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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 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.

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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.Start Printed Page 52977

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.

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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§ 67.4

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 ◆ (NAVD)
ExistingModified
NMSilver City (Town) Grant CountyCentral ArroyoAt the confluence with Maude's CreekNone◆6,013
Approximately 7,770 feet upstream of the confluence with Maude's CreekNone◆6,193
Cottonwood CreekApproximately 800 feet upstream of the confluence with Silva CreekNone◆5,953
Approximately 190 feet upstream of Cain DriveNone◆6,067
Maude's CreekApproximately 210 feet downstream of U.S. Route 180◆5,997◆6,000
Approximately 6,100 feet upstream of U.S. Route 180None◆6,125
Pinos Altos CreekApproximately 1,200 feet upstream of 32nd Street◆6,040◆6,042
Approximately 3,770 feet upstream of confluence of Tributary 8 to Pinos Altos CreekNone◆6,141
Tributary 2 to Maude's Creek (Lower to Reach)Approximately 16,260 feet upstream of the confluence with Maude's CreekNone◆5,853
Approximately 17,340 feet upstream of the confluence with Maude's CreekNone◆5,868
Tributary 2 to Maude's Creek (Upper Reach)Approximately 590 feet upstream of U.S. Route 180None◆6,047
Approximately 5,020 feet upstream of 32nd Street BypassNone◆6,227
Tributary 8 to Pinos Altos CreekAt the confluence with Pinos Altos CreekNone◆6,053
Approximately 1,310 feet upstream of 40th StreetNone◆6,145
Maps are available for inspection at the City Annex Building, 1211 North Hudson Street, Silver City, New Mexico.
Send comments to The Honorable Terry Fortenberry, Mayor, Town of Silver City, 101 West Broadway, Silver City, New Mexico 88062-1188.
OHFindlay (City) Hancock CountyBlanchard RiverApproximately 70 feet upstream of Central Parkway◆779◆778
Approximately 1,120 feet upstream of the confluence of Rush Creek◆783◆781
Eage CreekAt the confluence with Blanchard River◆779◆778
Approximately 110 feet upstream of Highway 68◆794◆792
Eagle Creek OverflowAt the confluence Lye CreekN/A◆779
Approximately 1,250 feet upstream of Blanchard AvenueN/A◆780
Rush CreekAt the confluence with Blanchard River◆782◆781
Approximately 3,570 feet upstream of the confluence with Blanchard River◆782◆781
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Maps are available for inspection at the Community Map Repository, City of Findlay, Municipal Building, Room 306, 318 Dorney Plaza, Findlay, Ohio.
Send comments to The Honorable Anthony P. Iriti, Mayor, City of Findlay, Municipal Building, Room 310, 318 Dorney Plaza, Findlay, Ohio 45840.
TXLufkin (City) Angelina CountyBiloxi Creek North TributaryApproximately 2,860 feet downstream of State Highway 287None◆306
Approximately 210 feet upstream of State Highway 287None◆329
Biloxi Creek South TributaryApproximately 640 feet downstream of Lemans DriveNone◆303
Approximately 1,660 feet upstream of Lemans DriveNone◆319
Cedar CreekAt Gobblers Knob Road◆237◆238
Approximately 100 upstream of Union Pacific RailroadNone◆299
Cedar Creek North TributaryAt confluence with Cedar Creek◆277◆276
Approximately 50 feet upstream of Lotus LaneNone◆286
Cedar Creek South TributaryAt confluence with Cedar Creek◆254◆253
Approximately 1,350 feet upstream of Berry RoadNone◆287
Cedar Creek Tributary 3At confluence with Cedar Creek◆237◆240
Approximately 80 feet upstream of Live Oak LaneNone◆266
One Eye CreekApproximately 2,120 feet downstream of Bartmess DriveNone◆289
Approximately 3,900 feet upstream of Bartmess DriveNone◆309
Shirley CreekApproximately 7,350 feet upstream of the confluence with Paper Mill CreekNone◆232
Approximately 50 feet upstream of Trenton StreetNone◆297
Shirley Creek Tributary 2At the confluence with Shirley Creek◆259◆260
Approximately 1,600 feet upstream of State Highway 237None◆310
Shriely Creek Tributary 2 East BranchAt confluence with Shirely Creek Tributary 2None◆277
Approximately 970 feet upstream of Freeman StreetNone◆297
Maps are available for inspection at City Hall, 300 Shepherd Street, Lufkin, Texas.
Send comments to The Honorable Louis A. Bronaugh, Mayor, City of Lufkin, 300 Shepherd Street, Lufkin, Texas 75902.

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

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Dated: August 30, 2005.

David I. Maurstad,

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

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[FR Doc. 05-17623 Filed 9-2-05; 8:45 am]

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