02-6573. 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)
				Existing	Modified
Washington	City of Anacortes, Skagit County	Burrows Bay	Along shoreline to Fidalgo Head including Burrows Pass	None	*7
		Guemes Channel	Along shoreline from Shannon Point to Fidalgo Bay	None	*9
		Fidalgo Bay	Along shoreline to Guemes Channel	None	*7
		Rosario Strait	Along shoreline from Fidalgo Head to Shannon Point	None	*9
Depth in feet above ground
Maps are available for inspection at City Hall, 904 6th Street, Anacortes, Washington.
Send comments to The Honorable Dean Maxwell, Mayor, City of Anacortes, P.O. Box 547, Anacortes, Washington 98221.
Wyoming	Town of Dubois, Freemont	Wind River	Approximately 3,380 feet upstream of State Highway 26	None	+6,882
			Approximately 450 feet upstream of Soda Springs Drive	None	+6,983
		Horse Creek	At confluence with Wind River	None	+6,912
			Approximately 1,950 feet upstream of Clendenning Street	None	+6,953
Depth in feet above ground
Maps are available for inspection at Town Hall, 712 Meckem Street, Dubois, Wyoming.
Send comments to The Honorable Bob Baker, Mayor, Town of Dubois, Town Hall, P.O. Box 555, Dubois, Wyoming 82513
	Freemont County	Wind River	Approximately 2,400 feet upstream of State Highway 26	None	+6,878
			Approximately 2,200 feet upstream of Soda Springs Drive	None	+6,993
		Horse Creek	Approximately 2,000 feet upstream of Clendenning Street	None	+6,954
			Approximately 1,950 feet upstream of Clendenning Street	None	+6,955
Depth in feet above ground
Maps are available for inspection at the Planning Department, 450 North 2nd Street, Room 360, Lander, Wyoming.
Send comments to The Honorable Scott Lander, Chairman, Freemont County Commissioners, 450 North 2nd Street, Lander, Wyoming 82520.

