[Federal Register Volume 69, Number 64 (Friday, April 2, 2004)]
[Proposed Rules]
[Pages 17381-17383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7441]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-7445]


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: 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:

[[Page 17382]]



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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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California...........................  San Joaquin County......  Stanislaus River.........................  Approximately 5 miles downstream of State Highway 99......         None          *45
                                                                                                            Approximately 3 miles upstream of Santa Fe Railroad.......         None          *93
 
 *Elevation in feet.
 
Maps are available for inspection at the Department of Public Works, 1810 East Hazelnut Avenue, Stockton, California 95202.
 
Send comments to The Honorable Leroy Ornellas, Chairman, San Joaquin County Board of Supervisors, 222 East Weber Avenue, Room 701, Stockton, California 85202.
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California...........................  Ripon (City), San         Stanislaus River.........................  Approximately 3.3 miles downstream of State Highway 99....         None          *48
                                        Joaquin County.
                                                                                                            Approximately 1.3 miles upstream of State Highway 99......         None          *57
 
 *Elevation in feet.
 
Maps are available for inspection at City Hall, 259 North Wilma Avenue, Ripon, California 95366.
 
Send comments to The Honorable Tim Hern, Mayor, City of Ripon, 259 North Wilma Avenue, Ripon, California 95366.
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                                                            Elevation in feet
                                                           *(NGVD)  Elevation
       Flooding source(s)         Location of referenced     in feet +(NAVD)          Communities affected
                                        elevation        ----------------------
                                                          Effective   Modified
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Burgess Creek..................  At confluence with          *6,755     *6,749  Routt County (Uninc. Areas) and
                                  Walton Creek.                                  City of Steamboat Springs.
                                 Just upstream of              None     +7,355
                                  Burgess Creek Road.
Elk River (Lower Reach)........  At confluence with            None     +6,533  Routt County (Uninc. Areas).
                                  Yampa River.
                                 Approximately 1.5 miles       None     +6,712
                                  upstream of County
                                  Road 44.
Walton Creek...................  At confluence with          *6,754     +6,759  Routt County (Uninc. Areas) and
                                  Yampa River.                                   City of Steamboat Springs.
                                 Approximately 850 feet        None     +6,827
                                  upstream of County
                                  Road 24.
Walton Creek Side Channel......  Approximately 500 feet        None     +6,810  Routt county (Uninc. Areas).
                                  downstream of County
                                  Road 24.
                                 At divergence from            None     +6,825
                                  Walnut Creek main
                                  channel.
Yampa River Bypass (near         At confluence with          *6,811     +6,816  Routt County (Uninc. Areas).
 Steamboat Springs).              Yampa River.
                                 Approximately 700 feet      *6,848     +6,853
                                  downstream of
                                  divergence from Yampa
                                  River.
Yampa River near Hayden........  Approximately 2,600           None     +6,314  Routt County (Uninc. Areas) and
                                  feet downstream of                             Town of Hayden.
                                  U.S. Highway 40.
                                 Approximately 1.3 miles       None     +6,424
                                  upstream of U.S.
                                  Highway 40.
Yampa River Side channel 1.....  At confluence with          *6,622     +6,626  Routt County (Uninc. Areas) and
                                  Yampa River main                               City of Steamboat Springs.
                                  channel.
                                 At divergence from          *6,636     +6,635
                                  Yampa River main
                                  channel.
Yampa River Side Channel 2.....  At confluence with          *6,710     +6,716  City of Steamboat Springs.
                                  Yampa River main
                                  channel.
                                 At divergence from          *6,717     +6,724
                                  Yampa River main
                                  channel.
Yampa River split Flow at        At confluence with          *6,825     +6,830  Routt County (Uninc. Areas)
 Highway 131 (near Steamboat      Yampa River.               *6,838     +6,843
 Springs).                       At divergence from
                                  Yampa river.
Yampa River near Steamboat       Approximately 1.5 miles       None     +6,483  Routt County (Uninc. Areas) and
 Springs.                         downstream of County                           City of Steamboat Springs.
                                  Road 179.
                                 Approximately 1.5 miles     *6,861     +6,865
                                  upstream of State
                                  Highway 131.
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* National Geodetic Vertical Datum (to convert to NAVD, add 4.2 feet to NGVD elevation).
+ North American Vertical Datum.
 
                                                    Addresses
 
                                       Routt County (Unincorporated Areas)
 
Maps are available for inspection at the Routt County Courthouse, 136 6th Street, Steamboat Springs, Colorado
 80477.
Send comments to the Honorable Douglas B. Monger, Chairman, Routt County Board of Commissioners, P.O. Box
 773598, Steamboat Springs, Colorado 80477.
 

[[Page 17383]]

 
                                            City of Steamboat Springs
 
Maps are available for inspection at City Hall, 124 Tenth Street, Steamboat Springs, Colorado 80477.
Send comments to the Honorable Paul Strong, Council President, City of Steamboat Springs, P.O. Box 775088.
 
                                                 Town of Hayden
 
Maps are available for inspection at the Town Hall, 178 West Jefferson, Hayden, Colorado 81639.
Send comments to the Honorable Chuck Grobe, Mayor, Town of Hayden, P.O. Box 190, Hayden, Colorado 81639.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance.'')


    Dated: March 24, 2004.
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response 
Directorate.
[FR Doc. 04-7441 Filed 4-1-04; 8:45 am]
BILLING CODE 9110-12-P