[Federal Register Volume 70, Number 99 (Tuesday, May 24, 2005)]
[Proposed Rules]
[Pages 29692-29694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10300]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-P-7689]


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.

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.

[[Page 29693]]

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 o Sec.  67.4 are 
proposed to be amended as follows:

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                                          [sdiam]Elevation in feet
   Source of flooding and location of              (NAVD)
          referenced elevation           --------------------------             Communities affected
                                            Existing     Modified
----------------------------------------------------------------------------------------------------------------
Little Red River:
    Approximately 53.48 miles upstream           None   [sdiam]248  Cleburne County (Unincorporated Areas).
     of the confluence with the White
     River.
    Approximately 79.10 miles upstream           None   [sdiam]299
     of the confluence with the White
     River.
Sulphur Creek:
    Approximately 120 feet downstream of         None   [sdiam]281  City of Heber Springs, Cleburne County
     Libby Road.                                                     (Unincorporated Areas).
    Approximately 1,900 feet upstream of         None   [sdiam]289
     Libby Road.
-----------------------------------------
Cleburne County (Unincorporated Areas)
 
Maps are available for inspection at 301 West Main Street, Heber Springs, Arkansas.
 
Send comments to The Honorable Claude Dill, County Judge, Cleburne County, 301 West Main Street, Heber Springs,
 Arkansas 72543.
City of Heber Springs
 
Maps are available for inspection at 1001 West Main Street, Heber Springs, Arkansas.
 
Send comments to The Honorable Paul Muse, Mayor, City of Heber Springs, 1001 West Main Street, Heber Springs,
 Arkansas 72543.
----------------------------------------------------------------------------------------------------------------
Gold Creek (South):
    Approximately 1050 feet downstream     [sdiam]272   [sdiam]273  City of Conway.
     of Sturges Road.
    Approximately 2,700 feet upstream of         None   [sdiam]323
     Wasson Road.
Middle Fork Cypress Bayou:
    At confluence with Cypress Bayou....         None   [sdiam]288  City of Vilonia, Faulkner County
                                                                     (Unincorporated Areas).
    Approximately 440 feet upstream of           None   [sdiam]319
     Marshall Road.
North Fork Cypress Bayou:
    At confluence with Cypress Bayou....         None   [sdiam]288  City of Vilonia Faulkner County
                                                                     (Unincorporated Areas).
    Approximately 730 feet upstream of           None   [sdiam]329
     North Marshall Road.
Palarm Creek:
    At State Highway 286................         None   [sdiam]276  Faulkner County (Unincorporated Areas).
    Approximately 4,180 feet upstream of         None   [sdiam]318
     State Highway 36.
South Fork Cypress Bayou:
    At confluence with Cypress Bayou....         None   [sdiam]288  City of Vilonia Faulkner County
                                                                     (Unincorporated Areas).
    Approximately 115 feet upstream of           None   [sdiam]320
     Church Street.
Warren Creek:
    At confluence with Palarm Creek.....         None   [sdiam]276  Faulkner County (Unincorporated Areas).
    Approximately 530 feet upstream of           None   [sdiam]312
     Lower Ridge Road.
-----------------------------------------
City of Conway, Faulkner County, Arkansas
 
Maps are available for inspection at the City of Conway, 100 East Robins, Conway, Arkansas.
 
Send comments to The Honorable Tab Towsell, Mayor, City of Conway, 1201 Oak Street, Conway, Arkansas 72032.
 
 Faulkner County (Unincorporated Areas), Arkansas
 
Maps are available for inspection at Faulkner County Emergency Management, 801 Locust Street, Conway, Arkansas.
 
Send comments to The Honorable Wayne Carter, Faulkner County Judge, 801 Locust Street, Conway, Arkansas 72034.
 
City of Vilonia, Faulkner County, Arkansas
 
Maps are available for inspection at Vilonia City Hall, 1113 Main Street, Vilonia, Arkansas.
 
Send comments to The Honorable Alan Lee, Mayor, City of Vilonia, 1013 Main Street, Vilonia, Arkansas 72173.
----------------------------------------------------------------------------------------------------------------
Ohio River:
    Approximately 3.5 miles upstream of    [sdiam]687   [sdiam]688  City of East Liverpool, Columbiana County.
     the confluence of Little Yellow
     Creek.
    Approximately 6.3 miles upstream of    [sdiam]689   [sdiam]690
     the confluence of Little Yellow
     Creek.
-----------------------------------------
Maps are available for inspection at the Planning Department, 126 West Sixth Street, East Liverpool, Ohio.
 
Send comments to The Honorable Dolores Satow, Mayor, City of East Liverpool, 126 West Sixth Street, East
 Liverpool, Ohio 43920.
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[[Page 29694]]

 
Duck Creek:
    Mouth at Ohio River.................   [sdiam]615   [sdiam]616  City of Marietta, Washington County
                                                                     (Unincorporated Areas).
    Approximately 4,400 feet upstream of   [sdiam]615   [sdiam]616
     State Highway 26.
Muskingum River:
    Mouth at the Ohio River.............   [sdiam]614   [sdiam]615  City of Marietta, Washington County
                                                                     (Unincorporated Areas).
    Approximately 16,400 feet upstream     [sdiam]614   [sdiam]615
     of mouth.
Ohio River:
    Approximately 0.4 mile downstream of   [sdiam]608   [sdiam]609  City of Belpre, City of Marietta, Washington
     U.S. Highway 50.                                                County (Unincorporated Areas).
    Approximately 7.25 miles upstream of   [sdiam]616   [sdiam]617
     Willow Island Lock and Dam.
-----------------------------------------
Washington County (Unincorporated Areas), Ohio
 
Maps are available for inspection at the Building Department, 217 Putnam Street, Marietta, Ohio.
 
Send comments to Ms. Connie J. Hoblitzell, Floodplain Manager, 217 Putnam Street, Marietta, Ohio 45750.
 
City of Belpre, Washington County, Ohio
 
Maps are available for inspection at City Hall, 715 Park Drive, Belpre, Ohio.
 
Send comments to Robert G. Boersma, Safety Service Director, 715 Park Drive, Belpre, Ohio 45714.
 
City of Marietta, Washington County, Ohio.
 
Maps are available for inspection at City Hall, 301 Putnam Street, Marietta, Ohio.
 
Send comments to Wayne Rinehart, Floodplain Manager, 301 Putnam Street, Marietta, Ohio 45750.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance.'')

    Dated: May 18, 2005.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and 
Response Directorate.
[FR Doc. 05-10300 Filed 5-23-05; 8:45 am]
BILLING CODE 9110-12-P