Flooding source(s)	Location of referenced elevation	Elevation in feet (*NGVD)		Communities affected
		Effective	Modified
KANSAS
Sedgwick County, Kansas and Incoporated Areas
Middle Fork Chisholm Creek	Approximately 100 feet downstream of Oliver Street	None	*1,363	City of Kechi.
	Just upstream of Kechi Road	None	*1,372
# Depth in feet above ground
ADDRESSES
City of Kechi:
Maps are available for inspection at 200 West Kechi Road, Kechi, Kansas.
Send comments to The Honorable Ed Parker, Mayor, City of Kechi, 200 West Kechi Road, Kechi, Kansas.
Arkansas River	Approximately 4,400 feet upstream of Washington Street	None	*1,252	City of Derby.
Cowskin Creek	Approximately 3,500 feet downstream of State Highway 42	None	*1,297	City of Wichita.
	Approximately 800 feet downstream of State Highway 42	None	*1,300
	Approximately 3,400 feet downstream Kansas Southwest Railroad	None	*1,279	Sedgewick County.
	Just downstream of 21st Street	None	*1,345
	Approximately 1,550 feet downstream of 53rd Street	*1,370	*1,370
	Approximately 1,500 feet downstream of 53rd Street	*1,370	*1,370	City of Colwich.
Dry Creek North (of Cowskin Creek)	Approximately 300 feet upstream of 21st Street	None	*1,346	Sedgewick County.
	Just downstream of 167th Street	None	*1,386
Dry Creek South (of Cowskin Creek)	Approximately 3,500 downstream of Ridge Road	None	*1,292	Sedgewick County.
	Just downstream of 103rd Street	None	*1,316
Little Arkansas River	Just downstream of 5th Street	None	*1,339	Sedgewick County.
	Just downstream of 125th Street	*1,374	*1,372
Middle Fork Chisholm Creek	Approximately 450 feet downstream of State Highway 254	None	*1,360	Sedgewick County.
	Approximately 100 feet upstream of Oliver Street	None	*1,367
Spring Creek	Approximately 2,850 feet downstream of Atchinson, Topeka, and Santa Fe Railroad	*1,242	*1,241	Sedgewick County.
	Approximately 350 feet upstream of Woodlawn Boulevard	*1,258	*1,258
Spring Creek	Approximately 1,550 feet upstream of Rock Road	None	*1,270	Sedgewick County.
	Just downstream of 63rd Street	None	*1,304
# Depth in feet above ground
ADDRESSES:
Sedgwick County and Unincorporated Areas:
Maps are available for inspection at 1250 South Seneca, Wichita, Kansas.
Send comments to The Honorable Ben Sciortino, Chairman, Board of Commissioners, 525 North Main, Suite 320, Wichita, Kansas 67203.
City of Derby:
Maps are available for inspection at 611 Mulberry Road, Derby, Kansas.
Send comments to The Honorable Richard Standrich, Mayor, City of Derby, 611 North Mulberry Road, Derby, Kansas 67037.
City of Colwich:
Maps are available for inspection at P.O. Box 158, Colwich, Kansas.
Send comments to The Honorable Lavina Keiter, Mayor, City of Colwich, 310 South Second Street, Colwich, Kansas 67030.
City of Wichita:
Maps are available for inspection 455 North Main Street, 8th Floor, Wichita, Kansas.
Send comments to The Honorable Bob Knight, Mayor, City of Wichita, 455 North Main Street, 13th Floor, Wichita, Kansas 67202.
MISSOURI
Gasconade County, Missouri and Incorporated Areas
Frene Creek	At the confluence with the Missouri River	None	*518	City of Hermann.
	Approximately 3,400 feet upstream of High School Driveway	None	*530
	Approximately 2,100 feet upstream of High School Driveway	None	*527	Gasconade County.
	Approximately 3,500 feet upstream of High School Driveway	None	*531
# Depth in feet above ground
ADDRESSES:
Gasconade County and Unincorporated Areas:
Maps are available for inspection at City Hall, 207 Schiller Street, Hermann, Missouri.
Send comments to The Honorable Doris Binkholder, Mayor, City of Hermann, 207 Schiller Street, Hermann, Missouri 65041.
City of Hermann:
Maps are available for inspection at 119 East First Street, Hermann, Missouri.
Send comments to The Honorable Charles Schlottach, Presiding Commissioner, 119 East First Street, Room 2, Hermann, Missouri 65041.
OREGON
Clatsop County, Oregon and Incorporated Areas
Beerman Creek	Confluence with Necanicum River	None	*17	Clatsop County
	Approximately 5,000 feet upstream of Beerman Creek Road	None	*115
Neawanna Creek	Just downstream of 12th Avenue	*12	*12	Clatsop County.
	Approximately 1,400 feet downstream of Broadway Drive	*13	*13
	Approximately 1,200 feet South of intersection with U.S. 101 and Old Railroad Grade	*16	*17
Necanicum River	Approximately 1,100 feet downstream of Avenue U	*13	*14	Clatsop County.
	Just upstream of Howard Johnson Road	*34	*35
	Approximately 1,600 feet downstream of Big Driveway Road	*44	*44
	Approximately 4,000 feet upstream of Big Driveway Road	*58	*61
Necanicum River Overflow	Just upstream of Rippett Road	None	*31	Clatsop County.
	Approximately 1,000 feet North of the intersection of Oregon Coast Highway and U.S. 26	None	*41
Upper Neawanna Creek	Confluence with Neawanna Creek	None	*15	Clatsop County.
	Approximately 860 feet upstream of Wahanna Road	None	*26
Neawanna Creek	Just upstream of 12th Avenue	*12	*12	City of Seaside.
	Just upstream of Brodway Drive	*12	*14
	Approximately 1,500 feet upstream of Avenue S	None	*16
Necanicum River	Just downstream of 12th Avenue	*11	*11	City of Seaside.
	Just downstream of Avenue G	*12	*13
	Approximately 450 feet downstream U.S. Route 101	*28	*28
Necanicum River Overflow	Just downstream of Rippett Road	None	*31	City of Seaside.
# Depth in feet above ground
ADDRESSES:
Clatsop County and Unincorporated Areas:
Maps are available for inspection at City Hall, 749 Commercial Street, Astoria, Oregon.
Send comments to The Honorable George Kiepke, Chairman, Clatsop County, Board of Commissioners, City Hall, 749 Commercial Street, Astoria, Oregon 97103.
City of Seaside:
Maps are available for inspection at the Public Works Building, 1387 Avenue U, Seaside, Oregon.
Send comments to The Honorable Rosemary Baker-Monaghan, Mayor, City of Seaside, City Hall, 989 Broadway, Seaside, Oregon 97138.

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

Dated: March 13, 2002.

Robert F. Shea,

Acting Administrator, Federal Insurance and Mitigation Administration.