately 2,100 feet upstream of High School DrivewayNone*527Gasconade County.
Approximately 3,500 feet upstream of High School DrivewayNone*531
# Depth in feet above ground
ADDRESSES:
Gasconade County and Unincorporated Areas:
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 CreekConfluence with Necanicum RiverNone*17Clatsop County
Approximately 5,000 feet upstream of Beerman Creek RoadNone*115
Neawanna CreekJust downstream of 12th Avenue*12*12Clatsop County.
Approximately 1,400 feet downstream of Broadway Drive*13*13
Approximately 1,200 feet South of intersection with U.S. 101 and Old Railroad Grade*16*17
Necanicum RiverApproximately 1,100 feet downstream of Avenue U*13*14Clatsop County.
Just upstream of Howard Johnson Road*34*35
Approximately 1,600 feet downstream of Big Driveway Road*44*44
Approximately 4,000 feet upstream of Big Driveway Road*58*61
Necanicum River OverflowJust upstream of Rippett RoadNone*31Clatsop County.
Approximately 1,000 feet North of the intersection of Oregon Coast Highway and U.S. 26None*41
Upper Neawanna CreekConfluence with Neawanna CreekNone*15Clatsop County.
Approximately 860 feet upstream of Wahanna RoadNone*26
Neawanna CreekJust upstream of 12th Avenue*12*12City of Seaside.
Just upstream of Brodway Drive*12*14
Approximately 1,500 feet upstream of Avenue SNone*16
Necanicum RiverJust downstream of 12th Avenue*11*11City of Seaside.
Just downstream of Avenue G*12*13
Approximately 450 feet downstream U.S. Route 101*28*28
Necanicum River OverflowJust downstream of Rippett RoadNone*31City of Seaside.
# Depth in feet above ground
ADDRESSES:
Clatsop County and Unincorporated Areas:
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.
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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.
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(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”)

Dated: March 13, 2002.

Robert F. Shea,

Acting Administrator, Federal Insurance and Mitigation Administration.

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[FR Doc. 02-6573 Filed 3-18-02; 8:45 am]

BILLING CODE 6718-04-P