[Federal Register Volume 68, Number 126 (Tuesday, July 1, 2003)]
[Proposed Rules]
[Pages 39042-39044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16539]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-P-7633]


Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, 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 recordkeeping requirements.


[[Page 39043]]


    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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                                                                                                                           Depth in feet above
                                                                                                                            ground. *Elevation in feet.
               State                   City/town/county              Source of flooding                   Location       -------------------------------
                                                                                                                              *(NGVD)     [ssdiam](NAVD)
                                                                                                                             Existing         Modified
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IA................................  Ames (City) Story      College Creek.........................  Approximately 1,400              None            *976
                                     County.                                                        feet downstream of
                                                                                                    South Dakota Avenue.
                                                                                                   Approximately 600                None          *1,016
                                                                                                    feet upstream of
                                                                                                    Wilder Boulevard.
                                                           Skunk River...........................  Approximately 200                *873            *874
                                                                                                    feet downstream of
                                                                                                    Ken Maril Road.
                                                                                                   Approximately 3 miles            None            *904
                                                                                                    upstream of E. 13th
                                                                                                    Street.
                                                           Squaw Creek...........................  Approximately 2,000              *884            *885
                                                                                                    feet downstream of
                                                                                                    S. Duff Avenue.
                                                                                                   Approximately 2,600              None            *911
                                                                                                    feet upstream of
                                                                                                    confluence with
                                                                                                    Onion Creek.
 
   Maps are available for inspection at the Department of Planning and Housing, City Hall, Room 214, 515 Clark Avenue, Ames, Iowa.
 
  Send comments to The Honorable Ted Tedesco, Mayor, City of Ames, 515 Clark Avenue, Ames, Iowa 50010.
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IA................................  La Porte City (City)   Cedar River...........................  Approximately 2,100              None            *814
                                     Black Hawk County.                                             feet downstream of
                                                                                                    La Porte Road.
                                                                                                   Approximately 6,500              None            *815
                                                                                                    feet upstream of La
                                                                                                    Porte Road.
                                                           Wolf Creek............................  Approximately 2,100              *816            *815
                                                                                                    feet downstream of
                                                                                                    Illinois Central
                                                                                                    Gulf Railroad.
                                                                                                   Approximately 7,550              None            *824
                                                                                                    feet upstream of
                                                                                                    Main Street.
                                                           Wolf Creek Overflow...................  Approximately 2,700              None            *815
                                                                                                    feet downstream of
                                                                                                    Illinois Central
                                                                                                    Gulf Railroad.
                                                                                                   Approximately 1,750              None            *823
                                                                                                    feet upstream of
                                                                                                    Commercial Street.
 
   Maps are available for inspection at the City Hall, 202 Main Street, La Porte City, Iowa.
 
  Send comments to The Honorable Rick Lubben, Mayor, City of La Porte City, City Hall, 202 Main Street, La Porte City, Iowa 50651.
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MO................................  Albany (City) Gentry   East Fork Grand River.................                                   *847            *848
                                     County.
 
   Maps are available for inspection at City Hall, 106 East Clay Street, Albany, Missouri.
 
  Send comments to The Honorable John Rieks, Mayor, City of Albany, 106 East Clay Street, Albany, Missouri 64402.
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OH................................  Dublin (City)          North Fork Indian Run.................  Approximately 100                *804            *799
                                     Franklin County.                                               feet upstream of
                                                                                                    confluence with
                                                                                                    Indian Run and South
                                                                                                    Fork Indian Run.
 
                                                                                                   At county boundary,              *921            *923
                                                                                                    approximately 1,000
                                                                                                    feet upstream of
                                                                                                    Wareham Drive.
                                                           South Fork Indian Run.................  Approximately 40 feet            *804            *799
                                                                                                    upstream from
                                                                                                    confluence with
                                                                                                    Indian Run and North
                                                                                                    Fork Indian Run.
                                                                                                   Approximately 400                *817            *818
                                                                                                    feet upstream of
                                                                                                    confluence with
                                                                                                    Indian Run and North
                                                                                                    Fork Indian Run.
                                                                                                   Approximately 300                None            *923
                                                                                                    feet downstream of
                                                                                                    Post Road.
                                                                                                   Just downstream of               None            *927
                                                                                                    Post Road.
                                                           Indian Run............................  Approximately 50 feet            *778            *781
                                                                                                    upstream of North
                                                                                                    High Street culvert.
                                                                                                   At confluence of                 *803            *799
                                                                                                    North Fork Indian
                                                                                                    Run and South Fork
                                                                                                    Indian Run.
 
   Maps are available for inspection at the Dublin Engineering Building, 5800 Shier-Rings Road, Dublin, Ohio.
 
  Send comments to The Honorable Thomas M. McCash, Mayor, City of Dublin, 5200 Emerald Parkway, Dublin, Ohio 43017.
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WI................................  Fond du Lac County     Anderson Creek........................  Approximately 200                *751            *750
                                     (Unincorporated                                                feet upstream of
                                     Areas).                                                        U.S. Highway 45.

[[Page 39044]]

 
                                                                                                   Just upstream of                 *797            *802
                                                                                                    Melody Lane Crossing
                                                                                                    about 150 feet east
                                                                                                    of Pioneer Road.
                                                           Mosher Creek..........................  Just upstream of U.S.            *751            *750
                                                                                                    Highway 45.
 
                                                                                                   Just downstream of               None            *780
                                                                                                    Rolling Meadows
                                                                                                    Drive.
 
   Maps are available for inspection at the Municipal Office, City/County Government Center, 160 South Macy Street, Fond du Lac, Wisconsin.
 
  Send comments to Mr. Allen Buechel, Fond du Lac County Executive, 160 South Macy Street, Fond du Lac, Wisconsin 54935.
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WI................................  North Fond du Lac      Anderson Creek........................  Approximately 1,150              *773            *772
                                     (Village).                                                     feet upstream of
                                                                                                    Minnesota Avenue.
                                                                                                   Approximately 1.3                *781            *782
                                                                                                    miles upstream of
                                                                                                    Minnesota Avenue.
                                                           Mosher Creek..........................  At the eastern                   *754            *753
                                                                                                    corporate limit,
                                                                                                    approximately 2,000
                                                                                                    feet downstream of
                                                                                                    Marcoe Street.
                                                                                                   Approximately 50 feet            None            *780
                                                                                                    downstream of
                                                                                                    Rolling Meadows
                                                                                                    Drive.
                                                           Lake Winnebago........................  Shoreline............            None            *750
 
   Maps are available for inspection at the Village Municipal Office, 16 Garfield Street, North Fond du Lac, Wisconsin.
 
  Send comments to Mr. Jim Moon, Village President, Village of North Fond du Lac, 16 Garfield Street, North Fond du Lac, Wisconsin 54937.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance'')

    Dated: June 24, 2003.
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response 
Directorate.
[FR Doc. 03-16539 Filed 6-30-03; 8:45 am]
BILLING CODE 6718-04-P