[Federal Register Volume 68, Number 97 (Tuesday, May 20, 2003)]
[Proposed Rules]
[Pages 27514-27515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12580]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-P-7631]


Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency (FEMA), Emergency 
Preparedness and Response Directorate, Department of Homeland Security.

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 table below.

FOR FURTHER INFORMATION CONTACT: Mary Jean Pajak, Federal Emergency 
Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-
2831.

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, 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.

List of Subjects in 44 CFR Part 67

    Administrative practice and procedure, flood insurance, reporting 
and record keeping 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  [Amended]

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

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                                            *Elevation in feet
   Source of flooding and location of             (NAVD)
          referenced elevation          --------------------------              Communities affected
                                           Existing     Modified
----------------------------------------------------------------------------------------------------------------
Mile Branch:
    Approximately 1,320 feet downstream         None         *993  City of Bolivar, Polk County
     of the Burlington Northern & Santa                            (Unincorporated Areas).
     Fe Railway.
    Approximately 1,050 feet upstream           None       *1,075  .............................................
     of 103rd Road.
Mile Branch Tributary No. 2:
    Approximately 775 feet downstream           None       *1,005  City of Bolivar, Polk County
     of West Parkview.                                             (Unincorporated Areas).
    Approximately 1,520 feet upstream           None       *1,046  .............................................
     of West Parkview.
Mile Branch Tributary No. 3:
    At confluence with Mile Branch.....         None       *1,012  City Bolivar.
    At Limit of Detailed Study.........         None       *1,056  .............................................

[[Page 27515]]

 
Mile Branch Tributary No. 4:
    At confluence with Mile Branch.....         None       *1,024  City Bolivar.
    At Limit of Detailed Study.........         None       *1,060  .............................................
Mile Branch Tributary No. 6:
    At confluence with Mile Branch.....         None       *1,046  City Bolivar.
    At Limit of Detailed Study.........         None       *1,064  .............................................
Mile Branch Tributary No. 7:
    At confluence with Mile Branch.....         None       *1,068  City Bolivar.
    At Limit of Detailed Study.........         None       *1,078  .............................................
Southern Tributary to Town Branch:
    Approximately 2,440 feet downstream         None         *996  City of Bolivar, Polk County
     of Buffalo Street.                                            (Unincorporated Areas).
    Approximately 600 feet upstream of          None       *1,052  .............................................
     Circle Drive.
Southern Tributary to Town Branch--
 Tributary No. 1:
    At confluence with Southern                 None       *1,036  City Bolivar.
     Tributary to Town Branch.
    At Limit of Detailed Study.........         None       *1,061  .............................................
Town Branch:
    Approximately 1,750 feet downstream         None         *980  City of Bolivar, Polk County
     of Broadway Street (State Highway                             (Unincorporated Areas).
     32).
    Approximately 1,500 feet upstream           None       *1,081  .............................................
     of Lakewood Drive.
Town Branch Tributary No. 1:
    Approximately 150 feet downstream           None       *1,027  City Bolivar.
     of East Walnut Street.
    Approximately 50 feet upstream of           None       *1,049  .............................................
     Buffalo Street.
Town Branch Tributary No. 2:
    Approximately 135 feet downstream           None       *1,033  City Bolivar.
     from Jefferson Street.
    At Burlington Northern & Santa Fe           None       *1,055  .............................................
     Railway.
Town Branch Tributary No. 3:
    At confluence with Town Branch.....         None       *1,070  City Bolivar.
    At Limit of Detailed Study.........         None       *1,081
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  Polk County (Unincorporated Areas)
 
  Maps available for inspection at 102 East Broadway Street, Room 11, Bolivar, MO.
 
  Send comments to Mr. Denzil Roberts, Presiding Commissioner, 102 East Broadway Street, Room 12, Bolivar, MO
   65613.
 
  City of Bolivar
 
  Maps available for inspection at City Hall, 345 South Main Street, Bolivar, MO.
 
  Send comments to the Honorable Charles Ealy, City Hall, 345 South Main Street, Bolivar, MO 65613.
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 *North American Vertical Datum.

(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance'')

    Dated: May 9, 2003.
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response 
Directorate.
[FR Doc. 03-12580 Filed 5-19-03; 8:45 am]
BILLING CODE 6718-04-P