Federal Register / Vol. 69, No. 201 / Tuesday, October 19, 2004 / Proposed Rules 61457

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed rule 

under Commandant Instruction 

M16475.1D, which guides the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded that there are no factors 

in this case that would limit the use of 

a categorical exclusion under section 

2.B.2 of the Instruction. Therefore, this 

rule is categorically excluded, under 

figure 2–1, paragraph (32)(e), of the 

Instruction, from further environment 

documentation because it has been 

determined that the promulgation of 

operating regulations or procedures for 

drawbridges are categorically excluded.

List of Subjects in 33 CFR Part 117

Bridges.

Regulations 

For the reasons set out in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 117 as follows:

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

1. The authority citation for part 117 

continues to read as follows:

Authority: 33 U.S.C. 499; Department of 

Homeland Security Delegation No. 0170.1; 33 

CFR 1.05–1(g); section 117.255 also issued 

under the authority of Pub. L. 102–587, 106 

Stat. 5039. 

2. From December 1, 2004 through 

March 31, 2006, § 117.205 is 

temporarily amended by suspending 

paragraph (c) and adding a new 

paragraph (d) to read as follows:

§ 117.205 Connecticut River

* * * * *

(d) The draw of the Route 82 Bridge, 

mile 16.8, at East Haddam shall operate 

as follows: 

(1) From November 1 through July 6 

the draw shall open on signal at 5:30 

a.m., 1:30 p.m., and 8 p.m., daily. 

(2) From July 7 through October 31, 

Monday through Thursday, the draw 

shall open on signal at 5:30 a.m., 1:30 

p.m., and 8 p.m. On Friday the draw 

shall open on signal at 5:30 a.m., 1:30 

p.m., 8 p.m., and 11:30 p.m. On 

Saturday and Sunday the draw shall 

open on signal at 5:30 a.m., 8:30 a.m., 

1:30 p.m., 4 p.m., 8 p.m., and 11:30 p.m. 

(3) The draw need not open for the 

passage of vessel traffic on the following 

dates: March 21, 2005 through March 

28, 2005; October 18, 19 and 20, 2005; 

and December 14, 2005. 

(4) At all times, other than the dates 

identified in paragraph (d)(3) of this 

section, the draw shall open on signal 

for commercial vessels provided at least 

a two-hour advance notice is given.

Dated: October 6, 2004. 

David P. Pekoske, 

Rear Admiral, U.S. Coast Guard, Commander, 

First Coast Guard District.

[FR Doc. 04–23372 Filed 10–18–04; 8:45 am] 

BILLING CODE 4910–15–P

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67

[Docket No. FEMA–P–7661] 

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. 

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.

61458 Federal Register / Vol. 69, No. 201 / Tuesday, October 19, 2004 / Proposed Rules 

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.

§ 67.4 [Amended] 

2. The tables published under the 

authority of § 67.4 are proposed to be 

amended as follows:

Source of flooding and location of referenced elevation 

♦Elevation in feet (NAVD) 

Communities affected 

Existing Modified 

Alexander Creek:

Approximately 8,025 feet upstream of Ward Road ... None ♦942 Cass County (Unincorporated Areas), City of Raymore. 

Approximately 5,600 feet upstream of Prairie Road None ♦1,004 

East Branch South Grand River:

Approximately 9,900 feet upstream of confluence of 

Wolf Creek.

None ♦886 Cass County (Unincorporated Areas) City of Peculiar. 

Approximately 510 feet upstream of Kendall Road .. None ♦954 

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 confluence 

with West Fork East Creek.

None ♦990 

East Creek Tributary:

Approximately 990 feet downstream of Pickering 

Road.

None ♦918 Cass County (Unincorporated Areas) City of Raymore. 

Approximately 10,000 feet upstream of confluence 

of North Fork East Creek Tributary.

None ♦1,000 

East Fork of East Tributary of East Branch South Grand 

River:

At confluence with East Tributary of East Branch 

South Grand River.

None ♦937 Cass County (Unincorporated Areas). 

