[Federal Register Volume 67, Number 24 (Tuesday, February 5, 2002)]
[Rules and Regulations]
[Pages 5232-5234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2665]


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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 67


Final Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Final rule.

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SUMMARY: Base (1% annual chance) Flood Elevations (BFEs) and modified 
BFEs are made final for the communities listed below. The BFEs and 
modified BFEs are the basis for the floodplain management measures that 
each 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).

EFFECTIVE DATE: The date of issuance of the Flood Insurance Rate Map 
(FIRM) showing BFEs and modified BFEs for each community. This date may 
be obtained by contacting the office where the FIRM is available for 
inspection as indicated in the table below.

ADDRESSES: The final 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.

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

SUPPLEMENTARY INFORMATION: FEMA makes the final determinations listed 
below of BFEs and modified BFEs for each community listed. The proposed 
BFEs and proposed modified BFEs were published in newspapers of local 
circulation and an opportunity for the community or individuals to 
appeal the proposed determinations to or through the community was 
provided for a period of ninety (90) days. The proposed BFEs and 
proposed modified BFEs were also published in the Federal Register.
    This final rule is issued in accordance with section 110 of the 
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 
67.
    FEMA has developed criteria for floodplain management in floodprone 
areas in accordance with 44 CFR part 60.
    Interested lessees and owners of real property are encouraged to 
review the proof Flood Insurance Study and FIRM available at the 
address cited below for each community.
    The BFEs and modified BFEs are made final in the communities listed 
below. Elevations at selected locations in each community are shown.

National Environmental Policy Act

    This 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 and Mitigation 
Administration certifies that this rule is exempt from the requirements 
of the Regulatory Flexibility Act because final 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 final 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 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 amended to read 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. 67.11  [Amended]

    2. The tables published under the authority of Sec. 67.11 are 
amended as follows:

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                                 #Depth in feet
                                  above ground.
Source of flooding and location   *Elevation in                        Communities affected
                                   feet (NGVD)
----------------------------------------------------------------------------------------------------------------
             KANSAS
 
    FEMA Docket No. (B-7414)
Tomahawk Creek:
    Approximately 3,500 feet               *850  Johnson County (Uninc. Areas), City of Leawood, City of
     upstream of confluence                       Overland Park, City of Olathe.
     with Indian Creek Creek.              *866
    Approximately 1,600 feet             *1,007
     downstream of Roe Avenue.
    Just downstream of Pflumm
     Road.
    Approximately 4,800 feet
     upstream of a Pflumm Road.
Towahawk Creek Tributary No. 2:
    At confluence with Tomahawk            *853  Johnson County (Uninc. Areas), City of Leawood.
     Creek.                                *859
    Approximately 1,200 feet
     upstream of confluence
     with Towahawk Creek.
Tomahawk Creek Tributary No. 3:
    At confluence with Tomahawk            *859  Johnson County (Uninc. Areas), City of Leawood.
     Creek.                                *860
    Approximately 1,300 feet
     upstream of confluence
     with Tomahawk Creek.

[[Page 5233]]

