02-10219. 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
California	Yolo, Uninc, Areas Overflow	North Davis Overflow	At Union Pacific Railroad Bridge (confluence with Union Pacific Railroad Drain)	None	*42
			At Highway 101 A and Union Pacific Railroad Bridge Over North Davis Drain	None	*46
		Union Pacific Railroad Drain	At Union Pacific Railroad Bridge (confluence with North Davis Overflow)	None	*42
Maps are available for inspection at City Hall, 292 West Beamer Street, Woodland, California.
Send comments to The Honorable Dave Rosenberg, Chairman, Yolo County Board of Supervisors, 625 Court Street, Room 204, Woodland, California 95695.
California	Davis, (City) Yolo County	North Davis Overflow	At Union Pacific Railroad Bridge (confluence with Union Pacific Railroad Drain)	None	*42
			Approximately 950 feet upstream of confluence with Union Pacific Railroad Drain	None	*43
		Union Pacific Railroad Drain	At Union Pacific Railroad Bridge (confluence with North Davis Overflow)	None	*42
			Approximately 340 feet downstream of Covell Boulevard	None	*43
Maps are available for inspection at City Hall, 23 Russell Boulevard, Davis, California.
Send comments to The Honorable Ken Wagstaff, Mayor, City of Davis, 23 Russell Boulevard, Davis, California 95616.
California	Lafayette, (City), Contra Costa County	Reliez Creek	Approximately 60 feet upstream of Old Tunnel Road	250	*252
			Approximately 110 feet downstream of Quandt Road	354	*352
			Approximately 160 feet upstream of Pleasant Hill Road	362	*368
		Reliez Creek Overflow	Along Circle Road from its confluence with Reliez Creek to approximately 300 feet southeast of Ortega Avenue	None	*279
Maps are available for inspection at Lafayette Planning Office, 3675 Mt. Diablo Street, Lafayette, California.
Send comments to The Honorable Don Tatzin, Mayor, City of Lafayette, P.O. Box 1968, Lafayette, California 94549.

