[Federal Register Volume 70, Number 118 (Tuesday, June 21, 2005)]
[Proposed Rules]
[Pages 35596-35601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12171]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-P-7691]


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.

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.

[[Page 35597]]

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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                                                  [ssdiam] Elevation in
 Source of flooding and location of referenced         feet (NAVD)
                   elevation                   --------------------------          Communities affected
                                                 Existing/     Modified
----------------------------------------------------------------------------------------------------------------
Carter Branch:
    Approximately 120 feet downstream of State          945          946  City of Carthage.
     Highway 96.
    Just upstream of East Central Avenue and            955          956
     Burlington Northern & Santa Fe Railway.
-----------------------------------------------
Maps are available for inspection at the Engineer's Office, 623 East 7th Street, Carthage, Missouri.
Send comments to The Honorable Kenneth Johnson, Mayor, City of Carthage, 326 Grant Street, Carthage, Missouri
 64836.
----------------------------------------------------------------------------------------------------------------
Alexander Creek:
    Approximately 8,025 feet upstream of Ward          None          942  Cass County (Unincorporated Areas)
     Road.                                                                 City of Raymore.
    Approximately 5,600 feet upstream of               None        1,004
     Prairie Road.
East Branch South Grand River:
    Approximately 9,900 feet upstream of               None          886  Cass County (Unincorporated Areas)
     confluence of Wolf Creek.                                             City of Peculiar.
    Approximately 510 feet upstream of Kendall         None          954
     Road.
East Branch of West Fork East Creek:
    At confluence with West Fork East Creek...         None          974  Cass County (Unincorporated Areas)
                                                                           City of Belton.
    Approximately 3,050 feet upstream of               None          990
     confluence with West Fork East Creek.
East Creek Tributary:
    Approximately 990 feet downstream of               None          918  Cass County (Unincorporated Areas)
     Pickering Road.                                                       City of Raymore.
    Approximately 10,000 feet upstream of              None        1,000
     confluence of North Fork East Creek
     Tributary.
East Fork of East Tributary of East Branch
 South Grand River
    At confluence with East Tributary of East          None          937  Cass County (Unincorporated Areas).
     Branch South Grand River.
    Approximately 3,250 feet upstream of 200th         None        1,007
     Street.
East Tributary of East Branch South Grand
 River:
    At confluence with East Branch South Grand         None          889  Cass County (Unincorporated Areas)
     River.
    Approximately 2,920 feet upstream of               None          993
     Prairie Road.
East Tributary of Lumpkins Fork:
    Approximately 4,770 feet downstream of             None          954  City of Raymore.
     North Madison Street.
    Approximately 40 feet upstream of 155th            None          999
     Street.
East Tributary of Massey Creek:
    Approximately 3,225 feet downstream of             None          944  Cass County (Unincorporated Areas).
     Missouri Highway D.
    Approximately 85 feet upstream of Cedar            None          997
     Road.
Lower East Fork of East Creek Tributary:
    At confluence with East Creek Tributary...         None          931  Cass County (Unincorporated Areas)
                                                                           City of Raymore.
    Approximately 12,800 feet upstream of U.S.         None          987
     Highway 71.
Lower East Tributary of Mill Creek:
    At confluence with Mill Creek.............         None          885  Cass County (Unincorporated Areas)
                                                                           Village of Loch Lloyd.
    Approximately 8,120 feet upstream of               None          937  ......................................
     confluence with Mill Creek.
Lumpkins Fork:
    At 155th Street...........................         None          945  Cass County (Unincorporated Areas).
    Approximately 70 feet upstream of North            None          979  ......................................
     Madison Street.
Massey Creek:
    Approximately 5,070 feet downstream of             None          904  Cass County (Unincorporated Areas).
     223rd Street.
    At State Line Road........................         None          969  ......................................
Middle East Tributary of Mill Creek:
    Approximately 3,950 feet upstream of               None          912  Cass County (Unincorporated Areas)
     confluence with Mill Creek.                                           Village of Loch Lloyd.
    Approximately 6,320 feet upstream of               None          940  ......................................
     confluence with Mill Creek.
Mill Creek:
    At County Boundary........................         None          871  Cass County (Unincorporated Areas)
                                                                           Village of Loch Lloyd
    Approximately 95 feet downstream of 187th          None        1,045  ......................................
     Street.

