02-2660. 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.

§ 67.4

Proposed flood elevation determination.

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. (NGDV)
				Existing	Modified
Colorado	Boulder County (Unincorporated Areas)	Bullhead Gulch	At confluence with Boulder Creek	None	*4,991
			Approximately 50 feet downstream of Burlington Northern Railroad	None	*5,360
	Boulder County (Unincorporated Areas)	Rock Creek	Approximately 3,500 feet downstream of Burlington Northern Railroad	None	*5,371
			Approximately 9,700 feet upstream of McCaslin Boulevard	None	*5,639
	Boulder County (Unincorporated Areas)	Prince Tributary East Branch	At confluence with Bullhead Gulch	None	*5,026
			At divergrence of East/West branches	None	*5,056
	Boulder County, Town of Superior and City of Louisville	Coal Creek	Approximately 1,650 feet downstream of Denver Boulder Turnpike	*5,439	*5,439
			Approximately 5,200 feet upstream of Community Ditch Diversion	None	*5,689
	Boulder County (Unincorporated Areas)	Prince Tributary West Branch	At confluence with Bullhead Gulch	None	*5,036
			Approximately 5,750 feet upstream of Isabelle Road	None	*5,178
Depth in feet above ground
Boulder County and Unincorporated Areas:
Maps are available for inspection at Department of Public Works, 1739 Broadway, Suite 300, P.O. Box 791, Boulder, Colorado.
Send comments to the Honorable Ron Stewart, Chairman, Boulder County Board, 1325 Pearl Street, Boulder, Colorado 80302.
City of Louisville, Colorado:
Maps are available for inspection at the City of Louisville, 749 Main Street, Louisville, Colorado.
Send comments to the Honorable Tom Davidson, Mayor, City of Louisville, 49 Main Street, Louisville, Colorado 80027.
Town of Superior, Colorado:
Maps are available for inspection at the Town of Superior, 124 East Coal Creek Drive, Superior, Colorado.
Send comments to the Honorable Ted Asti, Mayor, Town of Superior, 124 East Coal Creek Drive, Superior, Colorado 80027.
Hawaii	Kauai County	Hanalei River	Approximately 1,300 feet upstream of the confluence with Hanalei Bay	*13	*12
			At Kuhio Highway (state route 56)	*15	*16
			Approximately 6,000 feet upstream of the southern end of USFWSs Pond D	*35	*38
Depth in feet above ground
Maps are available for inspection at the Department of Public Works, 4444 Rice Street, Suite 175, Lihue, Hawaii.
Send comments to the Honorable Maryann Kusaka, Mayor, Kauai County, 4444 Rice Street, Suite 235, Lihue, Hawaii 96766.
Missouri	Greene County	South Creek	Approximately 0.53 miles (2,800 feet) upstream of County Road 160	*1,192	*1,193
			Approximately 1.16 miles (6,125 feet) upstream of County Road 160	*1,208	*1,205
		Wilson Creek	Approximately 740 feet downstream of its Confluence with North Branch Wilson Creek	*1,198	*1,198
			Approximately 0.69 miles (3650 feet) upstream of the U.S. Highway 160 Bypass	*1,207	*1,206
		South Branch	At its confluence with South Creek	*1,169	*1,169
			Just downstream of Farm Road 141 (Cox Avenue)	None	*1,238
		Ward Branch	Approximately 130 feet downstream of its confluence with Yarbough Creek	*1,176	*1,176
			Approximately 350 feet upstream of Holland Avenue	*1,213	*1,207
		Mount Pleasant Branch	Just downstream of U.S. Highway 160	*1,182	*1,207
			Approximately 200 feet upstream of U.S. Highway 160	*1,184	*1,182
		Farmer Branch	At its confluence with James River	*1,133	*1,1333
			Just downstream of Farm Road 194	None	*1,85
		Pea Ridge Creek	At its confluence with South Dry Sac River	None	*1,133
			Just downstream of Farm Road 151	None	*1,190
		Dickerson Branch	At its confluence with Pea Ridge Creek	None	*1,113
			Just downstream of Farm Road 151	None	*1,175
		South Dry Sac River	Approximately 300 feet upstream of its confluence with Little Sac River	None	*1,156
