[Federal Register Volume 66, Number 123 (Tuesday, June 26, 2001)]
[Proposed Rules]
[Pages 33933-33936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15926]


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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 67

[Docket No. FEMA-B-7414]


Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Proposed rule.

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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.

FOR FURTHER INFORMATION CONTACT: Matthew B. Miller, P.E., Chief, 
Hazards Study Branch, Mitigation Directorate, FEMA, 500 C Street SW., 
Washington, DC 20472, (202) 646-3461, or (e-mail) [email protected].

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 Administration and Mitigation 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.

List of Subjects in 44 CFR Part 67

    Administrative practice and procedure, Flood insurance, Reporting 
and recordkeeping requirements.

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

PART 67--[AMENDED]

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

    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, Sec. 67.4

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

BILLING CODE 6718-04-P

[[Page 33934]]



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                                                                   Elevation in feet
                                       Location of referenced           *(NGVD)
         Flooding source(s)                  elevation        --------------------------   Communities affected
                                                                Effective     Modified
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                                                     Kansas
                                      Johnson County and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Tomahawk Creek......................  Approximately 3,500             *849         *850  City of Leawood, City
                                       feet upstream of                                   of Overland Park, City
                                       confluence with Indian                             of Olathe.
                                       Creek.
                                      Approximately 1,600             *865         *866
                                       feet downstream of Roe
                                       Avenue.
                                      Just downstream of            *1,005       *1,007
                                       Pflumm Road.
                                      Approximately 4,800             None       *1,034
                                       feet upstream of
                                       Pflumm Road.
    Tributary No. 2.................  At confluence with              None         *853  City of Leawood.
                                       Tomahawk Creek.
                                      Approximately 1,200             None         *859
                                       feet upstream of
                                       Confluence with
                                       Tomahawk Creek.
    Tributary No. 3.................  At confluence with              None         *859  City of Leawood.
                                       Tomahawk Creek.
                                      Approximately 1,300             None         *860
                                       feet upstream of
                                       confluence with
                                       Tomahawk Creek.
    Tributary No. 4.................  At confluence with              None         *864  City of Leawood.
                                       Tomahawk Creek.
                                      Approximately 1,500             None         *866
                                       feet upstream of
                                       confluence with
                                       Tomahawk Creek.
    Tributary No. 5.................  At confluence with              None         *872  City of Leawood.
                                       Tomahawk Creek.
                                      Approximately 1,200             None         *874
                                       feet upstream of
                                       Confluence with
                                       Tomahawk Creek.
    Tributary No. 6.................  At confluence with              None         *872  City of Overland Park.
                                       Tomahawk Creek.
                                      Approximately 1,850             None         *881
                                       feet upstream of
                                       Confluence with
                                       Tomahawk Creek.
    Tributary No. 7.................  At confluence with              None         *881  City of Overland Park.
                                       Tomahawk Creek.
                                      Just downstream of              None         *929
                                       Metcalf Avenue.
    Tributary No. 8.................  At confluence with              None         *885  City of Overland Park.
                                       Tomahawk Creek.
                                      Approximately 1,000             None         *888
                                       feet upstream of
                                       Confluence with
                                       Tomahawk Creek.
    Tributary No. 9.................  At confluence with              None         *890  City of Overland Park.
                                       Tomahawk Creek.
                                      Approximately 1,360             None         *900
                                       feet upstream of
                                       Tomahawk Creek.
    Tributary No. 10................  At confluence with              None         *900  City of Overland Park.
                                       Tomahawk Creek.
                                      Approximately 1,100      ...........         *935
                                       feet upstream of
                                       Foster Street.
    Tributary No. 11................  At confluence with              None         *906  City of Overland Park.
                                       Tomahawk Creek.
                                      Approximately 1,380             None         *912  .......................
                                       feet upstream of
                                       Confluence with
                                       Tomahawk Creek.
    Tributary No. 12................  At confluence with              None         *912  City of Overland Park.
                                       Tomahawk Creek.
                                      Approximately 4,700             None         *955  .......................
                                       feet upstream of
                                       Antioch Road.
    Tributary No. 12B1..............  At confluence with              None         *920  City of Overland Park.
                                       Tomahawk Creek
                                       Tributary No. 12.
                                      Approximately 2,450             None         *938  .......................
                                       feet upstream of
                                       Confluence with
                                       Tomahawk Creek.
    Tributary No. 13................  At confluence with              None         *929  City of Overland Park.
                                       Tomahawk Creek.
                                      Approximately 900 feet          None         *984  .......................
                                       upstream of 148th
                                       Street.
    Tributary No. 13B1..............  At confluence with              None         *935  City of Overland Park.
                                       Tomahawk Creek
                                       Tributary No. 13.
                                      Just downstream of              None         *935  .......................
                                       Antioch Road.
    Tributary No. 13E1..............  At confluence with              None         *964  City of Overland Park.
                                       Tomahawk Creek
                                       Tributary No. 13.
                                      Approximately 500 feet          None         *978  .......................
                                       upstream of Switzer
                                       Road.
    Tributary No. 13F1..............  At confluence with              None         *979  City of Overland Park.
                                       Tomahawk Creek
                                       Tributary No. 13.
                                      Approximately 1,100             None         *989  .......................
                                       feet upstream of
                                       Confluence with
                                       Tomahawk Creek
                                       Tributary No. 13.
    Tributary No. 17................  At confluence with              None         *977  City of Overland Park.
                                       Tomahawk Creek.
                                      Approximately 610 feet          None         *981  .......................
                                       upstream of Confluence
                                       with Tomahawk Creek.
    Tributary No. 18................  At confluence with              None         *989  City of Overland Park.
                                       Tomahawk Creek.
                                      Approximately 1,100             None         *997  .......................
                                       feet downstream of
                                       143rd Street.
    Tributary No. 19................  At confluence with              None       *1,000  City of Overland Park.
                                       Tomahawk Creek.
                                      Approximately 630 feet          None       *1,003  .......................
                                       upstream of Confluence
                                       with Tomahawk Creek.
    Tributary No. 20................  At confluence with              None       *1,011  City of Olathe, City of
                                       Tomahawk Creek.                                    Overland Park.