[[Page 35598]]

 
North Branch of Upper East Fork of East Creek
 Tributary:
    Approximately 1,700 feet downstream of             None          976  Cass County (Unincorporated Areas).
     Hubach Hill Road.
    Approximately 25 feet upstream of Hubach           None          986  ......................................
     Hill Road.
North Fork of East Creek Tributary:
    At confluence with East Creek Tributary...         None          953  Cass County (Unincorporated Areas).
    Approximately 11,000 feet upstream of              None          990  ......................................
     confluence with East Creek Tributary.
North Tributary of Wolf Creek:
    Approximately 410 feet downstream of East          None          927  Cass County (Unincorporated Areas)
     233rd Street.                                                         City of Peculiar.
    Approximately 40 feet upstream of East             None          954  ......................................
     227th Street.
Poney Creek:
    Approximately 4,925 feet downstream of             None          831  Cass County (Unincorporated Areas)
     Bennett Road.                                                         City of Freeman.
    Approximately 7,550 feet upstream of Poney         None          849  ......................................
     Creek Road.
    Ailver Lake...............................         None        1,029  City of Raymore.
South Grand River:
    Approximately 5,160 feet downstream of             None          829  Cass County (Unincorporated Areas).
     State Highway 2.
    Approximately 765 feet upstream of Lake            None          850  ......................................
     Annette Road.
Tributary of Alexander Creek:
    Approximately 1,500 feet downstream of             None          988  Cass County (Unincorporated Areas)
     State Highway 58.                                                     City of Raymore.
    Approximately 85 feet upstream of State            None          996  ......................................
     Highway 58.
Upper East Fork of East Creek Tributary:
    Approximately 2,685 feet downstream of             None          947  Cass County (Unincorporated Areas)
     Good Ranch Road.                                                      City of Raymore.
    Approximately 50 feet upstream of Hubach           None          993  ......................................
     Hill Road.
Upper East Tributary of Mill Creek:
    At Highland Ridge Drive...................         None          933  Cass County (Unincorporated Areas)
                                                                           Village of Loch Lloyd.
    Approximately 5,800 feet upstream of               None          988  ......................................
     Highland Ridge Drive.
West Tributary of East Branch South Grand
 River:
    Approximately 2,095 feet downstream of             None          896  Cass County (Unincorporated Areas).
     East 223rd Street.
    Approximately 75 feet upstream of East             None          915  ......................................
     223rd Street.
West Tributary of Lumpkins Fork:
    At 155th Street...........................         None          946  Cass County (Unincorporated Areas).
    Approximately 1,065 feet upstream of 155th         None          998  ......................................
     Street.
Wolf Creek:
    Approximately 7,100 feet upstream of               None          889  Cass County (Unincorporated Areas)
     confluence with East Branch South Grand                               City of Peculiar.
     River.
    Approximately 1,170 feet upstream of 233rd         None          946
     Street.
-----------------------------------------------
Unincorporated Areas of Cass County, Missouri
Maps are available for inspection at 223 Main Street, Belton, Missouri.
 
Send comments to The Honorable Gene Molendorp, Cass County Commissioner, 223 Main Street, Belton, Missouri
 64012.
City of Belton, Cass County, Missouri
Maps are available for inspection at City Hall, 506 Main Street, Belton, Missouri.
 
Send comments to The Honorable Billie Pinkenpank, Mayor, City of Belton, 506 Main Street, Belton, Missouri
 64012.
City of Freeman, Cass County, Missouri
Maps are available for inspection at City Hall, 105 East Main Street, Freeman, Missouri.
 
