[Federal Register Volume 68, Number 126 (Tuesday, July 1, 2003)]
[Proposed Rules]
[Pages 39046-39048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16541]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-7437]


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 following table.

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 
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 Mitigation Division Director of the 
Emergency Preparedness and Response Directorate 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:

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                                                                   Elevation in feet
                                       Location of referenced           *(NGVD)
         Flooding source(s)                  elevation        --------------------------   Communities affected
                                                                Effective     Modified
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                                                   CALIFORNIA
                                     Merced County, and Incorporated Areas.
----------------------------------------------------------------------------------------------------------------
Bear Creek..........................  At McKee Road..........         *183         *183  Merced County (Uninc.
                                                                                          Areas).
                                      Just upstream of Bear           None         *225
                                       Creek Drive.
Black Rascal Diversion Channel......  At confluence with Bear         None         *199  Merced County (Uninc.
                                       Creek.                                             Areas).
                                      Approximately 3,700             None         *202
                                       feet upstream East
                                       Olive Avenue.
Local Ponding.......................  Northeast of the                None         *200  Merced County (Uninc.
                                       intersection of East                               Areas), City of
                                       Childs Avenue and                                  Merced.
                                       Fairfield Canal.
                                      Northeast of the                None         *200
                                       intersection of
                                       Mission Avenue and
                                       South Arboleda Drive.
Local Ponding.......................  Northeast of the                None         *196  Merced County (Uninc.
                                       intersection of East                               Areas), City of
                                       Childs Avenue and                                  Merced.
                                       Tower Road.
                                      Southeast of the                None         *196
                                       intersection of Le
                                       Grand Road and US
                                       Highway 99.

[[Page 39047]]

 
                                      Northeast of the                None         *196
                                       intersection of
                                       Gerarad Avenue and the
                                       Fairfield Canal.
Local Ponding.......................  Northeast of the                None         *193  Merced County (Uninc.
                                       intersection of                                    Areas).
                                       Mission Avenue and the
                                       Fairfield Canal.
Local Ponding.......................  Northeast of the                None         *191  City of Merced.
                                       intersection of East
                                       Childs Avenue and
                                       Kirby Road.
Local Ponding.......................  Northwest of the                None         *190  Merced County (Uninc.
                                       intersection of State                              Areas), City of
                                       Highway 140 and Easy                               Merced.
                                       Street.
Local Ponding.......................  Southeast of the                None         *189  Merced County (Uninc.
                                       intersection of US                                 Areas).
                                       Highway 99 and
                                       Mariposa Way.
Local Ponding.......................  Northeast and Southeast         None         *186  Merced County (Uninc.
                                       of the Intersection of                             Areas), City of
                                       East Childs Avenue and                             Merced.
                                       the Hartley Bradley
                                       Lateral.
Local Ponding.......................  Southeast of the                None         *183  Merced County (Uninc.
                                       intersection of US                                 Areas).
                                       Highway 99 and Vassar
                                       Avenue.
Local Ponding.......................  Southeast of the                None         *179  Merced County (Uninc.
                                       intersection of US                                 Areas).
                                       Highway 99 and Mission
                                       Avenue.
                                      Northeast of the                None         *179
                                       intersection of Sandy
                                       Mush Road and Givens-
                                       Lustre Road.
Local Ponding.......................  Northeast and Southeast         None         *185  Merced County (Uninc.
                                       of the intersection of                             Areas).
                                       US Highway 99 and
                                       McHenry Road.
Local Ponding.......................  Southeast of the                None         *176  City of Merced.
                                       intersection of East
                                       Childs Avenue and
                                       Carol Avenue.
Local Ponding.......................  Northeast of the                None         *165  Merced County (Uninc.
                                       intersection of                                    Areas).
                                       Mission Avenue and
                                       Tyler Road.
Local Ponding.......................  Northeast of the                None         *164  Merced County (Uninc.
                                       intersection of Healy                              Areas).
                                       Road and Deadman Creek.
Local Ponding.......................  Northeast of the                None         *151  Merced County (Uninc.
                                       intersection of State                              Areas).
                                       Highway 59 and Duck
                                       Slough.
Local Ponding.......................  Northeast of the                None         *237  Merced County (Uninc.
                                       intersection of                                    Areas).
                                       Mariposa Way and
                                       Burchell Avenue.
Local Ponding.......................  Northeast of the                None         *226  Merced County (Uninc.
                                       intersection of Gerard                             Areas).
                                       Avenue and Plainsburg
                                       Avenue.
Local Ponding.......................  Southeast of the                None         *222  Merced County (Uninc.
                                       intersection of Kadota                             Areas).
                                       Avenue and Plainsburg
                                       Road.
Shallow Flooding....................  From the intersection           None   1  Merced County (Uninc.
                                       of Woodland Avenue                                 Areas), City of
                                       South and West to                                  Merced.
                                       State Highway 59.
                                      From the AT & SF                None   1
                                       Railroad West to State
                                       Highway 59.
Shallow Flooding....................  From the AT & SF                None   2  Merced County (Uninc.
                                       Railroad West to State                             Areas).
                                       Highway 59.
Shallow Flooding....................  Northeast of the                None   3  Merced County (Uninc.
                                       intersection of State                              Areas).
                                       Highway 59 and Duck
                                       Slough.
-------------------------------------
                                                    ADDRESSES
                                      Merced County (Unincorporated Areas)
 
Maps are available for inspection at Merced County Department of Public Works, 715 Martin Luther King Jr. Way,
 Merced, CA 95340.
 
Send comments to The Honorable Joe Rivero, Chairman, Merced County Board of Supervisors, 2222 M Street, Merced,
 CA 95340.
City of Merced
 
Maps are available for inspection at City Hall, 678 West 18th Street, Merced, CA 95340.
 
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                                                                                                                                                                         Depth in feet
                                                                                                                                                                        above ground. *Elevation
                State                      City/town/county                  Source of flooding                                      Location                                in feet. (NGVD)
                                                                                                                                                                       -------------------------
                                                                                                                                                                          Existing     Modified
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Hawaii...............................  Hawaii County...........  Kaluiiki Branch..........................  At confluence of Waipahoehoe Stream and Alenaio Stream....         None         *754
                                                                                                            Approximately 200 feet upstream of Akala Road.............         None         *860
                                                                 Waipahoehoe Stream.......................  At confluence with Kaluiiki Branch and Alenaio Stream.....         None         *754
                                                                                                            Approximately 100 feet upstream of Akala Road.............         None         *811
                                                                 Alenaio Stream...........................  Just upstream of Kaumana Drive............................         *708         *708
                                                                                                            At confluence of Kaluiiki Branch and Waipahoehoe Stream...         *752         *754
 
   Maps are available for inspection at the Hawaii County Department of Public Works, Engineering Division, 25 Aupuni Street, Hilo, Hawaii 96720.
  Send comments to The Honorable Harry Kim, Mayor, Hawaii County, 25 Aupuni Street, Hilo, Hawaii 96720.
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[[Page 39048]]

(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. 03-16541 Filed 6-30-03; 8:45 am]
BILLING CODE 6718-04-P