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 Federal Emergency Management Agency 44 CFR Part 67
[Docket No. FEMA-B-7414]
 AGENCY: Federal Emergency Management Agency (FEMA).
 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 following table.
 FOR FURTHER INFORMATION CONTACT: Matthew B. Miller, P.E., Chief, Hazards Study Branch, Mitigation Directorate, FEMA, 500 C Street SW., Washington, DC 20472, (202) 646-3461, or (e-mail) matt.miller@fema.gov.


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 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 Acting Administrator, Federal Insurance Administration and Mitigation 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 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, § 
                            *67.4* 2. The tables published under the authority of § 67.4 are proposed to be amended as follows:
 Flooding source(s)
Location of referenced elevation
Elevation in feet *(NGVD)
Communities affectedEffective
Modified**Kansas****Johnson County and Incorporated Areas**Tomahawk Creek
Approximately 3,500 feet upstream of confluence with Indian Creek
*849
*850
City of Leawood, City of Overland Park, City of Olathe.Approximately 1,600 feet downstream of Roe Avenue
*865
*866Just downstream of Pflumm Road
*1,005
*1,007Approximately 4,800 feet upstream of Pflumm Road
None
*1,034Tributary No. 2
At confluence with Tomahawk Creek
None
*853
City of Leawood.Approximately 1,200 feet upstream of Confluence with Tomahawk Creek
None
*859Tributary No. 3
At confluence with Tomahawk Creek
None
*859
City of Leawood.Approximately 1,300 feet upstream of confluence with Tomahawk Creek
None
*860Tributary No. 4
At confluence with Tomahawk Creek
None
*864
City of Leawood.Approximately 1,500 feet upstream of confluence with Tomahawk Creek
None
*866Tributary No. 5
At confluence with Tomahawk Creek
None
*872
City of Leawood.Approximately 1,200 feet upstream of Confluence with Tomahawk Creek
None
*874Tributary No. 6
At confluence with Tomahawk Creek
None
*872
City of Overland Park.Approximately 1,850 feet upstream of Confluence with Tomahawk Creek
None
*881Tributary No. 7
At confluence with Tomahawk Creek
None
*881
City of Overland Park.Just downstream of Metcalf Avenue
None
*929Tributary No. 8
At confluence with Tomahawk Creek
None
*885
City of Overland Park.Approximately 1,000 feet upstream of Confluence with Tomahawk Creek
None
*888Tributary No. 9
At confluence with Tomahawk Creek
None
*890
City of Overland Park.Approximately 1,360 feet upstream of Tomahawk Creek
None
*900Tributary No. 10
At confluence with Tomahawk Creek
None
*900
City of Overland Park.Approximately 1,100 feet upstream of Foster Street

