Skip to Content

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.

Start Preamble


Federal Emergency Management Agency, Emergency Preparedness and Response Directorate, Department of Homeland Security.


Proposed rule.


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).


The comment period is ninety (90) days following the second publication of this proposed rule in a newspaper of local circulation in each community.


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 table below.

Start Further Info


Doug Bellomo, P.E., Hazard Identification Section, Emergency Preparedness and Response Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-2903.

End Further Info End Preamble Start Supplemental Information


The Federal Emergency Management Agency makes the final determinations listed below for the modified BFEs for each community listed. These modified elevations have been published in newspapers of local circulation and ninety (90) days have elapsed since that publication. The Mitigation Division Director of the Emergency Preparedness and Response Directorate has resolved any appeals resulting from this notification.

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 rule is exempt from the requirements of the Regulatory Flexibility Act because modified base flood elevations are required by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are required to maintain community eligibility in the NFIP. No regulatory flexibility analysis has been prepared. Start Printed Page 40837

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.

Start List of Subjects

List of Subjects in 44 CFR Part 67

  • Administrative practice and procedure
  • Flood insurance
  • Reporting and recordkeeping requirements
End List of Subjects

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

Start Part


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

Start Authority

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.

End Authority

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

Source of flooding and location of referenced elevationElevation in feet (NAVD) 1 existing/modifiedCommunities affected
West Nishnabotna River:
At U.S. Highway 6None—1,077City of Council Bluffs. City of Oakland.
Approximately 4,850 feet upstream of Honeysuckle Road/County Highway G42None—1,088Pottawattamie County.
Mosquito Creek:
Approximately 5,785 feet downstream of Interstate 29None—980Pottawattamie County.
Approximately 1,760 feet downstream of Interstate 29None—983
Mosquito Creek:
Intersection of E. South Omaha Bridge and 192nd StreetNone—#1Pottawattamie County.
Intersection of Basswood Road and 192nd StreetNone—#1
Missouri River:
Approximately 5,250 feet upstream of Interstate 480None—985City of Carter Lake.
Approximately 8,925 feet upstream of Interstate 480None—985
City of Council Bluffs
Maps are available for inspection at the Community Development Office, 403 Willow Street, Council Bluffs, Iowa.
Send comments to The Honorable Thomas P. Hanafan, Mayor, City of Council Bluffs, 209 Pearl Street, Council Bluffs, Iowa 51503.
City of Oakland
Maps are available for inspection at City Hall, 101 North Main Street, Oakland, Iowa.
Send comments to The Honorable Gayle Perkins, Mayor, City of Oakland, 906 Oakland Avenue, Oakland, Iowa 51560.
Pottawattamie County (Unincorporated Areas)
Maps are available for inspection at the County Courthouse, 227 South 6th Street, Council Bluffs, Iowa.
Send comments to Chairman Melvyn Houser, 227 South 6th Street, Council Bluffs, Iowa 51501.
City of Carter Lake
Maps are available for inspection at City Hall, 950 Locust Street, Carter Lake, Iowa.
Send comments to The Honorable Emil Hausner, Mayor, City of Carter Lake, 950 Locust Street, Carter Lake, Iowa 51510.
1 North American Vertical Datum.
Start Signature

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

Dated: June 29, 2004.

David I. Maurstad

Acting Director, Mitigation Division, Emergency Preparedness and Response Directorate.

End Signature End Part End Supplemental Information

[FR Doc. 04-15295 Filed 7-6-04; 8:45 am]