02-26217. Proposed Flood Elevation Determinations

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, Federal Insurance and Mitigation Administration, FEMA, 500 C Street SW., Washington, DC 20472, [phone], or (e-mail) [e-mail].

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 Administrator, Federal Insurance and Mitigation Administration 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:

State	City/town/county	Source of flooding	Location	#Depth in feet above ground. *Elevation in feet. (NGVD)
				Existing	Modified
California	Colusa County	Elk Creek	At confluence with Salt Creek	None	*138
			Approximately 1,250 feet downstream of Reddington Road	None	*156
		Salt Creek	Just upstream of Interstate 5 southbound	None	*125
			Approximately 1,250 feet upstream of Hillgate Road	None	*172
		Stone Corral Creek	Right overbank overflow at landing strip in NW corner of Section 34, Township 17N, Range 3W	None	*87
			Approximately 350 feet upstream of Cemetery Road	None	*102
		Stone Corral Creek, Right Overbank	Right overbank overflow at landing strip in NW corner of Section 34, Township 17N, Range 3W	None	*87
			Approximately 350 feet upstream of Cemetery Road	None	*102
		Stone Corral Creek, Left Overbank	Approximately 2,200 feet downstream of Interstate 99	None	*90
			Approximately 350 feet of Cemetery Road	None	*102
		Salt Creek, Right Overbank	Approximately 300 feet west of the intersection of Bailey Road and Southern Pacific Railroad	None	*128
			Approximately 2,500 feet southwest of intersection of Hillgate Road and Almond Avenue	None	#1
		Salt Creek, Left Overbank	Approximately 1,700 feet north of confluence of Salt Creek and Elk Creek	None	#1
			Approximately 1,700 feet west of intersection of Hillgate Road and Almond Avenue	None	#1
		Local Ponding	Approximately 1,000 feet southwest of Maxwell Sites Road and Interstate 5	None	#1
			Approximately 1,500 feet northwest of Maxwell Sites Road and Interstate 5	None	*87
			Approximately 1,700 feet west of intersection of E Street and Venice Boulevard	None	*89
			Approximately 1,100 feet east of confluence of Salt Creek and Spring Creek	None	*90
			Just upstream of intersection of Maxwell Sites Road and Southern Pacific Railroad	None	*88
			At intersection of Finks Road and Cemetery Road	None	#2
			Approximately 1,000 feet northeast of Hillgate Road and Interstate 5	None	#1
			Approximately 1,200 feet southwest of Hillgate Road and Interstate 5	None	#1
			Approximately 2,300 feet east of Hillgate Road and Southern Pacific Railroad	None	#1
			Approximately 1,200 feet east of Hillgate Road and Southern Pacific Railroad	None	#2
			Approximately 1,500 feet west of Hillgate Road and Southern Pacific Railroad	None	#1
Maps are available for inspection at the Colusa County Courthouse Office of County Clerk, 547 Market Street, or the Coulsa County Department of Public Works, 1215 Market Street, Colusa, California 95932.