[[Page 33935]]

 
                                      Approximately 300 feet          None       *1,011
                                       upstream of Confluence
                                       with Tomahawk Creek.
                                      At confluence with              None       *1,012  City of Olathe.
                                       Tomahawk Creek.
    Tributary No. 21................  Approximately 760 feet          None       *1,014
                                       upstream of Confluence
                                       with Tomahawk Creek.
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                                                    ADDRESSES
                                      Johnson County (Unincorporated Areas)
 
Maps are available for inspection at the Department of Planning, Development and Codes, 111 South Cherry, Suite
 3500, Olathe, Kansas.
 
Send comments to The Honorable Annabeth Surbaugh, Chairman, Johnson County Board of Commissioners, 111 South
 Cherry, Suite 3300, Olathe, Kansas 66061.
 
City of Leawood
 
Maps are available for inspection at the Planning Services Department, 4800 Town Center Drive, Leawood, Kansas.
 
Send comments to The Honorable Peggy Dunn, Mayor, City of Leawood, 4800 Town Center Drive, Leawood, Kansas
 66211.
 
City of Olathe
 
Maps are available for inspection at the Planning Department, 100 West Santa Fe, Olathe, Kansas.
 
Send comments to The Honorable Larry Campbell, Mayor, City of Olathe, P.O. Box 768, Olathe, Kansas 66051-0768.
 
City of Overland Park
 
Maps are available for inspection at City Hall, 8500 Santa Fe Drive, Overland Park, Kansas.
 
