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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.

Start Preamble

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 table below.

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FOR FURTHER INFORMATION CONTACT:

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

SUPPLEMENTARY 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, Start Printed Page 72159and are required to 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.

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Proposed flood elevation determination.

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) ◆Elevation in feet (NAVD)
ExistingModified
IndianaIndianapolis (City) McClain CountyBerkshire CreekAt its confluence with Devon CreekN/A*746
Approximately 150 feet upstream of Marrison PlaceN/A*780
Buffalo CreekJust upstream of West County Line Road*709*707
At East Stop 11 Road*758*754
Devon CreekApproximately 740 feet downstream of Millersville Road*734*733
Approximately 100 feet upstream of Laurel Falls RoadN/A*814
Little Buck CreekApproximately 300 feet downstream of South Tibbs Avenue*670*669
Approximately 75 feet upstream of the furthest upstream crossing of East Engewood AvenueN/A*844
Maps are avaialble for inspection at 2142 City-County Building, 200 East Washington Street, Indianapolis, Indiana.
Send comments to The Honorable Bart Peterson, Mayor, City of Indianapolis, 2501 City-County Building, 200 East Washington Street, Indianapolis, Indiana 46204.
NebraskaWakefield (City) Dixon and Wayne CountiesLogan Creek DredgeApproximately 1.4 miles downstream of State Highway 35None◆1,378
Approximately 0.6 mile upstream of County Road 859None◆1,389
South Logan CreekAt confluence with Logan Creek DredgeNone◆1,387
Approximately 1.2 miles upstream of the confluence with Logan Creek DredgeNone◆1,390
Ponding areas west of State Highway 35 and north of Abandoned Railroad (4)Entire shorelineNone◆1,382
Ponding areas adjacent to State Highway 35 and north of Abandoned Railroad (4)Entire shorelineNone◆1,380
Ponding area east of State Highway 35Entire shorelineNone◆1,376
Ponding area east of State Highway 35 and south of Abandoned RailroadEntire shorelineNone◆1,378
Maps are avaialble for inspection at 405 Main Street, Wakefield, Nebraska.
Send comments to The Honorable Jim Clark, Mayor, City of Wakefield, 405 Main Street, P.O. Box 178, Wakefield, Nebraska 68784.
OklahomaBlanchard (City) Grady and McClain CountiesBridge CreekApproximately 150 feet downstream of County Line RoadNone*1,199
Just downstream of County Line RoadNone*1,199
East Branch Walnut Creek TributaryApproximately 1,675 feet downstream of Southeast 7th StreetNone*1,196
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Approximately 525 feet upstream of Northeast 10th StreetNone*1,270
North Fork Walnut CreekApproxiamtely 2,570 feet downstream of U.S. Highway 62/277None*1,164
Approxiamtely 22,820 feet upstream of U.S. Highway 62/277None*1,201
Stinson CreekApproximately 20 feet downstream of Sandrock RoadNone*1,208
Approxiamtely 1,190 feet upstream of Sandrock RoadNone*1,212
Tributary A2At the confluence with West Branch Walnut Creek TributaryNone*1,217
Approxiamtely 3,585 feet upstream of the confluence with West Branch Walnut Creek TributaryNone*1,241
West Branch Walnut Creek TributaryApproximately 4,035 feet downstream of Southeast 7th StreetNone*1,195
Approximately 3,690 feet upstream of N2990 RoadNone*1,242
Maps are available for inspection at City Hall, 114 West Broadway, Blanchard, Oklahoma.
Send comments to The Honorable Barbara Harris, Mayor, City of Blanchard, City Hall, 114 West Broadway, Blanchard, Oklahoma 73010.
OklahomaGrady County (Unincorporated Areas)West Branch Walnut Creek TributaryApproximately 160 feet downstream of N2990 RoadNone*1,227
Approximately 4,030 feet upstream of N2990 RoadNone*1,244
Maps are available for inspection at 4th Street and Choctaw Street, Chickasha, Oklahoma.