Send comments to The Honorable Thomas Bray, Mayor, City of Freeman, 105 East Main Street, Freeman, MO 64725.
Village of Loch Lloyd, Cass County, Missouri
Maps are available for inspection at 16750 Country Club Drive, Loch Lloyd, Missouri.
 
Send comments to Mr. Wayne Little, Trustee, Village of Loch Lloyd, 16750 Country Club Drive, Loch Lloyd,
 Missouri 64012.
City of Peculiar, Cass County, Missouri
Maps are available for inspection at City Hall, 600 Schug Avenue, Peculiar, Missouri.
 
Send comments to The Honorable George Lewis, Mayor, City of Peculiar, 812 South Peculiar Drive, Peculiar,
 Missouri 64078.
City of Raymore, Cass County, Missouri
Maps are available for inspection at City Hall, 100 Municipal Circle, Raymore, Missouri.
 

[[Page 35599]]

 
Send comments to The Honorable Juan Alonzo, Mayor, City of Raymore, 109 North Darrowby, Raymore, Missouri 64083.
----------------------------------------------------------------------------------------------------------------
East Branch Knob Creek:
    At the confluence with Knob Creek.........         None          943  City of Pilot Knob Iron County
                                                                           (Unincorporated Areas).
    Approximately 4,170 feet upstream of Union         None          989  ......................................
     Pacific Railroad.
Knob Creek:
    At the confluence with Stouts Creek.......          882          886  City of Ironton City of Pilot Knob
                                                                           Iron County (Unincorporated Areas).
    Approximately 2,410 feet upstream of               None        1,012
     Mulberry Street.
Railroad Creek:
    At the confluence with Stouts Creek.......         None          895  City of Arcadia Iron County
                                                                           (Unincorporated Areas).
    Approximately 300 feet upstream of State           None          990
     Route 21.
Shepherd Mountain Lake Creek:
    At the confluence with Stouts Creek.......         None          950  Iron County (Unincorporated Areas).
    Approximately 3,380 feet upstream of Guhse         None        1,051
     Lane.
Stouts Creek:
    Approximately 4,000 feet upstream of State         None          862  City of Arcadia City of Ironton Iron
     Route 72.                                                             County (Unincorporated Areas).
    Approximately 5,860 feet upstream of the           None          990
     confluence of Shepherd Mountain Lake
     Creek.
West Branch Knob Creek:
    At the confluence with Knob Creek.........          934          933  Iron County (Unincorporated Areas).
    Approximately 2,140 feet upstream of               None        1,020
     Spitzmiller Drive.
-----------------------------------------------
City of Arcadia, Iron County, Missouri
Maps are available for inspection at 150 West Orchard, Arcadia, Missouri.
 
Send comments to The Honorable Roy Carr, Mayor, City of Arcadia, 150 West Orchard, Arcadia, Missouri 63621.
Unincorporated Areas of Iron County, Missouri
Maps are available for inspection at 250 South Main Street, Ironton, Missouri.
 
Send comments to The Honorable Terry W. Nichols, Presiding Commissioner, Iron County, 250 South Main Street,
 Ironton, Missouri 63650.
City of Ironton, Iron County, Missouri
Maps are available for inspection at 123 North Main, Ironton, Missouri.
 
Send comments to The Honorable Tom Hamilton, Mayor, City of Ironton, 123 North Main, Ironton, Missouri 63650.
City of Pilot Knob, Iron County, Missouri
Maps are available for inspection at 112 South McCune Street, Pilot Knob, Missouri.
 
