[Federal Register Volume 70, Number 62 (Friday, April 1, 2005)]
[Proposed Rules]
[Pages 16786-16789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6433]


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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-P-7675]


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.

[[Page 16787]]

    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:

----------------------------------------------------------------------------------------------------------------
                                            [sdiam] Elevation in
   Source of flooding and location of            feet (NAVD)
          referenced elevation           --------------------------             Communities affected
                                            Existing     Modified
----------------------------------------------------------------------------------------------------------------
Boggs Creek:
    Approximately 100 feet upstream of     [sdiam]555   [sdiam]556  City of Jefferson City.
     East McCarty Street.
    Approximately 3,400 feet upstream of         None   [sdiam]612
     Scenic Drive.
Dickerson Creek:
    Approximately 120 feet upstream of     [sdiam]647   [sdiam]648  Cole County (Unincorporated Areas).
     Business U.S. Highway 50.
    Approximately 1,880 feet upstream of   [sdiam]724   [sdiam]723
     confluence of Dickerson Creek
     Tributary No. 2.
Dickerson Creek Tributary No. 1:
    Approximately 180 feet upstream of     [sdiam]647   [sdiam]648  Cole County (Unincorporated Areas).
     the confluence with Dickerson Creek.
    Approximately 740 feet upstream of     [sdiam]652   [sdiam]651
     Business U.S. Highway 50.
Dickerson Creek Tributary No. 2:
    At confluence with Dickerson Creek..   [sdiam]699   [sdiam]700  City of Jefferson City Cole County
                                                                     (Unincorporated Areas).
    Approximately 2,750 feet upstream of   [sdiam]735   [sdiam]727
     U.S. Highway 50.
East Branch Wears Creek:
    At confluence with Wears Creek......   [sdiam]560   [sdiam]561  City of Jefferson City.
    Approximately 150 feet upstream of           None   [sdiam]578
     Lafayette Street.
Grays Creek:
    At the confluence with Missouri        [sdiam]560   [sdiam]562  City of Jefferson City Cole County
     River.                                                          (Unincorporated Areas).
    Approximately 2.2 miles upstream of          None   [sdiam]562
     State Highway 179/Rock Hill Road.
Grays Creek Tributary:
    At the confluence with Grays Creek..   [sdiam]560   [sdiam]562  City of Jefferson City.
    Approximately 4,180 feet upstream of   [sdiam]561   [sdiam]562
     confluence with Grays Creek.
Moreau River:
    At the confluence with Missouri        [sdiam]550   [sdiam]552  City of Jefferson City Cole County
     River.                                                          (Unincorporated Areas).
    Approximately 5.2 miles upstream of          None   [sdiam]591
     U.S. Highway 54.
North Branch Wears Creek:
    At confluence with Wears Creek......   [sdiam]559   [sdiam]561  City of Jefferson City.
    Approximately 30 feet upstream of      [sdiam]619   [sdiam]614
     Schellridge Drive/Jaycee Drive.
Osage River:
    At the eastern County Boundary         [sdiam]545   [sdiam]548  City of Wardsville Cole County
     (approximately 7,750 feet                                       (Unincorporated Areas).
     downstream of Union Pacific
     Railroad).
    Approximately 10.1 miles upstream of         None   [sdiam]563
     State Highway B.
Wears Creek:
    Approximately 80 feet downstream of    [sdiam]556   [sdiam]557  City of Jefferson City Cole County
     West Main Street.                                               (Unincorporated Areas).
Wears Creek:
    Approximately 2,850 feet upstream of   [sdiam]612   [sdiam]609  City of Jefferson City Cole County
     Frog Hollow Road.                                               (Unincorporated Areas).
-----------------------------------------

[[Page 16788]]

 
                                                   ADDRESSES:
Unincorporated Areas of Cole County, Missouri:
 
Maps are available for inspection at the Department of Public Works, 5055 Monticello Road, Jefferson City,
 Missouri.
 
Send comments to The Honorable Bob Jones, Presiding Commissioner, Cole County Annex, 301 East High Street, Room
 200, Jefferson City, Missouri 65101.
----------------------------------------------------------------------------------------------------------------
City of Jefferson City, Cole County, Missouri:
 
Maps are available for inspection at City Hall, 320 East McCarty Street, Jefferson City, Missouri.
 
