01-28392. 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 Acting 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) # Elevation in feet. (MSL 1972)
				Existing	Modified
Alaska	Anchorage (Municipality) Anchorage Division	Alyeska Creek	At Mount Hood Drive, Approximately 70 feet Upstream of Olympic Circle Entrance	None	*121
				None	*335
#Depth in feet above ground.
Maps are available for inspection at 4700 South Bragg Street, Anchorage, Alaska.
Send comments to The Honorable George Wuerch, Mayor, Municipality of Alaska, P.O. Box 196650, Anchorage, Alaska 99519-6650.
Hawaii	Maui County	Unnamed Stream at Kuau Point	Approximately 720 feet downstream of Hana Highway	None	*14
			Approximately 750 feet upstream of Hana Highway	None	*29
#Depth in feet above ground.
Maps are available for inspection at the Department of Planning, 250 South High Street, Wailuku, Hawaii.
Send comments to The Honorable James “Kimo” Apana, Mayor, Maui County, 200 South High Street, Wailuku, Hawaii 96793.
Missouri	City of De Soto	Joachim Creek	Approximately 3,500 feet downstream of the New State Highway 110 Bridge	*472	*474
			Approximately 550 upstream of the Highway E	*525	*525
#Depth in feet above ground.
Maps are available for inspection at City of De Soto, City Hall, 17 Boyd Street, De Soto, Missouri.
Send comments to The Honorable Werner Stichling, Mayor, City of De Soto, City Hall, 17 Boyd Street, De Soto, Missouri 63020.
Missouri	Jefferson County	Joachim Creek	Approximately 3,500 feet downstream of the New State Highway 110 Bridge	None	*474
			Approximately 1,700 feet upstream of the County Highway E	*527	*528
#Depth in feet above ground.
Maps are available for inspection at Jefferson County, Building and Zoning Commission, 300 Second Street, Hillsboro, Missouri.
Send comments to The Honorable Samuel J. Rauls, Presiding Commissioner, P.O. Box 100, Hillsboro, Missouri 63050.
New Mexico	City of Farmington, San Juan County	Animas River	Approximately 1,300 feet downstream of Miller Avenue	None	+5,276
			Just upstream of Broadway Street	None	+5,304
			Approximately 4,300 feet upstream of Browning Parkway	None	+5,361
		San Juan River	Approximately 8,000 feet downstream of Route 371	None	+5,223
			Approximately 2,200 feet downstream of Route 371	None	+5,242
		Wyper Arroyo	Approximately 100 feet upstream of U.S. Highway 550	None	+5,499
			Just upstream of confluence of Wyper Arroyo Tributary	None	+5,599
			Approximately 3,800 feet upstream of confluence of Wyper Arroyo of Tributary	None	+5,668
		Wyper Arroyo Tributary	Just upstream of confluence with Wiper Arroyo	None	+5,559
			Approximately 3,450 feet upstream of the confluence with Wiper Arroyo	None	+5,662
		Carl Arroyo	Approximately 1,700 feet downstream of U.S. Route 550	None	+5,451
			Just upstream of Winnifred Drive	None	+5,535
			Approximately 3,900 feet Upstream of Winnifred Drive	None	+5,635
		Hood Arroyo	Approximately 1,800 feet downstream of Hubbard Street	None	+5,403
			Just upstream of Pinon Hills Boulevard	None	+5,530
			Approximately 850 feet Upstream of Hogan Avenue	None	+5,714
		Hood Arroyo Tributary	Just upstream of Hogan Avenue	None	+5,640
			Approximately 4,200 feet upstream of Hogan Avenue	None	+5,820
		Porter Arroyo	Approximately 1,300 feet downstream of Windsor Drive	None	+5,509
			Just upstream of confluence of Porter Arroyo Tributary C	None	+5,622
			Approximately 4,200 feet upstream of North College Road	None	+5,796
		Porter Arroyo Tributary C	At confluence with Porter Arroyo	None	+5,620
			Approximately 1,300 feet upstream of confluence with Porter Arroyo	None	+5,654
		Porter Arroyo Tributary B	At confluence with Porter Arroyo	None	+5,645
			Approximately 1,100 feet upstream of confluence with Porter Arroyo	None	+5,682
		Porter Arroyo Tributary A	At confluence with Porter Arroyo near North College Road	None	+5,670
			Approximately 2,100 feet upstream of confluence with Porter Arroyo	None	+5,752
		Butler Arroyo	Just upstream of 30th Street	None	+5,508
			Approximately 4,000 feet upstream of 30th Street	None	+5,606
		Dustin Arroyo	Approximately 400 feet downstream of 30th Street	None	+5,489
			Approximately 700 feet upstream of Cerrillos Drive	None	+5,667
		Farmers Mutual Ditch	Approximately 300 feet downstream of Westland Park Drive	None	+5,227
			Approximately 1,500 feet Westland Park Drive, near its divergence from San Juan River	None	+5,236
		Westland Park Drive Runoff	Approximately 800 feet downstream of Westland Park Drive	None	+5,225
			Approximately 150 feet upstream of Westland Park Drive	None	+5,235
#Depth in feet above ground.