*935Tributary No. 11
At confluence with Tomahawk Creek
None
*906
City of Overland Park.Approximately 1,380 feet upstream of Confluence with Tomahawk Creek
None
*912Tributary No. 12
At confluence with Tomahawk Creek
None
*912
City of Overland Park.Approximately 4,700 feet upstream of Antioch Road
None
*955Tributary No. 12B1
At confluence with Tomahawk Creek Tributary No. 12
None
*920
City of Overland Park.Approximately 2,450 feet upstream of Confluence with Tomahawk Creek
None
*938Tributary No. 13
At confluence with Tomahawk Creek
None
*929
City of Overland Park.Approximately 900 feet upstream of 148th Street
None
*984Tributary No. 13B1
At confluence with Tomahawk Creek Tributary No. 13
None
*935
City of Overland Park.Just downstream of Antioch Road
None
*935Tributary No. 13E1
At confluence with Tomahawk Creek Tributary No. 13
None
*964
City of Overland Park.Approximately 500 feet upstream of Switzer Road
None
*978Tributary No. 13F1
At confluence with Tomahawk Creek Tributary No. 13
None
*979
City of Overland Park.Approximately 1,100 feet upstream of Confluence with Tomahawk Creek Tributary No. 13
None
*989Tributary No. 17
At confluence with Tomahawk Creek
None
*977
City of Overland Park.Approximately 610 feet upstream of Confluence with Tomahawk Creek
None
*981Tributary No. 18
At confluence with Tomahawk Creek
None
*989
City of Overland Park.Approximately 1,100 feet downstream of 143rd Street
None
*997Tributary No. 19
At confluence with Tomahawk Creek
None
*1,000
City of Overland Park.Approximately 630 feet upstream of Confluence with Tomahawk Creek
None
*1,003Tributary No. 20
At confluence with Tomahawk Creek
None
*1,011
City of Olathe, City of Overland Park.( print page 33935)Approximately 300 feet upstream of Confluence with Tomahawk Creek
None
*1,011At confluence with Tomahawk Creek
None
*1,012
City of Olathe.Tributary No. 21
Approximately 760 feet upstream of Confluence with Tomahawk Creek
None
*1,014**ADDRESSES****Johnson County (Unincorporated Areas)**Maps are available for inspection at the Department of Planning, Development and Codes, 111 South Cherry, Suite 3500, Olathe, Kansas.Send comments to The Honorable Annabeth Surbaugh, Chairman, Johnson County Board of Commissioners, 111 South Cherry, Suite 3300, Olathe, Kansas 66061.**City of Leawood**Maps are available for inspection at the Planning Services Department, 4800 Town Center Drive, Leawood, Kansas.Send comments to The Honorable Peggy Dunn, Mayor, City of Leawood, 4800 Town Center Drive, Leawood, Kansas 66211.**City of Olathe**Maps are available for inspection at the Planning Department, 100 West Santa Fe, Olathe, Kansas.Send comments to The Honorable Larry Campbell, Mayor, City of Olathe, P.O. Box 768, Olathe, Kansas 66051-0768.**City of Overland Park**Maps are available for inspection at City Hall, 8500 Santa Fe Drive, Overland Park, Kansas.Send comments to The Honorable Ed Eilert, Mayor, City of Overland Park, 8500 Santa Fe Drive, Overland Park, Kansas 66313.**TEXAS****Bexar County and Incorporated Areas**Culebra Creek
At confluence with Leon Creek
*772
*773
Bexar County (Uninc. Areas), City of San Antonio.At Culebra Road
*848
*849Just downstream of Galm Road
*951
*952Culebra Creek Split:No. 1
At confluence with Culebra Creek
None
*796
Bexar County (Uninc. Areas), City of San Antonio.Approximately 830 feet upstream of Tezel Road
None
*808No. 2
At confluence with Culebra Creek (Approximately 200 feet upstream of Tezel Road)
None
*810
Bexar County (Uninc. Areas).Approximately 3,620 feet upstream of Timberwilde
None
*827No. 3
At confluence with Culebra Creek (Approximately 1,530 feet downstream of Charles W. Anderson Loop)
None
*853
Bexar County (Uninc. Areas), City of San Antonio.At Charles W. Anderson Loop
None
*865French Creek
Approximately 1,500 feet upstream of Clyde Dent
None
*806
Bexar County (Uninc. Areas), City of San Antonio.Approximately 1,040 feet downstream of Mainline Drive
None
*832At Charles W. Anderson Drive
*938
*936Approximately 800 feet upstream of Circle North Trail
None
*980Helotes Creek (at San Antonio)
At confluence with Culebra Creek
*852
*853
Bexar County (Uninc. Areas). City of San Antonio.At Leslie Road
*914
*915Approximately 320 feet upstream of Bandera Road
*1,003
*997Huebner Creek
Approximately 220 feet upstream of Ingram Road
*763
*765
Bexar County (Uninc. Areas), City of San Antonio, City of Leon Valley.At Huebner Road
*843
*841Approximately 320 feet upstream of DeZavala Road
None
*966Huesta Creek
At confluence with Leon Creek
*911
*915
Bexar County (Uninc. Areas), City of San Antonio.Approximately 2,050 feet upstream of Charles W. Anderson Drive
*1,013
*1,006Leon Creek
At U.S. Highway 90
*696
*693
Bexar County (Uninc. Areas), City of San Antonio.At U.S. Route 161
*733
*736Approximately 2,450 feet downstream of Route 16
*824
*824( print page 33936)Approximately 1,100 feet upstream of Charles W. Anderson Drive
*991
*993Leon Creek Overflow
Approximately 1,125 feet downstream of West Prue Road
*888
*888
Bexar County (Uninc. Areas), City of San Antonio.At Babcock Road
*920
*918Approximately 60 feet downstream of West Hausman Road
*953
*953Maverick Creek (Babcock Tributary)
At confluence with Leon Creek
*913
*916
Bexar County (Uninc. Areas), City of San Antonio.At Seco Creek Street
*1,010
*1,014Approximately 1,750 feet upstream of Babcock Road
None
*1,137Tributary B to Culebra Creek
At confluence with Culebra Creek
None
*920
Bexar County (Uninc. Areas).Approximately 50 feet downstream of Galm Road
None
*950**ADDRESSES****Bexar County (Unincorporated Areas)**Maps are available for inspection at the Bexar County Public Works Department, 233 N. Pecos, Suite 420, San Antonio, Texas.Send comments to The Honorable Cyndi Taylor Krier, Bexar County Judge, 100 Dolorosa, Suite 101, San Antonio, Texas 78205**City of Leon Valley**Maps are available for inspection at the Leon Valley City Hall, 6400 El Verde Road, San Antonio, Texas.Send comments to The Honorable Marcy Meffert, Mayor, City of Leon Valley, 6400 El Verde Road, San Antonio, Texas 78328.**City of San Antonio**Maps are available for inspection at Municipal Plaza, 114 W. Commerce, Seventh Floor, San Antonio, Texas.Send comments to The Honorable Howard W. Peak, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, Texas 78283-3996.
 (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”) Dated: June 18, 2001. Robert F. Shea, Acting Administrator, Federal Insurance Administration and Mitigation.


BILLING CODE 6718-04-P
                    ( print page 33934) [FR Doc. 01-15926 Filed 6-25-01; 8:45 am] BILLING CODE 6718-04-M