Approximately 3,250 feet upstream of 200th Street None ♦1,007 

East Tributary of East Branch South Grand River:

At confluence with East Branch South Grand River None ♦889 Cass County (Unincorporated Areas). 

Approximately 2,920 feet upstream of Prairie Road None ♦993 

East Tributary of Lumpkins Fork:

Approximately 4,770 feet downstream of North 

Madison Street.

None ♦954 City of Raymore. 

Approximately 40 feet upstream of 155th Street ...... None ♦999 

East Tributary of Massey Creek:

Approximately 3,225 feet downstream of Missouri 

Highway D.

None ♦944 Cass County (Unincorporated Areas). 

Approximately 85 feet upstream of Cedar Road ....... None ♦997 

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. Highway 71.None ♦987 

Lower East Tributary of Mill Creek:

At confluence with Mill Creek .................................... None ♦885 Cass County (Unincorporated Areas). 

Approximately 8,120 feet upstream of Confluence 

with Mill Creek.

None ♦937 

Lumpkins Fork:

At 155th Street ........................................................... None ♦945 Cass County (Unincorporated Areas). 

Approximately 70 feet upstream of North Madison 

Street.

None ♦979

Massey Creek: 

Approximately 5,070 feet downstream of 223rd 

Street.

None ♦904 Cass County (Unincorporated Areas). 

At State Line Road .................................................... None ♦969

Middle East Tributary of Mill Creek:

Approximately 3,950 feet upstream of confluence 

with Mill Creek.

None ♦912 Cass County (Unincorporated Areas). 

Approximately 6,320 feet upstream of confluence 

with Mill Creek.

None ♦940 

Mill Creek:

At County Boundary .................................................. None ♦871 Cass County (Unincorporated Areas). 

Approximately 95 feet downstream of 187th Street .. None ♦1,045

North Branch of Upper East Fork of East Creek Tributary:

Federal Register / Vol. 69, No. 201 / Tuesday, October 19, 2004 / Proposed Rules 61459

Source of flooding and location of referenced elevation 

♦Elevation in feet (NAVD) 

Communities affected 

Existing Modified 

Approximately 1,700 feet downstream of Hubach 

Hill Road.

None ♦976 Cass County (Unincorporated Areas). 

Approximately 25 feet upstream of Hubach Hill 

Road.

None ♦986

North Fork of East Creek Tributary:

At confluence with East Creek Tributary ................... None ♦953 Cass County (Unincorporated Areas). 

Approximately 11,000 feet upstream of confluence 

with East Creek Tributary.

None ♦990 

North Tributary of Wolf Creek:

Approximately 410 feet downstream of East 233rd 

Street.

None ♦927 Cass County (Unincorporated Areas) City of Peculiar. 

Approximately 40 feet upstream of 227th Street ...... None ♦954

Poney Creek:

Approximately 4,925 feet downstream of Bennett 

Road.

None ♦831 Cass County (Unincorporated Areas) City of Freeman. 

Approximately 7,550 feet upstream of Poney Creek 

Road.

None ♦849

Silver Lake ................................................................. None ♦1,029 City of Raymore. 

South Grand River:

Approximately 5,160 feet downstream of State Highway 2.None ♦829 Cass County (Unincorporated Areas). 

Approximately 765 feet upstream of Lake Annette 

Road.

None ♦850

Tributary of Alexander Creek:

Approximately 1,500 feet downstream of State Highway 58.None ♦988 Cass County (Unincorporated Areas) City of Raymore. 

Approximately 85 feet upstream of State Highway 

58.

None ♦996

Upper East Fork of East Creek Tributary:

Approximately 2,685 feet downstream of Good 

Ranch Road.

None ♦947 Cass County (Unincorporated Areas), City of Raymore. 

Approximately 50 feet upstream of Hubach Hill 

Road.

None ♦993 

Upper East Tributary of Mill Creek:

At Highland Ridge Drive ............................................ None ♦933 Cass County (Unincorporated Areas). 

Approximately 5,800 feet upstream of Highland 

Ridge Drive.