Maps are available for inspection at City Hall, 800 Municipal Drive, Farmington, New Mexico.
Maps are available for inspection at the Office of the Building Inspector, 100 South Oliver, Aztec, New Mexico.
Send Comments to The Honorable William E. Stanley, Mayor, City of Farmington, 800 Municipal Drive, Farmington, New Mexico 87401.
Send comments to The Honorable Steve Neville, Chairman, San Juan County, Board of Commissioners, 100 South Oliver, Aztec, New Mexico 87410.
New Mexico	Chaves County (Unincorporated)	Rio Hondo River Areas	At confluence with South Berrendo Creek	*3,510	*3,507
			Approximately 9,500 feet upstream of Roswell Relief Route	None	*3,704
#Depth in feet above ground.
Maps are available for inspection at Chaves County Courthouse, Planning Department, 401 North Main Street, Roswell, New Mexico.
Send comments to The Honorable Herbert Quintata, Chaves County Manager, P.O. Box 1817, Roswell, New Mexico 88201.
New Mexico	City of Roswell	Rio Hondo River	Approximately 1,550 feet downstream of Atkinson Avenue	None	+3,544
			Approximately 3,000 feet upstream of Sunset Avenue	#2	+3,620
#Depth in feet above ground.
Maps are available for inspection at City Hall, Engineering Department, 401 North Main Street, Roswell, New Mexico.
Send comments to Mayor Bill Owen, 425 North Richardson Avenue, Roswell, New Mexico 88201.
Oklahoma	City of Yukon	North Canadian River Tributary A	Approximately 3,000 feet below Von Elm Place	None	*1,260
			Approximately 500 feet downstream of U.S. Highway 66	*1,284	*1,285
		Main Stem Turtle Creek	Approximately 3,500 feet downstream of U.S. Highway 66	*1,271	*1,271
			Just upstream of U.S. Highway 66	*1,286	*1,286
			At confluence of West Branch Turtle Creek and Middle Branch Turtle Creek	*1,293	*1,293
		Middle Branch of Turtle Creek	At confluence with Main Stem Turtle Creek	*1293	*1293
			Just downstream upstream of Vandament Avenue	*1,310	*1,310
			Approximately 1,500 feet upstream of Vandament Avenue	*1,316	*1,318
			Approximately 3,800 feet upstream of Vandament Avenue	None	*1,332
		East Branch of Turtle Creek	At confluence with Main Stem Turtle Creek	*1,277	*1,277
			At confluence of Cornwell Branch	*1,287	*1,288
			Just downstream of Chicago Rock Island and Pacific Railroad	*1,296	*1,297
			Approximately 300 feet upstream of Vandament Avenue	None	*1,322
		West Branch of Turtle Creek	At confluence with Main Stem Turtle Creek	*1,293	*1,293
			Just upstream of Yukon Avenue	*1,311	*1,311
			Approximately 1,500 feet upstream of Yukon Avenue	None	*1,321
		Cornwell Branch of East Branch Turtle Creek	At confluence with East Branch Turtle Creek	None	*1,288
			At intersection of Yukon Avenue and Czech Hall Road	None	*1,298
			Approximately 270 feet upstream of the intersection of Bass Avenue and Czech Hall Road	None	*1,319
		Holly Branch of Middle Branch Turtle Creek	At confluence with Middle Branch Turtle Creek	None	*1,314
			Approximately 1,400 feet upstream of Holly Avenue	None	*1,338
		North Canadian River Tributary B	Approximately 900 feet downstream of Main Street (U.S. Highway 66)	None	*1,286
			Approximately 1,350 feet upstream of Main Street (U.S. Highway 66)	None	*1,297
		North Canadian River Tributary B, West Branch	At confluence with North Canadian River Tributary B	None	*1,291
			Approximately 1,150 feet upstream of confluence with North Canadian River Tributary B	None	*1,302
		North Canadian River Tributary C	Approximately 1,100 feet downstream of Main Street (U.S. Highway 66)	None	*1,286
			Approximately 3,200 feet upstream of Main Street (U.S. Highway 66)	None	*1,309
		North Canadian River Tributary C, West Branch 1	At confluence with North Canadian River Tributary C	None	*1,289
		Just downstream of Oil Field Road	None	*1,322
		North Canadian River Tributary C, West Branch 2	At confluence with North Canadian River Tributary C	None	*1,306
			Just downstream of Church Hill Road	None	*1,332
#Depth in feet above ground.