Send comments to Mr. John Wrysinski, Interim Director, Colusa County, Department of Public Works, 1215 Market Street, Colusa, California 95932.
California	Tehama County	Reeds Creek	Approximately 250 feet upstream of Paskenta Road	None	*285
			Approximately 1,000 feet upstream of confluence of Pine Creek	None	*309
Maps are available for inspection at the Tehama County Building Department, 444 Oak Street, Red Bluff, California 96080.
Send comments to The Honorable Rick Robinson, Chief Administrator, Tehama County, P.O. Box 927, Red Bluff, California 96080.
North Dakota	Langdon (City), Cavalier County	Mulberry Creek	Approximately 250 feet downstream of Highway 5	None	+1,597
			Confluence of 5th Street Coulee	None	+1,600
			Just downstream of Highway 1	None	+1,608
		ND Highway 1 Ditch	Approximately 450 feet upstream of Simplot Crossing	None	+1,609
			Approximately 1,500 feet upstream of Highway 5	None	+1,612
		Diversion Channel	Approximately 300 feet downstream of 10th Street	None	+1,610
			Approximately 700 feet upstream of 10th Street	None	+1,612
		5th Street Coulee	Confluence with Mulberry Creek	None	+1,600
			Just downstream of 12th Avenue	None	+1,605
			Approximately 1,400 feet upstream of 18th Street	None	+1,609
Maps are available for inspection at City Hall, 324 Eighth Avenue, Langdon, North Dakota 58249.
Send comments to The Honorable Don Haugen, Mayor, City Hall, 324 Eighth Avenue, Langdon, North Dakota 58249.
South Dakota	Spearfish (City), Lawrence County	False Bottom Creek	Approximately 700 feet downstream of westbound lane of Interstate 90	*3,920	*3,919
			Just upstream of eastbound lane of Interstate 90	*3,936	*3,935
			Approximately 390 feet upstream of U.S. Highway 14 (Alternate Route)	*3,944	*3,945
Maps are available for inspection at City Hall, 625 Fifth Street, Spearfish, South Dakota 57783.
Send comments to The Honorable Jerry Krambeck, Mayor, City of Spearfish, City Hall, 625 Fifth Street, Spearfish, South Dakota 57783.
South Dakota	Minnehaha County	Skunk Creek	Approximately 4,400 feet downstream of U.S. Highway 16	*1,429	*1,431
			Just upstream of County Route 139	*1,442	*1,444
			Approximately 150 feet upstream of County Route 142	*1,448	*1,448
Maps are available for inspection at the County Administration Building, 415 North Dakota Avenue, Sioux Falls, South Dakota 57106.
Send comments to The Honorable Robert Kolbe, Chairperson, Minnehaha County Board of Commissioners, County Administration Building, 415 North Dakota Avenue, Sioux Falls, South Dakota 57106.
Wyoming	Lincoln County	Salt River	Approximately 2,500 feet downstream of McCox Road	None	*5,623
			Just upstream of secondary Highway 239	None	*5,775
			Approximately 9,000 feet upstream of U.S. Highway 89	None	*5,987
Maps are available for inspection at the Emergency Management Office, 520 Topaz Street, Kemmerer, Wyoming 83101.
Send comments to The Honorable Kathleen Davison, Chairperson, Lincoln County Board of Commissioners, County Courthouse, 925 Sage Avenue, Kemmerer, Wyoming 83101.