None ♦988 

West Tributary of East Branch South Grand River:

Approximately 2,095 feet downstream of East 223rd 

Street.

None ♦896 Cass County (Unincorporated Areas). 

Approximately 75 feet upstream of East 223rd 

Street.

None ♦915 

West Tributary of Lumpkins Fork:

At 155th Street ........................................................... None ♦946 Cass County (Unincorporated Areas). 

Approximately 1,065 feet upstream of 155th Street None ♦998 

Wolf Creek:

Approximately 7,100 feet upstream of confluence 

with East Branch South Grand River.

None ♦889 Cass County (Unincorporated Areas) City of Peculiar. 

Approximately 1,170 feet upstream of 233rd Street None ♦946 

Addresses

Cass County (Unincorporated Areas)

Maps are available for inspection at 102 East Wall Street, Harrisonville, Missouri.

Send comments to The Honorable Gary Mallory, Commissioner, Cass County, 102 East Wall Street, Harrisonville, Missouri 64701.

City of Belton

Maps are available for inspection at City Hall, 506 Main Street, Belton, Missouri.

Send comments to The Honorable Robert Gregory, Mayor, City of Belton, 506 Main Street, Belton, Missouri 64012.

City of Freeman

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, Missouri 64725.

City of Peculiar

Maps are available for inspection at City Hall, 600 Schug Avenue, Peculiar, Missouri.

Send comments to The Honorable George Lewis, Mayor, City of Peculiar, 600 Schug Avenue, P.O. Box 372, Peculiar, Missouri 64078.

City of Raymore

Maps are available for inspection at City Hall, 100 Municipal Circle, Raymore, Missouri.

Send comments to The Honorable Juan Alonzo, Mayor, City of Raymore, 100 Municipal Circle, Raymore, Missouri 64083. 

Osage River:

61460 Federal Register / Vol. 69, No. 201 / Tuesday, October 19, 2004 / Proposed Rules 

Source of flooding and location of referenced elevation 

♦Elevation in feet (NAVD) 

Communities affected 

Existing Modified 

Approximately 28,150 feet downstream of U.S. 

Highway 50.

♦544 ♦543 Osage County (Unincorporated Areas). 

Approximately 131,850 feet upstream of U.S. Highway 50.None ♦557 

Maps are available for inspection at Osage County Courthouse, 106 East Main Street, Linn, Missouri.

Send comments to Mr. Bradley J. Strope, Floodplain Administrator, P.O. Box 1011, Linn, Missouri 65051. 

(Catalog of Federal Domestic Assistance 

No. 83.100, ‘‘Flood Insurance’’)

Dated: October 6, 2004. 

David I. Maurstad, 

Acting Director, Mitigation Division, 

Emergency Preparedness and Response 

Directorate.

[FR Doc. 04–23307 Filed 10–18–04; 8:45 am] 

BILLING CODE 9110–12–P

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67

[Docket No. FEMA–B–7449] 

Proposed Flood Elevation 

Determinations

AGENCY: Federal Emergency 

Management Agency (FEMA), 

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 modifcations 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: FEMA 

proposes to make determinations of 

BFEs and modified BFEs for each 

community listed below, in accordance 

with Section 110 of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 4104, 

and 44 CFR 67.4(a). 

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 

premium rates for the 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 proposed 

rule is exempt from the requirements of 

the Regulatory Flexibility Act because 

proposed or modified BFEs are required 

by the Flood Disaster Protection Act of 

1973, 42 U.S.C. 4104, and are required 

to establish and 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 

procedures, 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.; 

Reorganziation Plan No. 3 of 1978, 3 CFR, 

1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 

3 CFR, 1979 Comp., p. 376, § 67.4.

2. The tables published under the 

authority of § 67.4 are proposed to be 

amended as follows:

State City/town/

county 

Source of 

flooding Location 

+Elevation in feet (NAVD) 

Existing Modified 

North Dakota ... Lincoln (City), 

Burleigh 

County.

Apple Creek ... Just upstream of Railroad ........................................................ None +1,644