Send comments to The Honorable Maxine Dettmer, Mayor, City of Pilot Knob, 112 South McCune Street, Pilot Knob,
 Missouri 63663.
----------------------------------------------------------------------------------------------------------------
Big Indian Creek:
    Approximately 2,800 feet upstream of State          505          506  Clermont County (Unincorporated
     Highway 756.                                                          Areas).
    Approximately 50 feet upstream of State            None          627
     Highway 743.
O'Bannon Creek:
    Approximately 2,300 feet downstream of              603          606  Clermont County (Unincorporated
     O'Bannonville Road.                                                   Areas).
    Approximately 50 feet upstream of State             790          791
     Highway 132.
Ohio River:
    Approximately 0.8 mile downstream of the            503          504  Clermont County (Unincorporated Areas)
     confluence of Pond Run.                                               Village of Chilo, Village of Moscow,
                                                                           Village of Neville, Village of New
                                                                           Richmond.
    Approximately 0.2 mile upstream of the              508          509
     confluence of Bullskin Creek.
-----------------------------------------------
Village of Chilo, Clermont County, Ohio
Maps are available for inspection at Permit Central, 2275 Bauer Road, Batavia, Ohio.
 
Send comments to The Honorable Thomas O'Brien, Mayor, Village of Chilo, 308 Washington Street, Chilo, Ohio
 45112.
Unincorporated Areas of Clermont County, Ohio
Maps are available for inspection at Permit Central, 2275 Bauer Road, Batavia, Ohio.
 
Send comments to The Honorable Bob Proud, Clermont County, Board of Commissioners, 101 East Main Street,
 Batavia, Ohio 45103.
Village of Moscow, Clermont County, Ohio
Maps are available for inspection at Permit Central, 2275 Bauer Road, Batavia, Ohio.
 
Send comments to The Honorable Timothy D. Suter, Mayor, Village of Moscow, 79 Elizabeth Street, Moscow, Ohio
 45153.
Village of Neville, Clermont County, Ohio
Maps are available for inspection at Permit Central, 2275 Bauer Road, Batavia, Ohio.
 
Send comments to The Honorable Ted Bowling, Mayor, Village of Neville, 608 Main Street, Neville, Ohio 45156.
Village of New Richmond, Clermont County, Ohio
Maps are available for inspection at Permit Central, 2275 Bauer Road, Batavia, Ohio.

[[Page 35600]]

 
Send comments to the Honorable Terry Durette, Mayor, Village of New Richmond, 102 Willow Street, New Richmond,
 Ohio 45157.
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Ohio River:
    Approximately 0.9 mile downstream of the            544          543  Village of Athalia, Village of
     confluence of Norman Run.                                             Chesapeake, Village of Coal Grove,
                                                                           Village of Hanging Rock, City of
                                                                           Ironton, Village of Proctorville,
                                                                           Village of South Point, Lawrence
                                                                           County, (Unincorporated Areas).
    Approximately 1.0 mile downstream of the            558          557
     confluence of Federal Creek.
Symmes Creek:
    At the confluence with the Ohio River.....          552          553  Village of Chesapeake Lawrence County
                                                                           (Unincorporated Areas).
    Approximately 2,400 feet downstream of the          552          553
     confluence of McKinney Creek.
Indian Guyan Creek:
    Approximately 0.6 mile upstream of County          None          565  Lawrence County (Unincorporated
     Route 65.                                                             Areas).
    Approximately 300 feet upstream of                 None         576
     Township Road 126.
Village of Athalia, Lawrence County, Ohio
Maps are available for inspection at the Community Map Repository, Village of Athalia, 14346 State Road 7,
 Proctorville, Ohio.
 
Send comments to The Honorable Ron McLintock, Mayor, Village of Athalia, 14346 State Road 7, Proctorville, Ohio
 45669.
Village of Chesapeake, Lawrence County, Ohio
Maps are available for inspection at the Community Map Repository, Village of Chesapeake, Town Hall, 211 Third
 Avenue, Chesapeake, Ohio.
 
