[Federal Register Volume 70, Number 171 (Tuesday, September 6, 2005)]
[Proposed Rules]
[Pages 52976-52978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17623]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-P-7699]


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.

[[Page 52977]]

    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

    2. The tables published under the authority of Sec.  67.4 are 
proposed to be amended as follows:

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                                                                                                                                                                         <greek-i>Depth in feet
                                                                                                                                                                              above ground
                                                                                                                                                                          [ssdiam]Elevation in
                State                      City/town/county                  Source of flooding                                      Location                             feet [ssdiam] (NAVD)
                                                                                                                                                                       -------------------------
                                                                                                                                                                          Existing     Modified
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NM...................................  Silver City (Town) Grant  Central Arroyo...........................  At the confluence with Maude's Creek......................         None  [ssdiam]6,0
                                        County.                                                                                                                                               13
                                                                                                            Approximately 7,770 feet upstream of the confluence with           None  [ssdiam]6,1
                                                                                                             Maude's Creek.                                                                   93
                                                                 Cottonwood Creek.........................  Approximately 800 feet upstream of the confluence with             None  [ssdiam]5,9
                                                                                                             Silva Creek.                                                                     53
                                                                                                            Approximately 190 feet upstream of Cain Drive.............         None  [ssdiam]6,0
                                                                                                                                                                                              67
                                                                 Maude's Creek............................  Approximately 210 feet downstream of U.S. Route 180.......  [ssdiam]5,9  [ssdiam]6,0
                                                                                                                                                                                 97           00
                                                                                                            Approximately 6,100 feet upstream of U.S. Route 180.......         None  [ssdiam]6,1
                                                                                                                                                                                              25
                                                                 Pinos Altos Creek........................  Approximately 1,200 feet upstream of 32nd Street..........  [ssdiam]6,0  [ssdiam]6,0
                                                                                                                                                                                 40           42
                                                                                                            Approximately 3,770 feet upstream of confluence of                 None  [ssdiam]6,1
                                                                                                             Tributary 8 to Pinos Altos Creek.                                                41
                                                                 Tributary 2 to Maude's Creek (Lower to     Approximately 16,260 feet upstream of the confluence with          None  [ssdiam]5,8
                                                                  Reach).                                    Maude's Creek.                                                                   53
                                                                                                            Approximately 17,340 feet upstream of the confluence with          None  [ssdiam]5,8
                                                                                                             Maude's Creek.                                                                   68
                                                                 Tributary 2 to Maude's Creek (Upper        Approximately 590 feet upstream of U.S. Route 180.........         None  [ssdiam]6,0
                                                                  Reach).                                                                                                                     47
                                                                                                            Approximately 5,020 feet upstream of 32nd Street Bypass...         None  [ssdiam]6,2
                                                                                                                                                                                              27
                                                                 Tributary 8 to Pinos Altos Creek.........  At the confluence with Pinos Altos Creek..................         None  [ssdiam]6,0
                                                                                                                                                                                              53
                                                                                                            Approximately 1,310 feet upstream of 40th Street..........         None  [ssdiam]6,1
                                                                                                                                                                                              45
 
   Maps are available for inspection at the City Annex Building, 1211 North Hudson Street, Silver City, New Mexico.
 
  Send comments to The Honorable Terry Fortenberry, Mayor, Town of Silver City, 101 West Broadway, Silver City, New Mexico 88062-1188.
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OH...................................  Findlay (City) Hancock    Blanchard River..........................  Approximately 70 feet upstream of Central Parkway.........  [ssdiam]779  [ssdiam]778
                                        County.
                                                                                                            Approximately 1,120 feet upstream of the confluence of      [ssdiam]783  [ssdiam]781
                                                                                                             Rush Creek.
                                                                 Eage Creek...............................  At the confluence with Blanchard River....................  [ssdiam]779  [ssdiam]778
                                                                                                            Approximately 110 feet upstream of Highway 68.............  [ssdiam]794  [ssdiam]792
                                                                 Eagle Creek Overflow.....................  At the confluence Lye Creek...............................          N/A  [ssdiam]779
                                                                                                            Approximately 1,250 feet upstream of Blanchard Avenue.....          N/A  [ssdiam]780
                                                                 Rush Creek...............................  At the confluence with Blanchard River....................  [ssdiam]782  [ssdiam]781
                                                                                                            Approximately 3,570 feet upstream of the confluence with    [ssdiam]782  [ssdiam]781
                                                                                                             Blanchard River.
 