Flooding source(s)	Location of referenced elevation	Elevation in feet *(NGVD)		Communities affected
		Effective	Modified
Jefferson County, Colorado and Incorporated Areas
North Branch Airport Creek	Approximately 1,800 feet downstream of Wadsworth Avenue	None	*5,440	Jefferson County (Uninc. Areas)
	Approximately 700 feet upstream of Wadsworth Avenue	None	*5,534
Bear Creek	Approximately 4,000 feet downstream of South Wadsworth Boulevard	None	*5,357	City of Lakewood
	Approximately 1,200 feet downstream of South Wadsworth Boulevard	None	*5,373
Bear Creek Tributary No. 3	Approximately 400 feet downstream of Dedisse Park Road	*7,174	*7,174	Jefferson County (Uninc. Areas)
	Approximately 1,300 feet upstream of Dedisse Park Road	*7,260	*7,260
Lena Gulch	Approximately 600 feet upstream of Orion Street	None	*5,828	City of Golden
	Approximately 1,500 feet downstream of U.S. Highway 6	None	*5,885
	Approximately 300 feet downstream of U.S. Highway 6	None	*5,913
Little Dry Creek	Just downstream of Lowell Boulevard	None	*5,267	City of Westminister
Sanderson Gulch	Approximately 50 feet upstream of Sheridan Boulevard	*5,416	*5,415	City of Lakewood
Ralston Creek	Approximately 1,050 feet upstream of Ward Street	None	*5,458	Jefferson County (Uninc. Areas)
	Approximately 700 feet downstream of Beech Street	None	*5,472
	Approximately 3,050 feet downstream of Indian Street	None	*5,514
	Approximately 100 feet downstream of Indian Street	None	*5,534
Van Bibber Creek	Just downstream of the Miller Street	*5,365	*5,374	Jefferson County (Uninc. Areas)
	Just upstream of Ward Road Bridge	*5,437	*5,438
Walnut Creek	Approximately 1,800 feet upstream of the confluence with Countryside Creek	None	*5,360	Jefferson County (Uninc. Areas)
Weir Gluch	Apprximately 1,700 feet downstream of Ohio Avenue	None	*5,374	City of Lakewood
	Just upstream of Sheridan Boulevard	*5,364	*5,365
ADDRESSES
Jefferson County (Unincorporated Areas):
Maps are available for inspection at City Hall, 100 Jefferson County Parkway, Suite 3, Golden, Colorado.
Send comments to The Honorable Michelle Lawrence, Chairperson, Jefferson County, Board of Commissioners, 100 Jefferson County Parkway, Suite 5550, Golden, Colorado 80419.
City of Golden:
Maps are available for inspection at the Planning Department, 1445 10th Street, Golden, Colorado.
Send comments to The Honorable Jan C. Scheneck, Mayor, City of Golden, 911 10th Street, Golden, Colorado 80401.
City of Lakewood:
Maps are available for inspection at the Engineering Division, 445 South Allison Parkway, Lakewood, Colorado.
Send comments to The Honorable Steve Burkholder, Mayor, City of Lakewood, 4800 South Allison Parkway, Lakewood, Colorado 80226.
City of Westminster:
Maps are available for inspection at City Hall, 4800 West 92nd Avenue, Westminster, Colorado.
Send comments to The Honorable Nancy M. Heil, Mayor, City of Westminster, 4800 West 92nd Avenue, Westminster, Colorado 80031.
Hamilton County, Kansas and Incorporated Areas
Arkansas River	Approximately 11,000 feet downstream of State Highway 27	None	*3,211	Hamilton County (Uninc. Areas)
	Approximately 2.6 miles upstream of State Highway 27	None	*3,240
Syracuse Creek	Just upstream of the Atchinson, Topeka, Santa Fe Railroad and U.S. Highway 50	None	*3,243	Hamilton County (Uninc. Areas)
	Approximately 2,100 feet upstream of State Highway 27 (US Highway 207)	None	*3,262
Syracuse Creek Overflow	Approximately 500 feet southeast of the Interstate of State Highway 27 and G Avenue	*3,249	*3,244	City of Syracuse
ADDRESSES
Hamilton County (Unincorporated Areas):
Maps are available for inspection at Hamilton County Superintendents Office, 219 North Main Street, Syracuse, Kansas.
Send comments to The Honorable Dave Schwieterman, Chairperson, Hamilton County Board of Commissioners, P.O. Box 1167, Syracuse, Kansas 67878.
City of Syracuse:
Maps are available for inspection at City Hall, 109 North Main Street, Syracuse, Kansas.
Send comments to The Honorable Garett Shamburg, Mayor, City of Syracuse, P.O. Box 148, Syracuse, Kansas 67878.
Clay County, Missouri and Incorporated Areas
Fishing River	Approximately 5,000 feet downstream of Highway 3	None	*780	City of Kearney
	Just downstream of Burlington North Railroad bridge	None	*786
	Approximately 1,600 feet downstream of Mosby Road	*762	*763	City of Mosby
	Approximately 400 feet upstream of U.S. Highway 69	*772	*777
	Approximately 6,600 feet downstream of Highway H	*752	*752	Village of Prathers
	Just downstream of Highway H	*755	*757
	Approximately 1,600 feet downstream of Mosby Road	*762	*760
	Just upstream of Clay/Ray County Border	*732	*730	Clay County
	Just upstream of Jesse James Farm Road	*776	*778	(Uninc. Areas)
	Just downstream of Interstate 35 bridge	*792	*788
	Approximately 4,800 feet upstream of Highway A	None	*859
East Fork Fishing River	Confluence with Fishing River	*744	*745	Clay County
	Just upstream of 112th Street	*747	*749	(Uninc. Areas)
	Approximately 3,800 feet downstream of Seabold Road	*752	*756
	Approximately 3,800 feet downstream of Seabold Road	*752	*756	City of Excelsior Springs
	Just upstream of Sebold Road	*758	*759
