[Federal Register Volume 69, Number 129 (Wednesday, July 7, 2004)]
[Proposed Rules]
[Pages 40836-40837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15295]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-P-7651]


Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, Emergency Preparedness and 
Response Directorate, Department of Homeland Security.

ACTION: Proposed rule.

-----------------------------------------------------------------------

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: 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.

[[Page 40837]]

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:

----------------------------------------------------------------------------------------------------------------
 Source of flooding and location   Elevation in feet (NAVD) \1\  existing/
     of referenced elevation                      modified                          Communities affected
----------------------------------------------------------------------------------------------------------------
West Nishnabotna River:
  At U.S. Highway 6..............  None--1,077...........................  City of Council Bluffs.
                                                                           City of Oakland.
  Approximately 4,850 feet         None--1,088...........................  Pottawattamie County.
   upstream of Honeysuckle Road/
   County Highway G42.
Mosquito Creek:
  Approximately 5,785 feet         None--980.............................  Pottawattamie County.
   downstream of Interstate 29.
  Approximately 1,760 feet         None--983.............................
   downstream of Interstate 29.
Mosquito Creek:
  Intersection of E. South Omaha   None--1......................  Pottawattamie County.
   Bridge and 192nd Street.
  Intersection of Basswood Road    None--1......................
   and 192nd Street.
Missouri River:
  Approximately 5,250 feet         None--985.............................  City of Carter Lake.
   upstream of Interstate 480.
  Approximately 8,925 feet         None--985.............................
   upstream of Interstate 480.
----------------------------------
                                                   ADDRESSES:
 
City of Council Bluffs
Maps are available for inspection at the Community Development Office, 403 Willow Street, Council Bluffs, Iowa.
Send comments to The Honorable Thomas P. Hanafan, Mayor, City of Council Bluffs, 209 Pearl Street, Council
 Bluffs, Iowa 51503.
 
City of Oakland
Maps are available for inspection at City Hall, 101 North Main Street, Oakland, Iowa.
Send comments to The Honorable Gayle Perkins, Mayor, City of Oakland, 906 Oakland Avenue, Oakland, Iowa 51560.
 
Pottawattamie County (Unincorporated Areas)
Maps are available for inspection at the County Courthouse, 227 South 6th Street, Council Bluffs, Iowa.
Send comments to Chairman Melvyn Houser, 227 South 6th Street, Council Bluffs, Iowa 51501.
 
City of Carter Lake
Maps are available for inspection at City Hall, 950 Locust Street, Carter Lake, Iowa.
Send comments to The Honorable Emil Hausner, Mayor, City of Carter Lake, 950 Locust Street, Carter Lake, Iowa
 51510.
----------------------------------------------------------------------------------------------------------------
\1\ North American Vertical Datum.


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

    Dated: June 29, 2004.
David I. Maurstad
Acting Director, Mitigation Division, Emergency Preparedness and 
Response Directorate.
[FR Doc. 04-15295 Filed 7-6-04; 8:45 am]
BILLING CODE 9110-12-P