[Federal Register Volume 69, Number 201 (Tuesday, October 19, 2004)]
[Proposed Rules]
[Pages 61460-61461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23306]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-7449]


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 modifcations 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 premium 
rates for the 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 procedures, 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.; Reorganziation 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
                                  City/town/        Source of                                    (NAVD)
            State                   county           flooding           Location       -------------------------
                                                                                          Existing     Modified
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North Dakota.................  Lincoln (City),   Apple Creek....  Just upstream of             None       +1,644
                                Burleigh County.                   Railroad.

[[Page 61461]]

 
                                                                  Approximately 5,000          None       +1,646
                                                                   feet downstream of
                                                                   confluence of Hay
                                                                   Creek.
 
 +North American Vertical Datum
 
Maps are available for inspection at City Hall, 74 Santee Road, Lincoln, North Dakota 58504.
 
Send comments to The Honorable Glen Christmann, Mayor, City of Lincoln, 74 Santee Road, Lincoln, North Dakota
 58504.
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Utah.........................  Paragonah         Red Creek......  Approximately 1,900          None       +5,900
                                (Town),.                           feet downstream of
                               Iron County.....                    Center Street.
                                                                  Approximately 1,600          None       +5,989
                                                                   feet upstream of
                                                                   Center Street.
                                                 Water Canyon...  Approxiamately 850           None       +5,878
                                                                   feet upstream of
                                                                   100 West Street.
                                                                  Approximately 1,200          None       +5,891
                                                                   feet upstream of
                                                                   100 West Street.
 
 +North American Vertical Datum
 
Maps are available for inspection at Town Hall, 44 North 100 West, Paragonah, Utah 84760.
 
Send comments to The Honorable Constance Robinson, Mayor, Town of Paragonah, P.O. Box 600247, Paragonah, Utah
 84760.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance'')

    Dated: October 6, 2004.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and 
Response Directorate.
[FR Doc. 04-23306 Filed 10-18-04; 8:45 am]
BILLING CODE 9110-12-U