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 Department of Homeland Security Federal Emergency Management Agency 44 CFR Part 67
[Docket No. FEMA-P-7663]
 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, 
                    ( print page 72159)
                    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. § 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
# Depth in feet above
                                     ground *Elevation in feet  
                                     (NGVD) 
                                     ◆Elevation in feet  
                                     (NAVD)Existing
ModifiedIndiana
Indianapolis (City) McClain County
Berkshire Creek
At its confluence with Devon Creek
N/A
*746Approximately 150 feet upstream of Marrison Place
N/A
*780Buffalo Creek
Just upstream of West County Line Road
*709
*707At East Stop 11 Road
*758
*754Devon Creek
Approximately 740 feet downstream of Millersville Road
*734
*733Approximately 100 feet upstream of Laurel Falls Road
N/A
*814Little Buck Creek
Approximately 300 feet downstream of South Tibbs Avenue
*670
*669Approximately 75 feet upstream of the furthest upstream crossing of East Engewood Avenue
N/A
*844Maps are avaialble for inspection at 2142 City-County Building, 200 East Washington Street, Indianapolis, Indiana.Send comments to The Honorable Bart Peterson, Mayor, City of Indianapolis, 2501 City-County Building, 200 East Washington Street, Indianapolis, Indiana 46204.Nebraska
Wakefield (City) Dixon and Wayne Counties
Logan Creek Dredge
Approximately 1.4 miles downstream of State Highway 35
None
◆1,378Approximately 0.6 mile upstream of County Road 859
None
◆1,389South Logan Creek
At confluence with Logan Creek Dredge
None
◆1,387Approximately 1.2 miles upstream of the confluence with Logan Creek Dredge
None
◆1,390Ponding areas west of State Highway 35 and north of Abandoned Railroad (4)
Entire shoreline
None
◆1,382Ponding areas adjacent to State Highway 35 and north of Abandoned Railroad (4)
Entire shoreline
None
◆1,380Ponding area east of State Highway 35
Entire shoreline
None
◆1,376Ponding area east of State Highway 35 and south of Abandoned Railroad
Entire shoreline
None
◆1,378Maps are avaialble for inspection at 405 Main Street, Wakefield, Nebraska.Send comments to The Honorable Jim Clark, Mayor, City of Wakefield, 405 Main Street, P.O. Box 178, Wakefield, Nebraska 68784.Oklahoma
Blanchard (City) Grady and McClain Counties
Bridge Creek
Approximately 150 feet downstream of County Line Road
None
*1,199Just downstream of County Line Road
None
*1,199East Branch Walnut Creek Tributary
Approximately 1,675 feet downstream of Southeast 7th Street
None
*1,196( print page 72160)Approximately 525 feet upstream of Northeast 10th Street
None
*1,270North Fork Walnut Creek
Approxiamtely 2,570 feet downstream of U.S. Highway 62/277
None
*1,164Approxiamtely 22,820 feet upstream of U.S. Highway 62/277
None
*1,201Stinson Creek
Approximately 20 feet downstream of Sandrock Road
None
*1,208Approxiamtely 1,190 feet upstream of Sandrock Road
None
*1,212Tributary A2
At the confluence with West Branch Walnut Creek Tributary
None
*1,217Approxiamtely 3,585 feet upstream of the confluence with West Branch Walnut Creek Tributary
None
*1,241West Branch Walnut Creek Tributary
Approximately 4,035 feet downstream of Southeast 7th Street
None
*1,195Approximately 3,690 feet upstream of N2990 Road
None
*1,242Maps are available for inspection at City Hall, 114 West Broadway, Blanchard, Oklahoma.Send comments to The Honorable Barbara Harris, Mayor, City of Blanchard, City Hall, 114 West Broadway, Blanchard, Oklahoma 73010.Oklahoma
Grady County (Unincorporated Areas)
West Branch Walnut Creek Tributary
Approximately 160 feet downstream of N2990 Road
None
*1,227Approximately 4,030 feet upstream of N2990 Road
None
*1,244Maps are available for inspection at 4th Street and Choctaw Street, Chickasha, Oklahoma.Send comments to The Honorable Jack Porter, Chairman, Grady County Board of Commissioners, 326 West Chuctaw, Chickasha, Oklahoma 73108.Oklahoma
McAlester (City) Pittsburg County
Tributary A
Approximately 4,875 feet downstream of Village Boulevard
◆681
◆682Approximately 2,100 feet upstream of Crooked Oak Lane.
