[Federal Register Volume 69, Number 35 (Monday, February 23, 2004)]
[Proposed Rules]
[Pages 8128-8130]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3812]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-P-7641]


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

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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: 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: 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.
    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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                                                                                                                                 Range of BFEs Elevation
                                                                                                                                     in feet *(NGVD)
         State              City/town/county                Source of flooding                          Location               -------------------------
 
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KS.....................  Lansing (City)          Ninemile Creek North                                                                  *771         *817
                          Leavenworth County.
                                                 North Fork of Ninemile Creek North.....                                               *840         *843
                                                 Sevenmile Creek                                                                       *771         *821
                                                 Sevenmile Creek Tributary..............                                               *771         *773
  Maps are available for inspection at the Community Development Department, 800 1st Terrace, Lansing, Kansas.
 
  Send comments to The Honorable Kenneth W. Bernard, Mayor, City of Lansing, City Hall, 800 1st Terrace, Lansing, Kansas 66043.
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KS.....................  Leavenworth County      Ninemile Creek North (Lower Reach).....                                               *771         *771
                          (Unincorporated
                          Areas).
                                                 Ninemile Creek North (Upper Reach).....                                               *818         *906
                                                 North Fork of Ninemile Creek...........                                               *834         *891
                                                 Sevenmile Creek (Upper Reach)..........                                               *812         *826
                                                 South Fork of Ninemile Creek North.....                                               *837         *892
  Maps are available for inspection at the Leavenworth County Courthouse, Planning and Zoning Department, 300 Walnut Street, Leavenworth, Kansas.
 
  Send comments to Mr. Joe Daniels, Jr., Chairman, Leavenworth County Board of Commissioners, County Courthouse, 300 Walnut Street, Leavenworth, Kansas
   66048.
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MO.....................  Wayne County            McKenzie Creek                                                                        *458         *520
                          (Unincorporated
                          Areas).

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  Maps are available for inspection at the Wayne County Courthouse, 109 Walnut Street, Greenville, Missouri.
 
  Send comments to Commissioner Brian Polk, Presiding Commissioner, Wayne County Courthouse, P.O. Box 48, Greenville, Missouri 63944.
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MO.....................  Piedmont (City) Wayne   McKenzie Creek                                                                        *460         *520
                          County.
  Maps are available for inspection at City Hall, 115 West Green Street, Piedmont, Missouri.
 
  Send comments to The Honorable Gaylon Watson, Mayor, City of Piedmont, 115 West Green Street, Piedmont, Missouri 63957.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance.'')

    Dated: February 11, 2004.
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response 
Directorate.
[FR Doc. 04-3812 Filed 2-20-04; 8:45 am]
BILLING CODE 6718-04-P