Crockett Creek	Approximately 250 feet upstream of confluence with Holmes Creek	*767	*772	Clay County (Uninc. Areas)
	Just downstream of 12th Street	*782	*783
	Just upstream of Stockdale Road	*810	*790
	At the Confluence with Holmes Creek	*767	*772	City of Mosby
	Approximately 350 feet upstream of the confluence with Holmes Creek	*767	*772
Holmes Creek	Approximately 250 feet upstream confluence of Crockett Creek	*767	*772	Clay County (Uninc. Areas)
	Just upstream of Summersette Road	*770	*777
	Just upstream of Highway 33	None	*813
	At the confluence with Fishing River	*764	*772	City of Mosby
	Approximately 350 feet upstream of West Mosby Road	*767	*772
Clear Creek	Confluence with Fishing River	*772	*777	Clay County
	Just upstream of 140th Street bridge	*775	*778	(Uninc. Areas)
	Just downstream of Interstate 35	*797	*794
	Approximately 6,300 feet upstream of Nation Road	None	*824
	Approximately 1,150 feet downstream of Summit Street	None	*783	City of Kearney
	Just downstream of Interstate 35	*797	*794
	Approximately 1,000 feet upstream of Highway 33	*804	*801
First Creek	Confluence with Second Creek (Approximately 1,000 feet downstream of Highway 92 bridge)	*836	*818	Clay County (Uninc. Areas)
	Just upstream of 144th Street bridge	*849	*851
	Approximately 2,600 feet upstream of 144th Street bridge	None	*860
	Appoximately 2,900 feet upstream of 144th Street	None	*861	City of Smithville
Second Creek	Approximately 1,550 feet upstream of Main Street	*817	*814	Clay County (Uninc. Areas)
	Confluence of First Creek (Approximately 1,000 feet downstream of Highway 92 bridge)	*836	*818
	Confluence with Little Platte River	*814	*814	City of Smithville
	Approximately 1,550 feet upstream of Main Street	*814	*814
Rocky Branch	Approximately 1,150 feet upstream from Confluence with Wilkerson Creek	*849	*846	Clay County (Uninc. Areas)
	Confluence with Wilkerson Creek	*848	*846	City of Smithville
	Just upstream of 140th Street	*865	*865
Polecat Creek	Confluence with Wilkerson Creek	None	*881	Clay County (Uninc. Areas)
	Approximately 2,500 feet upstream of Mt. Olive Road	None	*932
Wilkerson Creek	Approximately 1,500 feet upstream of Confluence with Little Platte River	*818	*816	Clay County (Uninc. Areas)
	Just downstream of Highway 92	*840	*840
	Approximately 5,000 feet upstream of 132th Street bridge	None	*906
	Confluence with Little Platte River	*814	*814	City of Smithville
	Appoximately 1,500 feet downstream of 144th Street bridge	*857	*851
Williams Creek	At the confluence with Fishing River	*756	*760	Village of Prathersville
	Approximately 550 feet upstream of the Chicago Rock Island and Pacific Railroad	*761	*764
ADDRESSES
Clay County (Unincorporated Areas):
Maps are available for inspection at City Hall, 234 W. Shrader Street, Suite C, Liberty, Missouri.
Send comments to The Honorable Thomas Brandon, Presiding Commissioner, Clay County, Board of Commissioners, County Administration Building, Courthouse Square, Liberty, Missouri 64068.
City of Kearney:
Maps are available for inspection at City Hall, 100 East Washington Street, Kearney, Missouri.
Send comments to The Honorable Bill Dane, Mayor, City of Kearney, P.O. Box 797, 100 East Washington Street, Kearney, Missouri 64060.
City of Smithville:
Maps are available for inspection at City Hall, 107 West Main Street, Smithville, Missouri.
Send comments to The Honorable Ron Van Winkle, Mayor, City of Smithville, 107 West Main Street, Smithville, Missouri 64089.
City of Excelsior Springs:
Maps are available for inspection at City Hall, 201 East Broadway, Excelsior Springs, Missouri.
Send comments to The Honorable Benny Ward, Mayor, City of Excelsior Springs, 201 East Broadway, Excelsior Springs, Missouri 64024.
City of Mosby:
Maps are available for inspection at City Hall, 12312 4th Street, Mosby, Missouri.
Send comments to The Honorable Donald Carmichael, Mayor, City of Mosby, 12404 Pony Express Road, Mosby, Missouri 64073.
Village of Prathersville:
Maps are available for inspection at City Hall, 12212 County Road, Excelsior Springs, Missouri.
Send comments to The Honorable Paul Owen, Chairman, Village of Prathers, Board of Trustees, 12212 County Road, Excelsior Springs, Missouri 64024
Okanogan County, Washington and Incorporated Areas
Conconully Reservior	At Conconully Reservoir	None	*2,286	Town of Conconully, Okanogan County (Uninc. Areas)
ADDRESSES
Okanogan County (Unincorporated Areas):
Maps are available for inspection at City Hall, 123 North Fifth Street, Okanogan, Washington.
Send comments to The Honorable Bob Hirst, Chairperson, Okanogan County Board of Commissioners, 123 North Fifth Street, Room 150, Okanogan, Washington 98840.
Town of Conconully:
Maps are available for inspection at the Town Office, 21 North Main Street, Conconully, Washington.
Send comments to The Honorable Charles Alexander, Mayor, Town of Conconully, Town Office, P.O. Box 127, Conconully, Washington 98819.

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

Dated: April 3, 2002.

Robert F. Shea,

Acting Administrator, Federal Insurance and Mitigation Administration.