[Federal Register Volume 68, Number 217 (Monday, November 10, 2003)]
[Proposed Rules]
[Pages 63745-63747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28168]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-7441]


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 below table.

FOR FURTHER INFORMATION CONTACT: Doug Bellomo, P.E. Hazard 
Identification Section, Emergency Preparedness and Response 
Directorate, Federal Emergency Management Agency, 500 C Street, SW., 
Washington, DC 20472, (202) 646-2903.

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 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
                                                                    *(NGVD) Elevation in
         Flooding source(s)              Location of referenced      feet  [sbull](NVAD)   Communities affected
                                                elevation          ----------------------
                                                                    Effective   Modified
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                                      Sioux County, and Incorporated Areas
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Cannonball River....................  Approximately 4,300 feet           None  [sbull]1,  Standing Rock Indian
                                       downstream of Rice Street.                    658   Reservation, ND and
                                                                                           City of Solen
                                      Approximately 7,700 feet           None  [sbull]1,  ......................
                                       upstream of Rice Street.                      668

[[Page 63746]]

 
Grand River (at Bullhead)...........  Approximately 4,000 feet           None  [sbull]1,  Standing Rock Indian
                                       downstream of confluence of                   759   Reservation, SD
                                       Rock Creek.
                                      Approximately 4,600 feet           None  [sbull]1,  ......................
                                       upstream of confluence of                     774
                                       Stink Creek.
Grand River (at Little Eagle).......  Approximately 3.4 miles            None  [sbull]1,  Standing Rock Indian
                                       downstream of the State                       638   Reservation, SD
                                       Route 63.
                                      Approximately 2,000 feet           None  [sbull]1,  ......................
                                       upstream of Old Irrigation                    651
                                       Dam.
Oak Creek...........................  Approximately 7,500 feet           None  [sbull]1,  Standing Rock Indian
                                       downstream of Sewage                          622   Reservation, SD
                                       Lagoons.
                                      Approximately 2,900 feet           None  [sbull]1,  ......................
                                       upstream of Old Irrigation                    646
                                       Dam.
Rock Creek..........................  At confluence with Grand           None  [sbull]1,  Standing Rock Indian
                                       River (at Bullhead).                          761   Reservation, SD
                                      Approximately 7,500 feet           None  [sbull]1,  ......................
                                       upstream of Bullhead Road.                    793
 Depth in feet above ground
* National Geodetic Datum
[sbull] National American Vertical Datum
 
Addresses:
 
Standing Rock Indian Reservation, ND & SD:
Maps are available for inspection at the Department of Tribal Land Management, South River Road, Fort Yates,
 North Dakota 58538.
Send comments to the Honorable Charles Murphy, Chairman, Standing Rock Sioux Tribe, P.O. Box D, Fort Yates,
 North Dakota 58538.
City of Solen:
Maps are available for inspection at the Engineering Department, 306 Leach Street, Solen, North Dakota 58570.
Send comments to the Honorable Larry Froelich, Mayor, City of Solen, P.O. Box 117, Solen, North Dakota 58570.
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                                                                                              Depth in
                                                                                             feet above ground.
                                                                                            * Elevation in feet.
        State            City/town/county     Source of flooding          Location                  (NGVD)
                                                                                           ---------------------
                                                                                             Existing   Modified
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South Dakota.........  Hill (City),          Spring Creek.......  Approximately 1.2 miles        None    * 4,934
                        Pennington County.                         upstream of U.S.
                                                                   Highway 16/385.
                                                                  Approximately 1.3 miles     * 4,937   * 4,937
                                                                   upstream of U.S.
                                                                   Highway 16/385.
 Depth in feet above ground
* Elevation in feet
Maps are available for inspection at City Hall, 324 Main Street, Hill City, South Dakota 57745.
Send comments to The Honorable Peter J. Stach, Mayor, City of Hill City, P.O. Box 395, Hill city, South Dakota
 57745.
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South Dakota.........  Pennington County...  Spring Creek         At Calumet Road.........       None    * 4,640
                                              (downstream of
                                              corporate limit of
                                              City of Hill City).
                                                                  Approximately 1.2 miles        None    * 4,934
                                                                   upstream of U.S.
                                                                   Highway 16/385.
                                             Spring Creek         Approximately 400 feet      * 5,010    * 5,014
                                              (upstream of         upstream of the
                                              corporate limit of   Burlington Northern
                                              City of Hill City).  Railroad.
                                                                  Approximately 1 mile           None   * 5,309
                                                                   upstream of U.S.
                                                                   Highway 16/385.
 Depth in feet above ground
* Elevation in feet
Maps are available for inspection at the County Courthouse, 315 Saint Joseph Street, Rapid City, South Dakota
 57701.
Send comments to The Honorable Kenneth Davis, Chairperson, Pennington County Board of Commissioners, 315 Saint
 Joseph Street, Rapid City, South Dakota 57701.
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[[Page 63747]]

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

    Dated: November 4, 2003.
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response 
Directorate.
[FR Doc. 03-28168 Filed 11-7-03; 8:45 am]
BILLING CODE 9110-12-P