[Federal Register Volume 70, Number 123 (Tuesday, June 28, 2005)]
[Proposed Rules]
[Pages 37071-37074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12682]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-P-7693]


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

[[Page 37072]]

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.


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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                                             1/81/65/23/31/19/43/8Elevation
     Source of flooding and location of              in feet (NAVD)
            referenced elevation            --------------------------------        Communities  affected
                                                Existing        Modified
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Artichoke Creek:
    At County Highway 27...................          None    1/81/65/23/31/  Big Stone County (Unincorporated
                                                             19/43/81,085     Areas).
    Approximately 6,800 feet upstream of             None    1/81/65/23/31/
     County Highway 27.                                      19/43/81,085
Big Stone Lake:
    Approximately 1,056 feet upstream of     1/81/65/23/31/  1/81/65/23/31/  Big Stone County (Unincorporated
     U.S. Highway 12.                          19/43/8971      19/43/8972     Areas).
                                                                             City of Ortonville.
    At the confluence of the Little          1/81/65/23/31/  1/81/65/23/31/
     Minnesota River.                          19/43/8971      19/43/8972
County Ditch No. 2:
    At the confluence with Five Mile Creek.          None    1/81/65/23/31/  Big Stone County (Unincorporated
                                                             19/43/81,002     Areas).
    Approximately 3,190 feet upstream of             None    1/81/65/23/31/
     County Highway 81.                                      19/43/81,115
County Ditch No. 4:
    At the confluence with the Minnesota     1/81/65/23/31/  1/81/65/23/31/  Big Stone County (Unincorporated
     River Tailwaters.                         19/43/8949      19/43/8950     Areas).
                                                                             City of Odessa.
    Approximately 1,170 feet upstream of             None    1/81/65/23/31/
     County Highway 21.                                        19/43/8961
County Ditch No. 4 Diversion Channel:
    At the confluence with County Ditch No.          None    1/81/65/23/31/  Big Stone County (Unincorporated
     4.                                                        19/43/8950     Areas).
                                                                             City of Odessa.
    At the divergence from County Ditch No.          None    1/81/65/23/31/
     4.                                                        19/43/8958
Fish Creek:
    At the confluence with Big Stone Lake..  1/81/65/23/31/  1/81/65/23/31/  Big Stone County (Unincorporated
                                               19/43/8971      19/43/8972     Areas).
    Approximately 3,550 feet upstream of             None    1/81/65/23/31/
     State Highway 28.                                       19/43/81,108
Five Mile Creek:
    At the confluence with Marsh Lake......  1/81/65/23/31/  1/81/65/23/31/  Big Stone County (Unincorporated
                                               19/43/8946      19/43/8948     Areas).
    At the confluence of County Ditch No. 2          None    1/81/65/23/31/
                                                             19/43/81,002
Golf Lake: Entire shoreline................          None    1/81/65/23/31/  Big Stone County (Unincorporated
                                                             19/43/81,095     Areas).
                                                                             City of Graceville.
Lannon Lake: Entire shoreline..............          None    1/81/65/23/31/  Big Stone County (Unincorporated
                                                             19/43/81,097     Areas)
                                                                             City of Graceville
Little Minnesota River:
    At the confluence with Big Stone Lake..  1/81/65/23/31/  1/81/65/23/31/  Big Stone County (Unincorporated
                                               19/43/8971      19/43/8972     Areas).
    Approximately 680 feet upstream of       1/81/65/23/31/  1/81/65/23/31/
     northeastern county boundary.             19/43/8971      19/43/8972
Meadow Brook:
    At the confluence with Big Stone Lake..  1/81/65/23/31/  1/81/65/23/31/  Big Stone County (Unincorporated
                                               19/43/8971      19/43/8972     Areas).
    Approximately 830 feet upstream of               None    1/81/65/23/31/
     County Highway 6.                                       19/43/81,143
Minnesota River:

[[Page 37073]]

 
    Approximately 1.8 miles downstream of    1/81/65/23/31/  1/81/65/23/31/  Big Stone County (Unincorporated
     the confluence with Five Mile Creek.      19/43/8946      19/43/8948     Areas).
                                                                             City of Odessa.
                                                                             City of Ortonville.
    At the confluence of the Little          1/81/65/23/31/  1/81/65/23/31/
     Minnesota River.                          19/43/8971      19/43/8972
Minnesota River Tailwaters:
    At the confluence with the Minnesota     1/81/65/23/31/  1/81/65/23/31/  Big Stone County (Unincorporated
     River.                                    19/43/8948      19/43/8949     Areas).
    Approximately 430 feet upstream of U.S.  1/81/65/23/31/  1/81/65/23/31/
     Highway 75.                               19/43/8949      19/43/8950
Stony Run:
    At the confluence with the Minnesota     1/81/65/23/31/  1/81/65/23/31/  Big Stone County (Unincorporated
     River.                                    19/43/8958      19/43/8959     Areas).
                                                                             City of Odessa.
    Approximately 20,520 feet upstream of            None    1/81/65/23/31/
     U.S. Highway 75/State Highway 7.                        19/43/81,017
Unnamed Tributary:
    At the confluence with Big Stone Lake..  1/81/65/23/31/  1/81/65/23/31/  Big Stone County (Unincorporated
                                               19/43/8971      19/43/8972     Areas).
    Approximately 18,030 feet upstream of            None    1/81/65/23/31/
     State Highway 7.                                        19/43/81,056
West Toqua Lake............................          None    1/81/65/23/31/  Big Stone County (Unincorporated
                                                             19/43/81,089     Areas).
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Addresses
 
Unincorporated Areas of Big Stone County, Minnesota.
 
