[Federal Register Volume 69, Number 238 (Monday, December 13, 2004)]
[Proposed Rules]
[Pages 72156-72158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27246]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-P-7665]


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.

[[Page 72157]]

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:

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                                                   [sdiam] Elevation in
 Source of flooding and location of referenced          feet (NAVD)
                   elevation                    --------------------------          Communities affected
                                                   Existing     Modified
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Alligator Bayou:
    At the confluence with Flat River..........  [sdiam] 163  [sdiam] 160  City of Bossier City.
    Approximately 1,550 feet downstream of U.S.  [sdiam] 163  [sdiam] 162  .....................................
     Highway 79/80 Eastbound.
Benoit Bayou:
    At the confluence with Macks Bayou Segment   [sdiam] 166  [sdiam] 168  City of Bossier City, Bossier Parish
     G and Macks Bayou Segment H.                                           (Unincorporated Areas).
    Approximately 12,520 feet upstream of               None  [sdiam] 173  .....................................
     Brownlee Road.
Bossier Ditch:
    Approximately 60 feet upstream of the        [sdiam] 160  [sdiam] 159  City of Bossier City.
     confluence with Cooper Bayou and Macks
     Bayou Segment F.
    Approximately 180 feet upstream of Benton           None  [sdiam] 170  .....................................
     Road.
Fifi Bayou:
    Just upstream of U.S. Interstate 20........         None  [sdiam] 174  Bossier Parish (Unincorporated
                                                                            Areas).
    Approximately 9,000 feet upstream of                None  [sdiam] 190  .....................................
     Winfield Road.
Flat River:
    Just upstream of State Route 527...........         None  [sdiam] 154  City of Bossier City, Bossier Parish
                                                                            (Unincorporated Areas).
    Approximately 500 feet upstream of U.S.      [sdiam] 165  [sdiam] 164  .....................................
     Interstate 220 Westbound.
Flat River Drainage Canal:
    Just upstream of Coy Road..................  [sdiam] 166  [sdiam] 165  City of Bossier, City Bossier Parish
                                                                            (Unincorporated Areas).
    Approximately 400 feet upstream of Airline   [sdiam] 173  [sdiam] 174  .....................................
     Drive.
Herndon Ditch:                                   ...........
    At the confluence with Flat River..........  [sdiam] 156  [sdiam] 158  City of Bossier City, Bossier Parish
                                                                            (Unincorporated Areas).
    Approximately 1,300 feet downstream of the   [sdiam] 157  [sdiam] 158  .....................................
     confluence of Macks Bayou Segment B.
Lake Bistineau: Entire shoreline within Bossier         None  [sdiam] 148  Bossier Parish (Unincorporated
 Parish.                                                                    Areas).City of Bossier City, Bossier
                                                                            Parish (Unincorporated Areas).
Macks Bayou Segment A:
    At the confluence with Flat River..........  [sdiam] 156  [sdiam] 157  City of Bossier City.
    Approximately 25 feet upstream of Golden     [sdiam] 156  [sdiam] 157
     Meadows Drive.
Macks Bayou Segment E:
    Approximately 1,025 feet upstream of the     [sdiam] 162  [sdiam] 163  City of Bossier City.
     confluence with Bossier Ditch.
    Approximately 2,010 feet upstream of the     [sdiam] 162  [sdiam] 163  .....................................
     confluence with Bossier Ditch.
Macks Bayou Segment G:
    Approximately 650 feet upstream of Kansas    [sdiam] 166  [sdiam] 167  City of Bossier City.
     City Southern Railway.
    At the confluence of Benoit Bayou and        [sdiam] 166  [sdiam] 168  .....................................
     junction with Macks Bayou Segment H.
Macks Bayou Segment H:
    Approximately 190 feet upstream of the       [sdiam] 165  [sdiam] 166  City of Bossier City, Bossier Parish
     confluence with Flat River.                                            (Unincorporated Areas).
    At the confluence of Benoit Bayou and        [sdiam] 166  [sdiam] 168  .....................................
     divergence of Macks Bayou Segment G.
Racetrack Bayou:
    At the confluence with Willow Chute........         None  [sdiam] 166  City of Bossier City.
    At U.S. Interstate 220 Westbound and         [sdiam] 166  [sdiam] 168  .....................................
     divergence from Macks Bayou Segment H.
Red Chute Bayou:
    Approximately 12,400 feet upstream of Smith         None  [sdiam] 154  City of Bossier City, Bossier Parish
     Road.                                                                  (Unincorporated Areas).

[[Page 72158]]

 
    Approximately 4,050 feet upstream of         [sdiam] 165  [sdiam] 169  .....................................
     Dogwood Trail.
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City of Bossier City
 
Maps are available for inspection at City Hall, 620 Benton Road, Bossier City, Louisiana.
 
Send comments to The Honorable George Dement, Mayor, City of Bossier City, City Hall, 620 Benton Road, Bossier
 City, Louisiana 71111.
 
Bossier Parish (Unincorporated Areas)
 
Maps are available for inspection at the Police Jury Office, 204 Burt Boulevard, Room 108, Benton, Louisiana.
 
Send comments to The Honorable Rick Avery, Bossier Parish President, P.O. Box 70, Benton, Louisiana 71006.
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Carter Branch:
    Approximately 275 feet above confluence      [sdiam] 943  [sdiam] 944  City of Carthage, Jasper County
     with Mill Race.                                                        (Unincorporated Areas).
    Approximately 5,030 feet upstream of East           None      [sdiam]  .....................................
     13th Street.                                                   1,020
City Branch:
    Approximately 500 feet upstream of the       [sdiam] 935  [sdiam] 936  Jasper County (Unincorporated Areas).
     confluence with Spring River.
    Approximately 330 feet upstream of Case             None      [sdiam]  City of Carthage.
     Street.                                                        1,018
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Addresses
 
Jasper County (Unincorporated Areas)
 
Maps are available for inspection at Tri-State Engineering, Inc., 1102 West 9th Street, Joplin, Missouri.
 
Send comments to The Honorable Chuck Surface, Presiding Commissioner, 302 South Main Street, Carthage, Missouri
 64836.
 
City of Carthage
 
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.
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(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. 04-27246 Filed 12-10-04; 8:45 am]
BILLING CODE 9110-12-P