◆764
◆756Tributary AA
At the confluence with Tributary A.
◆697
◆698Approximately 3,275 feet upstream of U.S. Highway 69
◆755
◆754Tributary B
Approximately 490 feet downstream of South C Street
◆690
◆687Tributary B
Approximately 300 feet upstream of U.S. Highway 69 Service Road (2nd crossing)
None
◆741Tributary C
Just upstream of Union Pacific Railroad
◆647
◆646Approximately 550 feet upstream of East Monroe Avenue
◆687
◆686Tributary D
Just upstream of South F Street
◆681
◆678Approximatley 1,375 feet upstream of East South Avenue
◆725
◆726Tributary DD
At the confluence with Tributary D
◆701
◆703Approximately 325 feet upstream of East Seminole Avenue
None
◆715Maps are available for inspection at 28 East Washington Street, McAlester, Oklahoma.Send comments to The Honorable Dale Covington, Mayor, City of McAlester, 28 East Washington Street, McAlester, Oklahoma 74502.Oklahoma
McClain County (Unincorporated Areas)
East Branch Walnut Creek Tributary
At the confluence with West Branch Walnut Creek Tributary
None
*1,180Approximately 2,320 feet upstream of confluence with West Branch Walnut Creek Tributary
None
*1,197North Fork Walnut Creek
Approximately 24,660 feet upstream of the confluence with Walnut Creek
None
*1,164Approximately 7,340 feet upstream of State Highway 76
None
*1,201Stinson Creek (Lower Reach)
At the confluence with North Fork Walnut Creek
None
*1,175( print page 72161)Approximately 6,500 feet upstream of Quailhaven Road
None
*1,208West Branch Walnut Creek Tirubtary
Approximately 3,350 feet upstream of the confluence with Walnut Creek
None
*1,171Approximately 2,590 feet upstream of Tyler Avenue
None
*1,206Maps are available for inspection at 501 North Street, Purcell, Oklahoma.Send comments to The Honorable Loyd Tucker, Chairman, McClain County Board of Commissioners, 501 North Street, P.O. Box 629, Purcell, Oklahoma 73080.Texas
Eagle Pass (City) Maverick County
Eagle Pass Creek
At the confluence with Rio Grande.
*712
*716Approximately 200 feet upstream of Vista Hermosa Drive
None
*790Eagle Pass Creek Tributary 1
Just upstream of Union Pacific Railroad
*727
*726Approximately 330 feet upstream of Travis Street
*743
*741Eagle Pass Creek Tributary 2
Just upstream of the confluence with Eagle Pass Creek
*743
741Approximately 2,100 feet upstream of North Bibb Avenue
None
*799Rio Grande
Approximately 1,950 feet downstream of International Union Pacific Railroad Bridge
*709
*710Approximately 1,950 feet upstream of East Garrison Street
*719
*722Tributary to East Seco Creek
Approximately 100 feet downstream of U.S. Highway 277
None
*736Approximately 1,185 feet upstream of U.S. Highway 277
None
*744Unnamed Tributary of Rio Grande
Approximately 1,620 feet downstream of FM 3443 (1st Crossing)
None
*739Approximately 1,620 feet upstream of East Main Street
None
*772Maps are available for inspection at City Hall, 100 South Monroe Street, Eagle Pass, Texas.Send comments to The Honorable Chad Foster, Mayor, City of Eagle Pass, City Hall, 100 South Monroe Street, Eagle Pass, Texas 78852.Wisconsin
Manitowoc (City)
Manitowoc River
At South 10th Street
*584
*585Manitowoc County

Approximately 2,550 feet downstream of Michigan Avenue
*603
*604Maps area available for inspection at the Manitowoc City Hall, 900 Quay Street, Manitowoc, Wisconsin.Send comments to The Honorable Kevin Crawford, Mayor, City of Manitowoc, 900 Quay Street, Manitowoc, Wisconsin 54220.
 (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”) Dated: December 7, 2004. David I. Maurstad, Acting Director, Mitigation Division, Emergency Preparedness and Response Directorate.


[FR Doc. 04-27245 Filed 12-10-04; 8:45 am] BILLING CODE 9110-12-P