[Federal Register Volume 70, Number 135 (Friday, July 15, 2005)]
[Proposed Rules]
[Pages 40951-40953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13928]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-P-7697]


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

[[Page 40952]]

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 record keeping 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          feet (NAVD)
   location of referenced    ---------------------- Communities affected
          elevation            Existing   Modified
------------------------------------------------------------------------
Heads Creek:
    Approximately 3,400 feet       None  [sdiam]45  City of Byrnes Mill
     upstream of the                             6   Jefferson County
     confluence with the Big                         (Unincorporated
     River.                                          Areas).
    Approximately 150 feet         None  [sdiam]55
     upstream of Heads Creek                     4
     Road.
Saline Creek Tributary:
    Approximately 150 feet    [sdiam]49  [sdiam]49  Jefferson County
     upstream of the                  0          1   (Unincorporated
     confluence with Saline                          Areas).
     Creek.
    Approximately 100 feet         None  [sdiam]70
     upstream of Schumacher                      3
     Road.
Unnamed Tributary to Sandy
 Creek:
    Approximately 1,200 feet       None  [sdiam]41  City of Pevely
     upstream of the                             3   Jefferson County
     confluence with Sandy                           (Unincorporated
     Creek.                                          Areas).
    Approximately 70 feet          None  [sdiam]45
     upstream of State                           5
     Highway Z.
-----------------------------                       ....................
                                ADDRESSES
 
City of Byrnes Mill, Jefferson County, Missouri.
 
Maps are available for inspection at City Hall, 127 Osage Executive
 Circle, Byrnes Mill, Missouri.
Send comments to The Honorable Timothy Checkett, Mayor, City of Byrnes
 Mill, City Hall, 127 Osage Executive Circle, Byrnes Mill, Missouri
 63051.
 
Unincorporated Areas of Jefferson County, Missouri.
 
Maps are available for inspection at the Annex Building, 725 Maple
 Street, Hillsboro, Missouri.
Send comments to The Honorable Edward L. Kemp, First District
 Commissioner, Jefferson County Courthouse, 729 Maple Street, Hillsboro,
 Missouri 63050.
 
City of Pevely, Jefferson County, Missouri.
 
Maps are available for inspection at 301 Main Street, Pevely, Missouri.
Send comments to The Honorable John Knobloch, Mayor, City of Pevely, 301
 Main Street, Pevely, Missouri 63070.
------------------------------------------------------------------------
North Fork Big Nemaha River:

[[Page 40953]]

 
    Approximately 1.87 miles       None  [sdiam]1,  City of Tecumseh
     downstream of State                       097   Johnson County
     Highway 50.                                     (Unincorporated
                                                     Areas).
    Just downstream of the         None  [sdiam]1,
     Burlington Northern                       123
     Railroad (2nd Crossing).
North Fork Big Nemaha River
 (Southwest Split Flow):
    At the confluence with         None  [sdiam]1,  City of Tecumseh
     North Fork Big Nemaha                     114   Johnson County
     River.                                          (Unincorporated
                                                     Areas).
    Approximately 4,520 feet       None  [sdiam]1,
     upstream of U.S.                          123
     Highway 136.
Town Branch:
    At confluence with North  [sdiam]1,  [sdiam]1,  City of Tecumseh
     Fork Big Nemaha River..        113        111   Johnson County
                                                     (Unincorporated
                                                     Areas).
    Approximately 3,150 feet       None  [sdiam]1,
     upstream of U.S.                          144
     Highway 136..
-----------------------------
                                ADDRESSES
City of Tecumseh, Johnson County, Nebraska.
 
Maps are available for inspection at City Hall, 122 South 4th Street,
 Tecumseh, Nebraska.
Send comments to The Honorable Jim Reed, Mayor, City of Tecumseh, Route
 3, Box 29. Tecumseh, Nebraska 68450.
 
Unincorporated Areas of Johnson County, Nebraska.
 
Maps are available for inspection at Johnson County Clerk's Office, 351
 Broadway Street, Tecumseh, Nebraska.
Send comments to The Honorable Terry Keebler, Chairman, Board of
 Commissioners, 73222 607th Avenue, Sterling, Nebraska 68443.
------------------------------------------------------------------------


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


    Dated: July 6, 2005.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and 
Response Directorate.
[FR Doc. 05-13928 Filed 7-14-05; 8:45 am]
BILLING CODE 9110-12-P