 
[[Page 52978]]

 
  Maps are available for inspection at the Community Map Repository, City of Findlay, Municipal Building, Room 306, 318 Dorney Plaza, Findlay, Ohio.
 
  Send comments to The Honorable Anthony P. Iriti, Mayor, City of Findlay, Municipal Building, Room 310, 318 Dorney Plaza, Findlay, Ohio 45840.
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TX...................................  Lufkin (City) Angelina    Biloxi Creek North Tributary.............  Approximately 2,860 feet downstream of State Highway 287..         None  [ssdiam]306
                                        County.
                                                                                                            Approximately 210 feet upstream of State Highway 287......         None  [ssdiam]329
                                                                 Biloxi Creek South Tributary.............  Approximately 640 feet downstream of Lemans Drive.........         None  [ssdiam]303
                                                                                                            Approximately 1,660 feet upstream of Lemans Drive.........         None  [ssdiam]319
                                                                 Cedar Creek..............................  At Gobblers Knob Road.....................................  [ssdiam]237  [ssdiam]238
                                                                                                            Approximately 100 upstream of Union Pacific Railroad......         None  [ssdiam]299
                                                                 Cedar Creek North Tributary..............  At confluence with Cedar Creek............................  [ssdiam]277  [ssdiam]276
                                                                                                            Approximately 50 feet upstream of Lotus Lane..............         None  [ssdiam]286
                                                                 Cedar Creek South Tributary..............  At confluence with Cedar Creek............................  [ssdiam]254  [ssdiam]253
                                                                                                            Approximately 1,350 feet upstream of Berry Road...........         None  [ssdiam]287
                                                                 Cedar Creek Tributary 3..................  At confluence with Cedar Creek............................  [ssdiam]237  [ssdiam]240
                                                                                                            Approximately 80 feet upstream of Live Oak Lane...........         None  [ssdiam]266
                                                                 One Eye Creek............................  Approximately 2,120 feet downstream of Bartmess Drive.....         None  [ssdiam]289
                                                                                                            Approximately 3,900 feet upstream of Bartmess Drive.......         None  [ssdiam]309
                                                                 Shirley Creek............................  Approximately 7,350 feet upstream of the confluence with           None  [ssdiam]232
                                                                                                             Paper Mill Creek.
                                                                                                            Approximately 50 feet upstream of Trenton Street..........         None  [ssdiam]297
                                                                 Shirley Creek Tributary 2................  At the confluence with Shirley Creek......................  [ssdiam]259  [ssdiam]260
                                                                                                            Approximately 1,600 feet upstream of State Highway 237....         None  [ssdiam]310
                                                                 Shriely Creek Tributary 2 East Branch....  At confluence with Shirely Creek Tributary 2..............         None  [ssdiam]277
                                                                                                            Approximately 970 feet upstream of Freeman Street.........         None  [ssdiam]297
 
   Maps are available for inspection at City Hall, 300 Shepherd Street, Lufkin, Texas.
 
  Send comments to The Honorable Louis A. Bronaugh, Mayor, City of Lufkin, 300 Shepherd Street, Lufkin, Texas 75902.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance.'')

    Dated: August 30, 2005.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and 
Response Directorate.
[FR Doc. 05-17623 Filed 9-2-05; 8:45 am]
BILLING CODE 9110-12-P