Send comments to The Honorable John Landwehr, Mayor, City of Jefferson City, City Hall, 320 East McCarty Street,
 Jefferson City, Missouri 65101.
----------------------------------------------------------------------------------------------------------------
City of Wardsville, Cole County, Missouri:
Maps are available for inspection at 5805 Wardsville Road, Jefferson City, Missouri.
 
Send comments to The Honorable Anthony Luebbering, Mayor, City of Wardsville, 5805 Wardsville Road, Jefferson
 City, Missouri 65101.
----------------------------------------------------------------------------------------------------------------
Big Papillion Creek:
    Approximately 750 feet downstream of  [sdiam]1,00   [sdiam]997  City of Omaha.
     Harrison Street.                               3
    Approximately 200 feet downstream of  [sdiam]1,00  [sdiam]1,00
     Burlington Northern & Santa Fe                 4            3
     Railway.
Elkhorn River:
    Approximately 7,800 feet downstream   [sdiam]1,10  [sdiam]1,10  Douglas County (Unincorporated Areas).
     of West Q Road.                                1            2
    Approximately 4,350 feet downstream   [sdiam]1,10  [sdiam]1,10
     of West Q Road.                                6            5
Platte River:
    Approximately 23,200 feet downstream  [sdiam]1,10  [sdiam]1,10  Douglas County (Unincorporated Areas).
     of West Center Road/U.S. Highway               1            2
     275/State Highway 92.
    At the northern County Boundary       [sdiam]1,18  [sdiam]1,19  ............................................
     (approximately 35,500 feet upstream            9            2
     of Ida Street/State Highway 64).
-----------------------------------------
                                                   ADDRESSES:
Unincorporated Areas of Douglas County, Nebraska:
 
Maps are available for inspection at the Douglas County Community Map Repository, 3015 Menke Circle, Omaha,
 Nebraska.
 
Send comments to Ms. Kathy Kelley, Chief Administrative Officer, Douglas County, 1819 Farnam Street, Omaha,
 Nebraska 68183.
----------------------------------------------------------------------------------------------------------------
City of Omaha:
 
Maps are available for inspection at the Community Map Repository, City of Omaha, 1819 Farnam Street, Omaha,
 Nebraska.
 
Send comments to The Honorable Mike Fahey, Mayor, City of Omaha, 1819 Farnam Street, 3rd Floor, Omaha, Nebraska
 68183.
----------------------------------------------------------------------------------------------------------------
Elkhorn River:
    Just upstream of the confluence with  [sdiam]1,08  [sdiam]1,08  Sarpy County (Unincorporated Areas).
     the Platte River.                              5            6
    At the northern County Boundary       [sdiam]1,10  [sdiam]1,10
     (approximately 5.75 miles upstream             2            3
     of the confluence with the Platte
     River).
Platte River:
    Approximately 800 feet upstream of     [sdiam]967   [sdiam]966  Sarpy County (Unincorporated Areas).
     the confluence with the Missouri
     River.
    At the northern County Boundary       [sdiam]1,10  [sdiam]1,10
     (approximately 5.11 miles upstream             3            6
     of the confluence of the Elkhorn
     River).
Springfield Creek:
    At the confluence with the Platte     [sdiam]1,01  [sdiam]1,01  Sarpy County (Unincorporated Areas).
     River.                                         2            1
    Approximately 200 feet upstream of    [sdiam]1,01  [sdiam]1,01
     Buffalo Road.                                  2            1
-----------------------------------------
                                                   ADDRESSES:
Unincorporated Areas of Sarpy County, Nebraska:
 
Maps are available for inspection at the Community Map Repository, Sarpy County Courthouse, 1210 Golden Gate
 Drive, Papillion, Nebraska.
 
Send comments to The Honorable Inez Boyd, Chairman, Board of Commissioners, Sarpy County Courthouse, 1210 Golden
 Gate Drive, 116, Papillion, Nebraska 68046.
----------------------------------------------------------------------------------------------------------------



[[Page 16789]]

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

    Dated: March 25, 2005.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and 
Response Directorate.
[FR Doc. 05-6433 Filed 3-31-05; 8:45 am]
BILLING CODE 9110-12-P