Flooding Source(s)	Location of referenced elevation	Elevation in feet *(NGVD) Elevation in feet + (NAVD)		Communities affected
		Effective	Modified
OKLAHOMA
Kingfisher County, and Incorporated Areas
Cimarron River	Approximately 9,000 feet downstream of confluence with Campbell Creek	None	*969	Kingfisher County (Uninc. Areas).
	Approximately 750 feet downstream of County Road NS282	None	*1,044
	Approximately 2,800 feet upstream of County Road EW60	None	*1,120
Kingfisher Creek	At confluence with Cimarron River	None	*1,018	Kingfisher County (Uninc. Areas) and City of Kingfisher.
	Approximately 1,000 feet downstream of 13th Street	*1,048	*1,047
Little Turkey Creek	Approximately 1,000 feet upstream of County Road EW68	None	*1,063	Kingfisher County (Uninc. Areas).
	Approximately 3,200 feet upstream of State Highway 81	None	*1,116
Turkey Creek (Main Channel)	Approximately 60 feet upstream of County Road EW715	*1,039	*1,038	Kingfisher County (Uninc. Areas).
	Approximately 4,500 feet upstream of US Highway 51	None	*1,093
Turkey Creek Split Flow	Approximately 2,400 feet downstream of US Route 81	*1,029	*1,028	Kingfisher County (Uninc. Areas) and Town of Dover.
	Approximately 1,400 feet upstream of County Road EW71	*1,038	*1,043
ADDRESSES
Kingfisher County (Unincorporated. Areas)
Maps are available for inspection at Kingfisher County Floodplain Administrator's Office, County Courthouse, 101 South Main Street, Room 5, Kingfisher, Oklahoma 73750.
Send comments to The Honorable Jim Shimanek, Chairman, Kingfisher County Board of Commissioners, County Courthouse, 101 South Main Street, Room 9, Kingfisher, Oklahoma 73750.
City of Kingfisher
Maps are available for inspection at City Hall, 301 North Main Street, Kingfisher, Oklahoma 73750.
Send comments to The Honorable Richard Reynolds, Mayor, City of Kingfisher, City Hall, 301 North Main Street, Kingfisher, Oklahoma 73750.
Town of Dover
Maps are available for inspection at Town Hall, 101 North Chisholm, Dover, Oklahoma 73734.
Send comments to The Honorable Lee McNulty, Mayor, Town of Dover, P.O. Box 195, Dover, OK 73734.
NEW MEXICO
Quay County, and Incorporated Areas
Arroyo 1	Confluence with Tucumcari Lake	None	+4,016	Quay County (Uninc. Areas).
	Just downstream Chicago Rock Island and Pacific Railroad	None	+4,040
Arroyo 1A	Confluence with Arroyo 1	None	+4,033	Quay County (Uninc. Areas).
	Approximately 245 feet upstream of Quay Road AL	None	+4,080
Arroyo 2	Confluence with Lake Tucumcari	None	+4,016	Quay County (Uninc. Areas).
	Approximately 4,100 feet upstream of confluence with Lake Tucumcari	None	+4,043
Arroyo 3	Confluence with Lake Tucumcari	None	+4,016	Quay County (Uninc. Areas), City of Tucumcari.
	Approximately 1,750 feet upstream of US Highway 54	*4,079	+4,079
Arroyo 4	Confluence with Lake Tucumcari	*4,013	+4,016	Quay County (Uninc. Areas), City of Tucumcari.
	Just downstream New Mexico Highway 18	None	+4,139
Arroyo 4D	Confluence with Arroyo 4	None	+4,036	Quay County (Uninc. Areas).
	Approximately 650 feet upstream of US Interstate 40	None	+4,063
Arroyo 4 Overflow	Confluence with Tucumcari Lake	None	+4,016	Quay County (Uninc. Areas), City of Tucumcari.
	Just downstream of Tucumcari Boulevard	None	+4,033
	Confluence with Tucumcari Lake	None	+4,016
	Approximately 420 feet downstream of Laughlin Avenue	None	+4,023
Arroyo 4F (Rankin Draw)	Just upstream of Tucumcari Boulevard	None	+4,034	Quay County (Uninc. Areas), City of Tucumcari.
	Approximately 180 feet upstream of South Monroe Street	None	+4,089
Arroyo 5	Approximately 2,300 feet downstream of Chicago Rock Island and Pacific Railroad	None	+4,057	Quay County (Uninc. Areas), City of Tucumcari.
	Approximately 2,650 feet upstream of the confluence of Arroyo 5	None	+4,159
Arroyo 5B	Confluence with Arroyo 5	None	+4,124	Quay County (Uninc. Areas).
	Approximately 1,910 feet upstream of the confluence with Arroyo 5	None	+4,150
Arroyo 6	Approximately 2,850 feet downstream of Chicago Rock Island and Pacific Railroad	None	+4,068	Quay County (Uninc. Areas), City of Tucumcari.