Send comments to The Honorable James Justice, Mayor, Village of Chesapeake, Town Hall, 211 3rd Avenue,
 Chesapeake, Ohio 45619.
Village of Coal Grove, Lawrence County, Ohio
Maps are available for inspection at the Community Map Repository, Village of Coal Grove, 513 Carlton Davidson
 Lane, Coal Grove, Ohio.
 
Send comments to Ms. Juanita Markel, Clerk-Treasurer, Village of Coal Grove, 513 Carlton Davidson Lane, Coal
 Grove, Ohio 45638.
Village of Hanging Rock, Lawrence County, Ohio
Maps are available for inspection at the Community Map Repository, Village of Hanging Rock, 100 Scioto Avenue,
 Hanging Rock, Ohio.
 
Send comments to The Honorable Wayne Pennington, Mayor, Village of Hanging Rock,100 Scioto Avenue, Hanging Rock,
 Ohio 45638.
City of Ironton, Lawrence County, Ohio
Maps are available for inspection at the Community Map Repository, City of Ironton, 301 South 3rd Street,
 Ironton, Ohio.
 
Send comments to The Honorable Bob Cleary, Mayor, City of Ironton, 301 South 3rd Street, Ironton, Ohio 45638-
 0704.
Unincorporated Areas of Lawrence County, Ohio
Maps are available for inspection at the Community Map Repository, Lawrence County Floodplain Management
 Program, 305 North Fifth Street, Ironton, Ohio.
 
Send comments to Mr. George Patterson, President, Lawrence County Commissioners, 111 4th Street, Ironton, Ohio
 45638.
Village of Proctorville, Lawrence County, Ohio
Maps are available for inspection at the Community Map Repository, Village of Proctorville, Village Hall, 301
 State Street, Proctorville, Ohio.
 
Send comments to The Honorable Jim Buchanan, Mayor, Village of Proctorville, 301 State Street, Proctorville,
 Ohio 45669.
Village of South Point, Lawrence County, Ohio
Maps are available for inspection at the Community Map Repository, Village of South Point, 408 Second Street
 West, South Point, Ohio.
 
Send comments to The Honorable William Gaskin, Mayor, Village of South Point, 408 Second Street West, South
 Point, Ohio 45680.
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Baughman Slough:
    Approximately 415 feet upstream of the             None           91  City of Wharton Wharton County
     confluence with Peach Creek.                                          (Unincorporated Areas).
    Approximately 70 feet upstream of FM 640..         None          113  ......................................
Caney Creek:
    Just upstream of Dam 1....................         None          101  City of Wharton Wharton County
                                                                           ((Unincorporated Areas).
    Approximately 3,630 feet upstream of U.S.           109          107  ......................................
     Highway 59.
Colorado River:
    Approximately 2.21 miles downstream of the         None           67  City of Wharton Wharton County
     confluence of Jones Creek.                                            (Unincorporated Areas).
    Approximately 14.20 miles upstream of FM           None          138  ......................................
     960.
Peach Creek:
    Approximately 1,915 feet downstream of             None           91  Wharton County (Unincorporated Areas).
     County Road 129 (Montgomery Road).
    Approximately 4.32 miles downstream of             None          125  ......................................
     County Road 247.
-----------------------------------------------
City of Wharton, Wharton County, Texas
Maps are available for inspection at City Hall, 120 East Caney, Wharton, Texas.
 
Send comments to Mr. Andres Garza, Jr., City Manager, City of Wharton, 120 East Caney, Wharton, Texas 77488.
Unincorporated Areas of Wharton County, Texas
Maps are available for inspection at the Frank Shannon Building, 1017 North Alabama Road, Wharton, Texas.
 
Send comments to The Honorable John Murrile, Wharton County Judge, 309 East Milam, Suite 600, Wharton, Texas
 77488.
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[[Page 35601]]

(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance.'')
    Dated: June 14, 2005.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and 
Response Directorate.
[FR Doc. 05-12171 Filed 6-20-05; 8:45 am]
BILLING CODE 9110-12-P