			Approximately 670 feet upstream of Farm Road 151	None	*1,091
		South Dry Sac River Tributary	Approximately 800 feet upstream of its confluence with South Dry Sac River	None	*1,138
			Approximately 1,620 feet upstream of Farm Road 167	None	*1,200
		Ward Branch Tributary	At its confluence with Ward Branch	None	*1,253
			Approximately 260 feet upstream of Weaver Road (Farm Road 178)	None	*1,118
		Wilson Creek Tributary	At its confluence with Wilson Creek	None	*1,194
			Appoximately 300 feet upstream of Highway M (Republic Road)	None	*1,145
		Wilson Creek Unmanned Tributary	At its confluence with Wilson Creek	None	*1,241
			Just downstream of the San Francisco Railway	None	*1,182
		Workman Branch	At its confluence with Ward Branch	None	*1,138
			Just downstream of Farm Road 145	None	*1,195
		Yarborough Creek	Approximately 1,350 feet upstream of its confluence with Ward Branch	None	*1,204
			Approximately 800 feet upstream of U.S. Highway 160	None	*1,233
Depth in feet above ground
Maps are available for inspection at the Department of Public Works, City Hall, 625 Fifth Street, Spearfish, South Dakota.
Send Comments to The Honorable Jerry Krambeck, Mayor, City of Spearfish, Cith Hall, 625 Fifth Street, South Dakota 57783-2311.
Oregon	City of Salem	Shelton Ditch	At confluence with Pringle Creek	*148	*146
			Approximately 100 feet upstream of Diversion Structure at Mill Creek	*188	*191
		Pringle Creek	At confluence with Williamette River (location shown as confluence of Shelton Ditch with Williamette River on effective Firm)	*143	*143
			At confluence of Pringle Creek and East Fork Pringle Creek	*172	*174
		Middle Fork Pringle Creek	At confluence of Pringle Creek and East Fork Pringle Creek	*172	*174
			Approximately 150 feet downstream of Interstate 5	*222	*219
		East Fork Pringle Creek	At confluence with Pringle Creek and Middle Fork Pringle Creek	*172	*174
			Approximately 150 feet downstream of Interstate 5	*219	*219
		Mill Creek B	At confluence with Williamette River	*141	*141
			Just upstream of Mission Street	*198	*199
			Approximately 3,000 feet upstream of Penitentiary Annex Road	*253	*254
Depth in feet above ground
Maps are available for inspection at the City of Salem, 555 Liberty Street SE, Salem, Oregon.
Send comments to The Honorable Michael Swain, Mayor, City of Salem, 555 Liberty Street SE, Room 230 Salem, Oregon 97301.
South Dakota	City of Spearfish, Lawrence County	West Chipmunk Gulch	At confluence with Spearfish Creek	*3,574	*3,574
			At 960 feet upstream of West Oliver Street	None	*3,663
# Depth in feet above ground
Maps are available for inspection at Department of Public Works, City Hall, 625 Fifth Street, Spearfish, South Dakota.
Send comments to The Honorable Jerry Krambeck, Major, City of Spearfish, City Hall, 625 Fifth Street, Spearfish, South Dakota 57783.
South Dakota	City of Hill City, Pennington County	Spring Creek	At approximately 50 feet upstream of Hill City power line located at approximately 2,000 feet upstream of U.S. Highway 385 and 16	None	*4,937
			At approximately 1,400 feet upstream of Poplar Street and Bishop Mountain Avenue Intersection	None	*5,013
		Newton Fork Creek	At Museum Drive	None	*4,967
			Approximately 1,900 feet upstream of Museum Drive	None	*4,981
# Depth in feet above ground
Maps are available for inspection at the City Hall, 324 Main Street, Hill City, South Dakota.
Send comments to The Honorable Peter Stach, Mayor City of Hill City, City Hall, P.O. Box 395, Hill City, South Dakota 57745.

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

Dated: January 29, 2002.

Robert F. Shea,

Acting Administrator, Federal Insurance and Mitigation Administration.