Send comments to The Honorable Jack Porter, Chairman, Grady County Board of Commissioners, 326 West Chuctaw, Chickasha, Oklahoma 73108.
OklahomaMcAlester (City) Pittsburg CountyTributary AApproximately 4,875 feet downstream of Village Boulevard◆681◆682
Approximately 2,100 feet upstream of Crooked Oak Lane.◆764◆756
Tributary AAAt the confluence with Tributary A.◆697◆698
Approximately 3,275 feet upstream of U.S. Highway 69◆755◆754
Tributary BApproximately 490 feet downstream of South C Street◆690◆687
Tributary BApproximately 300 feet upstream of U.S. Highway 69 Service Road (2nd crossing)None◆741
Tributary CJust upstream of Union Pacific Railroad◆647◆646
Approximately 550 feet upstream of East Monroe Avenue◆687◆686
Tributary DJust upstream of South F Street◆681◆678
Approximatley 1,375 feet upstream of East South Avenue◆725◆726
Tributary DDAt the confluence with Tributary D◆701◆703
Approximately 325 feet upstream of East Seminole AvenueNone◆715
Maps are available for inspection at 28 East Washington Street, McAlester, Oklahoma.
Send comments to The Honorable Dale Covington, Mayor, City of McAlester, 28 East Washington Street, McAlester, Oklahoma 74502.
OklahomaMcClain County (Unincorporated Areas)East Branch Walnut Creek TributaryAt the confluence with West Branch Walnut Creek TributaryNone*1,180
Approximately 2,320 feet upstream of confluence with West Branch Walnut Creek TributaryNone*1,197
North Fork Walnut CreekApproximately 24,660 feet upstream of the confluence with Walnut CreekNone*1,164
Approximately 7,340 feet upstream of State Highway 76None*1,201
Stinson Creek (Lower Reach)At the confluence with North Fork Walnut CreekNone*1,175
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Approximately 6,500 feet upstream of Quailhaven RoadNone*1,208
West Branch Walnut Creek TirubtaryApproximately 3,350 feet upstream of the confluence with Walnut CreekNone*1,171
Approximately 2,590 feet upstream of Tyler AvenueNone*1,206
Maps are available for inspection at 501 North Street, Purcell, Oklahoma.
Send comments to The Honorable Loyd Tucker, Chairman, McClain County Board of Commissioners, 501 North Street, P.O. Box 629, Purcell, Oklahoma 73080.
TexasEagle Pass (City) Maverick CountyEagle Pass CreekAt the confluence with Rio Grande.*712*716
Approximately 200 feet upstream of Vista Hermosa DriveNone*790
Eagle Pass Creek Tributary 1Just upstream of Union Pacific Railroad*727*726
Approximately 330 feet upstream of Travis Street*743*741
Eagle Pass Creek Tributary 2Just upstream of the confluence with Eagle Pass Creek*743741
Approximately 2,100 feet upstream of North Bibb AvenueNone*799
Rio GrandeApproximately 1,950 feet downstream of International Union Pacific Railroad Bridge*709*710
Approximately 1,950 feet upstream of East Garrison Street*719*722
Tributary to East Seco CreekApproximately 100 feet downstream of U.S. Highway 277None*736
Approximately 1,185 feet upstream of U.S. Highway 277None*744
Unnamed Tributary of Rio GrandeApproximately 1,620 feet downstream of FM 3443 (1st Crossing)None*739
Approximately 1,620 feet upstream of East Main StreetNone*772
Maps are available for inspection at City Hall, 100 South Monroe Street, Eagle Pass, Texas.
Send comments to The Honorable Chad Foster, Mayor, City of Eagle Pass, City Hall, 100 South Monroe Street, Eagle Pass, Texas 78852.
WisconsinManitowoc (City)Manitowoc RiverAt South 10th Street*584*585
Manitowoc CountyApproximately 2,550 feet downstream of Michigan Avenue*603*604
Maps area available for inspection at the Manitowoc City Hall, 900 Quay Street, Manitowoc, Wisconsin.
Send comments to The Honorable Kevin Crawford, Mayor, City of Manitowoc, 900 Quay Street, Manitowoc, Wisconsin 54220.
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(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”)

Dated: December 7, 2004.

David I. Maurstad,

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

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[FR Doc. 04-27245 Filed 12-10-04; 8:45 am]

BILLING CODE 9110-12-P