Maps are available for inspection at 528 West Main Street, Yukon, Oklahoma.
Send comments to The Honorable Steve Friesen, Mayor, City of Yukon, P.O. Box 850500, Yukon, Oklahoma 73085.
Oregon	Talent (City) Jackson County	Wagner Creek	At confluence with Bear Creek	*1,562	*1,562
			Just upstream of Rouge Valley Highway 99	*1,590	*1,593
			Just downstream of Rapp Road	None	*1,652
#Depth in feet above ground.
Maps are available for inspection City Hall, P.O. Box 445, Talent Oregon.
Send comments to The Honorable Marian Telerski, Mayor, City of Talent, P.O. Box 445, Talent Oregon 97450.
Utah	Unincorporated Areas of Utah County	Jordan River	Approximately 3,100 feet downstream of the Golf Cart Bridge at Camp Williams Military Reservation	*4,490	*4,491
			At Cedar Fort Road	*4,494	*4,493
			Approximately 1,400 feet upstream of Saratoga Road	*4,495	*4,494
#Depth in feet above ground.
Maps are available for inspection at the County Public Works Building, 2855 South State Street, Provo, Utah.
Send comments to The Honorable Gary Herbert, Chairman, Utah County Board of Commissioners, County Administration Building, 100 East Center Street, Room 2300, Provo, Utah 84606.
Utah	City of Saratoga Springs	Jordan River	Approximately 3,100 feet downstream of Saratoga Road	*4,495	*4,493
			Approximately 1,400 feet upstream of Saratoga Road	*4,495	*4,494
#Depth in feet above ground.
Maps are available for inspection at City Hall, City Manager's office, 2015 South Redwood, Lehi, Utah.
Send comments to The Honorable Tim Parker, Mayor, City of Saratoga Springs, 2015 South Redwood Road, Saratoga Springs, Utah 84043.
Utah	City of Lehi	Jordan River	Approximately 1,500 feet downstream of the Golf Cart Bridge at Camp Williams Military Reservation	*4,490	*4,491
			Approximately 1,500 feet downstream of Saratoga Road	*4,494	*4,493
#Depth in feet above ground.
Maps are available for inspection at the Building and Planning Department, 99 West Main Street, Lehi, Utah.
Send comments to The Honorable Kenneth Greenwood, Mayor, City of Lehi, City Hall, 153 North 100 East, Lehi, Utah 84043.
Washington	Chelan County (Unincorporated Areas)	Wenatchee River	At confluence with Chumstick Creek	*1,078	*1,079
#Depth in feet above ground.
Maps are available for inspection at County Planning Department, 411 Washington Street, Wenatchee, Washington.
Send comments to The Honorable John Hunter, Chairman, Chelan County Board of Commissioners, County Courthouse, 350 Orondo Street, Wenatchee, Washington 98801.
Washington	City of Leavenworth	Wenatchee River	At confluence with Icicle Creek	*1,111	*1,111
#Depth in feet above ground.
Maps are available for inspection at City Hall, Department of Community Development, 70 Highway 2, Leavenworth, Washington.
Send comments to The Honorable William Bauer, Mayor, City of Leavenworth, City Hall, P.O. Box 287, Leavenworth, Washington 98826.
Washington	Skokomish Indian Tribe	Skokomish River	Just downstream of State Route 106	None	*16
			Approximately 3,000 feet upstream of U.S. Route 101	None	*31
#Depth in feet above ground.
Maps are available for inspection at Natural Resources Office, North 541 Tribal Center Road, Shelton, Washington.
Send comments to The Honorable Denny Hurtado, Chairman, Skokomish Tribal Council, North 80 Tribal Center Road, Shelton, Washington 98584.

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

Dated: November 5, 2001.

Robert F. Shea,

Acting Administrator, Federal Insurance and Mitigation Administration.