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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, 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.

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FOR FURTHER INFORMATION CONTACT:

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

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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.

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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:

Flooding source(s)Location of referenced elevationElevation in feet *(NGVD)Communities affected
EffectiveModified
CALIFORNIA
Merced County, and Incorporated Areas.
Bear CreekAt McKee Road*183*183Merced County (Uninc. Areas).
Just upstream of Bear Creek DriveNone*225
Black Rascal Diversion ChannelAt confluence with Bear CreekNone*199Merced County (Uninc. Areas).
Approximately 3,700 feet upstream East Olive AvenueNone*202
Local PondingNortheast of the intersection of East Childs Avenue and Fairfield CanalNone*200Merced County (Uninc. Areas), City of Merced.
Northeast of the intersection of Mission Avenue and South Arboleda DriveNone*200
Local PondingNortheast of the intersection of East Childs Avenue and Tower RoadNone*196Merced County (Uninc. Areas), City of Merced.
Southeast of the intersection of Le Grand Road and US Highway 99None*196
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Northeast of the intersection of Gerarad Avenue and the Fairfield CanalNone*196
Local PondingNortheast of the intersection of Mission Avenue and the Fairfield CanalNone*193Merced County (Uninc. Areas).
Local PondingNortheast of the intersection of East Childs Avenue and Kirby RoadNone*191City of Merced.
Local PondingNorthwest of the intersection of State Highway 140 and Easy StreetNone*190Merced County (Uninc. Areas), City of Merced.
Local PondingSoutheast of the intersection of US Highway 99 and Mariposa WayNone*189Merced County (Uninc. Areas).
Local PondingNortheast and Southeast of the Intersection of East Childs Avenue and the Hartley Bradley LateralNone*186Merced County (Uninc. Areas), City of Merced.
Local PondingSoutheast of the intersection of US Highway 99 and Vassar AvenueNone*183Merced County (Uninc. Areas).
Local PondingSoutheast of the intersection of US Highway 99 and Mission AvenueNone*179Merced County (Uninc. Areas).
Northeast of the intersection of Sandy Mush Road and Givens-Lustre RoadNone*179
Local PondingNortheast and Southeast of the intersection of US Highway 99 and McHenry RoadNone*185Merced County (Uninc. Areas).
Local PondingSoutheast of the intersection of East Childs Avenue and Carol AvenueNone*176City of Merced.
Local PondingNortheast of the intersection of Mission Avenue and Tyler RoadNone*165Merced County (Uninc. Areas).
Local PondingNortheast of the intersection of Healy Road and Deadman CreekNone*164Merced County (Uninc. Areas).
Local PondingNortheast of the intersection of State Highway 59 and Duck SloughNone*151Merced County (Uninc. Areas).
Local PondingNortheast of the intersection of Mariposa Way and Burchell AvenueNone*237Merced County (Uninc. Areas).
Local PondingNortheast of the intersection of Gerard Avenue and Plainsburg AvenueNone*226Merced County (Uninc. Areas).
Local PondingSoutheast of the intersection of Kadota Avenue and Plainsburg RoadNone*222Merced County (Uninc. Areas).
Shallow FloodingFrom the intersection of Woodland Avenue South and West to State Highway 59None#1Merced County (Uninc. Areas), City of Merced.
From the AT & SF Railroad West to State Highway 59None#1
Shallow FloodingFrom the AT & SF Railroad West to State Highway 59None#2Merced County (Uninc. Areas).
Shallow FloodingNortheast of the intersection of State Highway 59 and Duck SloughNone#3Merced County (Uninc. Areas).
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.
StateCity/town/countySource of floodingLocation#Depth in feet above ground. *Elevation in feet. (NGVD)
ExistingModified
HawaiiHawaii CountyKaluiiki BranchAt confluence of Waipahoehoe Stream and Alenaio StreamNone*754
Approximately 200 feet upstream of Akala RoadNone*860
Waipahoehoe StreamAt confluence with Kaluiiki Branch and Alenaio StreamNone*754
Approximately 100 feet upstream of Akala RoadNone*811
Alenaio StreamJust 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.
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Start Printed 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.

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

BILLING CODE 6718-04-P