Send comments to The Honorable Ed Eilert, Mayor, City of Overland Park, 8500 Santa Fe Drive, Overland Park,
 Kansas 66313.
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                                                      TEXAS
                                       Bexar County and Incorporated Areas
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Culebra Creek.......................  At confluence with Leon         *772         *773  Bexar County (Uninc.
                                       Creek.                                             Areas), City of San
                                                                                          Antonio.
                                      At Culebra Road........         *848         *849
                                      Just downstream of Galm         *951         *952
                                       Road.
Culebra Creek Split:
    No. 1...........................  At confluence with              None         *796  Bexar County (Uninc.
                                       Culebra Creek.                                     Areas), City of San
                                                                                          Antonio.
                                      Approximately 830 feet          None         *808
                                       upstream of Tezel Road.
    No. 2...........................  At confluence with              None         *810  Bexar County (Uninc.
                                       Culebra Creek                                      Areas).
                                       (Approximately 200
                                       feet upstream of Tezel
                                       Road).
                                      Approximately 3,620             None         *827
                                       feet upstream of
                                       Timberwilde.
    No. 3...........................  At confluence with              None         *853  Bexar County (Uninc.
                                       Culebra Creek                                      Areas), City of San
                                       (Approximately 1,530                               Antonio.
                                       feet downstream of
                                       Charles W. Anderson
                                       Loop).
                                      At Charles W. Anderson          None         *865
                                       Loop.
French Creek........................  Approximately 1,500             None         *806  Bexar County (Uninc.
                                       feet upstream of Clyde                             Areas), City of San
                                       Dent.                                              Antonio.
                                      Approximately 1,040             None         *832
                                       feet downstream of
                                       Mainline Drive.
                                      At Charles W. Anderson          *938         *936
                                       Drive.
                                      Approximately 800 feet          None         *980
                                       upstream of Circle
                                       North Trail.
Helotes Creek (at San Antonio)......  At confluence with              *852         *853  Bexar County (Uninc.
                                       Culebra Creek.                                     Areas). City of San
                                                                                          Antonio.
                                      At Leslie Road.........         *914         *915
                                      Approximately 320 feet        *1,003         *997
                                       upstream of Bandera
                                       Road.
Huebner Creek.......................  Approximately 220 feet          *763         *765  Bexar County (Uninc.
                                       upstream of Ingram                                 Areas), City of San
                                       Road.                                              Antonio, City of Leon
                                                                                          Valley.
                                      At Huebner Road........         *843         *841
                                      Approximately 320 feet          None         *966
                                       upstream of DeZavala
                                       Road.
Huesta Creek........................  At confluence with Leon         *911         *915  Bexar County (Uninc.
                                       Creek.                                             Areas), City of San
                                                                                          Antonio.
                                      Approximately 2,050           *1,013       *1,006
                                       feet upstream of
                                       Charles W. Anderson
                                       Drive.
Leon Creek..........................  At U.S. Highway 90.....         *696         *693  Bexar County (Uninc.
                                                                                          Areas), City of San
                                                                                          Antonio.
                                      At U.S. Route 161......         *733         *736
                                      Approximately 2,450             *824         *824
                                       feet downstream of
                                       Route 16.

[[Page 33936]]

 
                                      Approximately 1,100             *991         *993
                                       feet upstream of
                                       Charles W. Anderson
                                       Drive.
Leon Creek Overflow.................  Approximately 1,125             *888         *888  Bexar County (Uninc.
                                       feet downstream of                                 Areas), City of San
                                       West Prue Road.                                    Antonio.
                                      At Babcock Road........         *920         *918
                                      Approximately 60 feet           *953         *953
                                       downstream of West
                                       Hausman Road.
Maverick Creek (Babcock Tributary)..  At confluence with Leon         *913         *916  Bexar County (Uninc.
                                       Creek.                                             Areas), City of San
                                                                                          Antonio.
                                      At Seco Creek Street...       *1,010       *1,014
                                      Approximately 1,750             None       *1,137
                                       feet upstream of
                                       Babcock Road.
Tributary B to Culebra Creek........  At confluence with              None         *920  Bexar County (Uninc.
                                       Culebra Creek.                                     Areas).
                                      Approximately 50 feet           None         *950
                                       downstream of Galm
                                       Road.
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                                                    ADDRESSES
                                       Bexar County (Unincorporated Areas)
 
Maps are available for inspection at the Bexar County Public Works Department, 233 N. Pecos, Suite 420, San
 Antonio, Texas.
Send comments to The Honorable Cyndi Taylor Krier, Bexar County Judge, 100 Dolorosa, Suite 101, San Antonio,
 Texas 78205
 
City of Leon Valley
 
Maps are available for inspection at the Leon Valley City Hall, 6400 El Verde Road, San Antonio, Texas.
Send comments to The Honorable Marcy Meffert, Mayor, City of Leon Valley, 6400 El Verde Road, San Antonio, Texas
 78328.
 
City of San Antonio
 
Maps are available for inspection at Municipal Plaza, 114 W. Commerce, Seventh Floor, San Antonio, Texas.
 Send comments to The Honorable Howard W. Peak, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, Texas
 78283-3996.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance.'')

    Dated: June 18, 2001.
Robert F. Shea,
Acting Administrator, Federal Insurance Administration and Mitigation.
[FR Doc. 01-15926 Filed 6-25-01; 8:45 am]
BILLING CODE 6718-04-M