Maps are available for inspection at the Planning and Zoning Office, 20 Southeast 2nd Street, Ortonville,
 Minnesota.
Send comments to The Honorable David Torgerson, Chairman, Big Stone County Board of Commissioners, 20 Southeast
 2nd Street, Ortonville, Minnesota 56278.
City of Graceville, Big Stone County, Minnesota.
 
Maps are available for inspection at 415 Studdart Avenue, Graceville, Minnesota.
Send comments to The Honorable Audrey Rahlien, Mayor, City of Graceville, 415 Studdart Avenue, Graceville,
 Minnesota 56240.
City of Odessa, Big Stone County, Minnesota.
 
Maps are available for inspection at 214 Bloomington Avenue South, Odessa, Minnesota.
Send comments to The Honorable Catherine Teske, Mayor, City of Odessa, 214 Bloomington Avenue South, Odessa,
 Minnesota 56276.
City of Ortonville, Big Stone County, Minnesota.
 
Maps are available for inspection at the Ortonville City office, 315 Madison Avenue, Ortonville, Minnesota.
Send comments to The Honorable David Dinnel, Mayor, City of Ortonville, 315 Madison Avenue, Ortonville,
 Minnesota 56278.
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Ohio River (Vicinity of the Village of
 Powhatan Point):
    Approximately 1.4 miles downstream of    1/81/65/23/31/  1/81/65/23/31/  Village of Powhatan Point.
     the confluence of Captina Creek.          19/43/8646      19/43/8645
    Approximately 0.17 mile upstream of the  1/81/65/23/31/  1/81/65/23/31/
     confluence of Captina Creek.              19/43/8647      19/43/8646
Ohio River (Vicinity of the Village of
 Shadyside):
    Approximately 0.15 mile upstream of the  1/81/65/23/31/  1/81/65/23/31/  Village of Shadyside
     confluence of Wegee Creek.                19/43/8654      19/43/8653    Belmont County (Unincorporated
                                                                              Areas).
    Approximately 0.37 mile upstream of the  1/81/65/23/31/  1/81/65/23/31/
     confluence of Wegee Creek.                19/43/8654      19/43/8653
Ohio River (Vicinity of the City of Martins
 Ferry):
    Approximately 0.25 mile upstream of the  1/81/65/23/31/  1/81/65/23/31/  City of Martins Ferry.
     Aetnaville Highway.                       19/43/8659      19/43/8658    Belmont County (Unincorporated
                                                                              Areas).
    Approximately 0.12 mile upstream of the  1/81/65/23/31/  1/81/65/23/31/
     confluence of Glenn's Run.                19/43/8661      19/43/8660
--------------------------------------------
Addresses
 
Unincorporated Areas of Belmont County, Ohio
 
Maps are available for inspection at the Belmont County Courthouse, 101 Main Street, St. Clairesville, Ohio
 43906.
Send comments to Mr. Mark Thomas, President, County Board of Commissioners, 101 Main Street, Clairesville, OH
 43906.
City of Martin's Ferry, Belmont County, Ohio
 
Maps are available for inspection at City Hall, 35 South 5th Street, Martins Ferry, Ohio.
 
Send comments to The Honorable Lloyd L. Shrodes, Mayor, City of Martins Ferry, 35 South 5th Street, Martins
 Ferry, Ohio 43935.
 
Village of Powhatan Point, Belmont County, Ohio.
 
Maps are available for inspection at Village Hall, 104 Mellott Street, Powhatan Point, Ohio.
 
Send comments to The Honorable William Anthony Pratt, Mayor, Village of Powhatan Point, 104 Mellott Street,
 Powhatan Point, Ohio 43942.
 
Village of Shadyside, Belmont County, Ohio.
 
Maps are available for inspection at Village Hall, 50 East 39th Street, Shadyside, Ohio.
 
Send comments to The Honorable Edward L. Marling, Mayor, Village of Shadyside, 50 East 39th Street, Shadyside,
 Ohio 43947.
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Permars Run:
    Approximately 740 feet downstream of             None    1/81/65/23/31/  Village of Steubenville.
     Cliff Avenue.                                             19/43/8708    Jefferson County (Unincorporated
                                                                              Areas).
    Approximately 8,095 feet upstream of             None    1/81/65/23/31/
     Cliff Avenue.                                             19/43/8892
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[[Page 37074]]

 
Addresses
 
Unincorporated Areas of Jefferson County, Ohio.
 
Maps are available for inspection at the Jefferson County Regional Planning Commission, 500 Market Street, Room
 614, Steubenville, Ohio.
 
Send comments to Dr. Thomas E. Graham, President, Board of Commissioners, County Courthouse, 500 Market Street,
 Steubenville, Ohio 43952.
 
City of Steubenville, Jefferson County, Ohio.
 
Maps are available for inspection at 238 South Lake Erie, Steubenville, Ohio.
 
Send comments to The Honorable Domenick Mucci, Jr. Mayor, City of Steubenville, 300 Market Street, Steubenville,
 Ohio 43952.
 
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance.'')

    Dated: June 22, 2005.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and 
Response Directorate.
[FR Doc. 05-12682 Filed 6-27-05; 8:45 am]
BILLING CODE 9110-12-P