 
Tomahawk Creek Tributary No. 4:
    At confluence with Tomahawk            *864  Johnson County (Uninc. Areas), City of Leawood.
     Creek.                                *866
    Approximately 1,500 feet
     upstream of confluence
     with Tomahawk Creek.
Tomahawk Creek Tributary No. 5:
    At confluence with Tomahawk            *872  Johnson County (Uninc. Areas), City of Leawood.
     Creek.                                *874
    Approximately 1,200 feet
     upstream of confluence
     with Tomahawk Creek.
Tomahawk Creek Tributary No. 6:
    At confluence with Tomahawk            *872  Johnson County (Uninc. Areas), City of Overland Park.
     Creek.                                *881
    Approximately 1,850 feet
     upstream of confluence
     with Tomahawk Creek.
Tomahawk Creek Tributary No. 7:
    At confluence with Tomahawk            *881  Johnson County (Uninc. Areas), City of Overland Park.
     Creek.                                *929
    Just downstream of Metcalf
     Avenue.
Tomahawk Creek Tributary No. 8:
    At confluence with Tomahawk            *885  Johnson County (Uninc. Areas), City of Overland Park.
     Creek.                                *888
    Approximately 1,000 feet
     upstream of confluence
     with Tomahawk Creek.
Tomahawk Creek Tributary No. 9:
    At confluence with Tomahawk            *890  Johnson County (Uninc. Areas), City of Overland Park.
     Creek.                                 900
    Approximately 1,360 feet
     upstream of Tomahawk Creek.
Tomahawk Creek Tributary No.
 10:
    At confluence with Tomahawk            *900  Johnson County (Uninc. Areas), City of Overland Park.
     Creek.                                *935
    Approximately 1,100 feet
     upstream of Foster Street.
Tomahawk Creek Tributary No.
 11:
    At confluence with Tomahawk            *906  Johnson County (Uninc. Areas), City of Overland Park.
     Creek.                                *912
    Approximately 1,380 feet
     upstream of confluence
     with Tomahawk Creek.
Tomahawk Creek Tributary No.
 12:
    At confluence with Tomahawk            *912  Johnson County (Uninc. Areas), City of Overland Park.
     Creek.                                *955
    Approximately 4,700 feet
     upstream of Antioch Road.
Tomahawk Creek Tributary No.
 12B1:
    At confluence with Tomahawk            *920  Johnson County (Uninc. Areas), City of Overland Park.
     Creek Tributary No. 12.               *938
    Approximately 2,450 feet
     upstream of confluence
     with Tomahawk Creek.
Tomahawk Creek Tributary No.
 13:
    At confluence with Tomahawk            *929  Johnson County (Uninc. Areas), City of Overland Park.
     Creek.                                *984
    Approximately 900 feet
     upstream of 148th Street.
Tomahawk Creek Tributary No.
 13B1:
    At confluence with Tomahawk            *935  Johnson County (Uninc. Areas), City of Overland Park.
     Creek Tributary No. 13.               *935
    Just downstream of Antioch
     Road.
Tomahawk Creek Tributary No.
 13E1:
    At confluence with Tomahawk            *964  Johnson County (Uninc. Areas), City of Overland Park.
     Creek Tributary No. 13.               *978
    Approximately 500 feet
     upstream of Switzer Road.
Tomahawk Creek Tributary No.
 13F1:
    At confluence with Tomahawk            *979  Johnson County (Uninc. Areas), City of Overland Park.
     Creek Tributary No. 13.               *989
    Approximately 1,100 feet
     upstream of confluence
     with Tomahawk Creek
     Tributary No. 13.
Tomahawk Creek Tributary No.
 17:
    At confluence with Tomahawk            *977  Johnson County (Uninc. Areas), City of Overland Park.
     Creek.                                *981
    Approximately 610 feet
     upstream of confluence
     with Tomahawk Creek.
Tomahawk Creek Tributary No.
 18:
    At confluence with Tomahawk            *989  Johnson County (Uninc. Areas), City of Overland Park.
     Creek.                                *997
    Approximately 1,100 feet
     downstream of 143rd Street.
Tomahawk Creek Tributary No.
 19:
    At confluence with Tomahawk          *1,000  Johnson County (Uninc. Areas), City of Overland Park.
     Creek.                              *1,003
    Approximately 630 feet
     upstream of confluence
     with Tomahawk Creek.
Tomahawk Creek Tributary No.
 20:
    At confluence with Tomahawk          *1,011  Johnson County (Uninc. Areas), City of Overland Park, City of
     Creek.                              *1,011   Olathe.
    Approximately 300 feet
     upstream of confluence
     with Tomahawk Creek.
Tomahawk Creek Tributary No.
 21:
    At confluence with Tomahawk          *1,012  Johnson County (Uninc. Areas), City of Overland Park, City of
     Creek.                              *1,014   Olathe.
    Approximately 760 feet
     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.

[[Page 5234]]

 
City of Leawood: Maps are available for inspection at the Planning Services Department, 4800 Town Center Drive,
  Leawood, Kansas.
City of Olathe: Maps are available for inspection at the Planning Department, 100 West Santa Fe, Olathe, Kansas.
 
City of Overland Park: Maps are available for inspection at City Hall, 8500 Santa Fe Drive, Overland Park,
  Kansas.


(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance.'')
    Dated: January 29, 2002.
Robert F. Shea,
Acting Administrator, Federal Insurance and Mitigation Administration.
[FR Doc. 02-2665 Filed 2-4-02; 8:45 am]
BILLING CODE 6718-04-P