	Approximately 4,100 feet upstream of Eastbound Interstate 40	None	+4,185
Arroyo 6A	Confluence with Arroyo 6	*4,094	+4,096	Quay County (Uninc. Areas), City of Tucumcari.
	Approximately 2,500 feet upstream of I-40 Ramp A	None	+4,169
Arroyo 7 (Bluewater Creek)	Approximately 2,600 feet downstream of confluence of Arroyo 7A	None	+4,061	Quay County (Uninc. Areas), City of Tucumcari.
	Approximately 4,500 feet upstream of confluence with Arroyo 7B	*4,107	*4,109
Arroyo 7B	At confluence with Arroyo 7	*4,089	+4.091	Quay County (Uninc. Areas), City of Tucumcari.
	Approximately 3,500 feet upstream of confluence of Arroyo 7C	None	+4,131
Arroyo 7C	At confluence with Arroyo 7B	*4,106	+4,108	Quay County (Uninc. Areas), City of Tucumcari.
	At Chicago Rock Island and Pacific Railroad	None	+4,155
San Jon Creek	Approximately 1,000 feet upstream of sewage disposal area	None	+4,021	Village of San Jon, Quay County (Uninc. Areas).
	Approximately 450 feet downstream of Fourth Street	None	+4,034
ADDRESSES
Quay County (Unincorporated. Areas)
Maps are available for inspection at Quay County Clerks Office, 300 South 3rd Street, Tucumcari, New Mexico 88401.
Send comments to The Honorable Paula Chacon, County Manager, Quay County, P.O. Box 1246, Tucumari, New Mexico 88401.
City of Tucumcari
Maps are available for inspection at City Hall, 512 South 8th Street, Tucumcari, New Mexico 88401.
Send comments to The Honorable Calvin Litchfield, Mayor, City of Tucumcari, P.O. Box 1188, Tucumcari, New Mexico 88401.
Village of San Jon
Maps are available for inspection at City Hall, 507 Elm Avenue, San Jon, New Mexico 88434.
Send comments to The Honorable Joe Clark, Mayor, Village of San Jon, P.O. Box 37, San Jon, New Mexico 88434.
WASHINGTON
Whatcom County, and Incorporated Areas
Strait of Georgia at Point Roberts	At Point Roberts Marina	None	*8	Whatcom County (Uninc. Areas).
	South Edwards Drive along southern shore	None	*11	(Uninc. Areas).
Birch Bay Northwest Shore	At intersection of Seahome Road and Searshore Court	None	*8	Whatcom County (Uninc. Areas).
	At Cottonwood Beach	None	*9
	Along shoreline near intersection of Halda Road and Nitinat Road	None	*14
Strait of Georgia at Sandy Point	At marina	None	*8	Whatcom County (Uninc. Areas) and LummiIndian Reservation.
	Along eastern Shore Drive	None	*9
	Along western shoreline	None	*14
Strait of Georgia at Village Point	Along West Shore Drive	None	*9	Whatcom County (Uninc. Areas).
	Along southern shoreline	None	*10
Lummi Bay	Approximately 600 feet from intersection of East Turtle Lane and Shore Drive	None	*8	Whatcom County (Uninc Areas).
	Along shoreline near intersection of Lummi Park Road and Lane Split Road	None	*10
Bellingham Bay at Hermosa Beach	East of Lummi Shore Road	None	*8	Whatcom County (Uninc. Areas) and LummiIndian Reservation.
Lummi Bay at Gooseberry Point	At intersection of Lummi View Drive and Haxton Way	None	*8	Whatcom County (Uninc. Areas) and LummiIndian Reservation.
	Approximately 300 feet west of intersection of Lummi View Drive and Haxton Way	None	*9
Bellingham Bay at Eliza Island	In the south-facing valley of Eliza Island	None	*8	Whatcom County (Uninc. Areas).
	At the southern shore of Eliza Island	None	*10
	At the western shore of Eliza Island	None	*10
ADDRESSES
Whatcom County (Unincorporated. Areas)
Maps are available for inspection at the Watcom County Department of Public Works, Division of Engineering, 284 West Kellogg Street, Suite C, Bellingham, Washington 98226.
Send comments to The Honorable Pete Kremen, Whatcom County Executive, 285 West Kellogg Street, Bellingham, Washington 98226.
Lummi Indian Reservation
Maps are available for inspection at the Lummi Indian Business Council Planning Department, 2828 Kwina Road, Bellingham, Washington 98226.
Send comments to The Honorable Darrell Frye, Chairman, Lummi Indian Business Council, Tribal Office, 2616 Kwina Road, Bellingham, Washington 98226.

(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance”)

Dated: September 30, 2002.

Anthony S. Lowe,

Administrator, Federal Insurance and Mitigation Administration.