[Federal Register Volume 69, Number 151 (Friday, August 6, 2004)]
[Proposed Rules]
[Pages 47832-47834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17961]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-P-7657]


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 table below.

[[Page 47833]]


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 record keeping 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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                                                       Elevation in feet*
   Source of flooding and location of referenced             (NGVD)
                     elevation                     --------------------------        Communities affected
                                                      Existing     Modified
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Lateral 1-B/Tributary No. 11:
  Approximately 50 feet upstream of the confluence         None        * 205  City of Forrest City.
   with Yocona-Spybuck Drainage Canal.
  Approximately 2,275 feet upstream of Union              * 266        * 263  Unincorporated Areas.
   Pacific Railroad.
Spybuck Drainage Canal:
  Approximately 1,160 feet downstream of Woodroe           None        * 216  City of Forrest City.
   Holeman Road.
  Approximately 2,300 feet upstream of Commerce            None        * 238  Unincorporated Areas.
   Drive.
Tributary No. 1:
  Approximately 975 feet downstream of Woodroe             None        * 216  City of Forrest City.
   Holeman Road.
  Approximately 2,470 feet upstream of County              None        * 238  Unincorporated Areas.
   Highway 213.
Tributary No. 4:
  At the confluence with Tributary No. 5..........         None        * 222  City of Forrest City.
  Approximately 60 feet upstream of Dawson Road...         None        * 243  Unincorporated Areas.
Tributary No. 5:
  Approximately 2,090 feet downstream of County            None        * 218  City of Forrest City.
   Highway 231.
  Approximately 350 feet upstream of Entergy Drive         None        * 239  Unincorporated Areas.
Tributary No. 6:
  Approximately 1,000 feet downstream of County            None        * 221  City of Forrest City.
   Highway 205.
  Approximately 5,330 feet upstream of County              None        * 239  Unincorporated Areas.
   Highway 205.
Tributary No. 7:
  Approximately 1,000 feet downstream of County            None        * 221  City of Forrest City.
   Highway 205.
  Approximately 1,075 feet upstream of Turner              None        * 229  Unincorporated Areas.
   Circle.

[[Page 47834]]

 
Tributary No. 10:
  At the confluence with Yocona-Spybuck Drainage          * 219        * 217  City of Forrest City.
   Canal (MD-1).
  Approximately 5,010 feet upstream of County              None        * 221  Unincorporated Areas.
   Highway 202/Union Pacific Railroad.
Tributary No. 12:
  At the confluence with Lateral 1-B (Tributary            None        * 213  Unincorporated Areas.
   No. 11).
  Approximately 4,035 feet upstream of County              None        * 221  ..................................
   Highway 808.
Tributary No. 13:
  At the confluence with Tributary No. 12.........         None        * 214  City of Forrest City.
  Approximately 4,500 feet upstream of the                 None        * 222  Unincorporated Areas.
   confluence with Tributary No. 12.
Tributary No. 14:
  At the confluence with Tributary No. 12.........         None        * 215  City of Forrest City.
  Approximately 100 feet upstream of Yocona Road..         None        * 216  Unincorporated Areas.
Tributary No. 16:
  At the confluence with Tributary No. 12.........         None        * 217  City of Forrest City.
  Approximately 2,920 feet upstream of Yocona Road         None        * 224  Unincorporated Areas.
Tributary No. 17:
  Approximately 260 feet downstream of the                 None        * 219  Unincorporated Areas.
   confluence of Tributary No. 18.
  Approximately 4,150 feet upstream of County              None        * 229  ..................................
   Highway 814.
Tributary No. 18:
  At the confluence with Tributary No. 17.........         None        * 220  Unincorporated Areas.
  Approximately 2,850 feet upstream of the                 None        * 225  ..................................
   confluence with Tributary No. 17.
Tributary No. 19:
  At the confluence with Tributary No. 17.........         None        * 223  Unincorporated Areas.
  Approximately 2,390 feet upstream of the                 None        * 226  ..................................
   confluence with Tributary No. 17.
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ADDRESSES
 
City of Forrest City
Maps are available for inspection at the City Hall, 224 North Rosser, Forrest City, Arkansas.
 
Send comments to The Honorable Larry S. Bryant, City Hall, P.O. Box 1074, 224 North Rosser, Forrest City,
 Arkansas 72335.
 
St. Francis County (Unincorporated Areas)
Maps are available for inspection at St. Francis County Courthouse, 313 South Izard Street, Forrest City,
 Arkansas.
 
Send comments to The Honorable Carl Cisco, Judge, St. Francis County, 313 Izard Street, Forrest City, Arkansas
 72335.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance.'')

    Dated: July 28, 2004.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and 
Response Directorate.
[FR Doc. 04-17961 Filed 8-5-04; 8:45 am]
BILLING CODE 9110-12-P