03-10487. Proposed Flood Elevation Determinations

AGENCY:

Federal Emergency Management Agency, Emergency Preparedness and Response Directorate, Department of Homeland Security.

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 table below.

FOR FURTHER INFORMATION CONTACT:

Mary Jean Pajak, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC, 20742, [phone].

SUPPLEMENTARY INFORMATION:

The Federal Emergency Management Agency makes the final determinations listed below for the modified BFEs for each community listed. These modified elevations have been published in newspapers of local circulation and ninety (90) days have elapsed since that publication. The Mitigation Division Director of the Emergency Preparedness and Response Directorate, has resolved any appeals resulting from this notification.

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 Mitigation Division Director of the Emergency Preparedness and Response Directorate, certifies that this rule is exempt from the requirements of the Regulatory Flexibility Act because modified base flood elevations are required by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are required to 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 record keeping 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

[Amended]

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) • (NAVD)
				Existing	Modified
IL	Monmouth, (City) (Warren County)	Unnamed Creek		*699-766
Maps are available for inspection at the Zoning Office, City of Monmouth, 100 East Broadway, Monmouth, Illinois.
Send comments to The Honorable John R. Reitman, Mayor, City of Monmouth, 100 East Broadway, Monmouth, Illinois 61462.
IA	Hancock County (Unincorporated Areas)	Bear Creek		*1,205
	Winnebago River			*1,199-1,205
Maps are available for inspection at the Hancock County Courthouse, 855 State Street, Garner, Iowa.
Send comments to The Honorable John Torkelson, Chairman, Hancock County, 855 State Street, Garner, Iowa 50438.
OH	Brunswick (City) (Medina County)	Plum Creek	Just upstream of Carpenter Road	None	*1,115
			Just downstream of Interstate 71	None	*1,122
Maps are available for inspection City Hall, City of Brunswick, 4095 Center Street, Brunswick, Ohio.
Send comments to The Honorable Robert Trimble, City Manager, City of Brunswick, City Hall, 4095 Center Road, Brunswick, Ohio 44212.
OH	Elk City (City) (Beckham County)	Elk Creek	Approximately 90 feet downstream of Hughes Access Road	None	*1873.9
			At confluence of East and West Forks Elk Creek	None	*1890.2
		East Fork Elk Creek	At confluence with Elk Creek	None	*1890.2
			Approximately 1/2 mile upstream of Westbound Oklahoma Highway 34/66	None	*1930.6

State	City/town/county	Source of flooding	Location	*Elevation in feet (NAVD)
				Existing	Modified
OK	Elk City (City) (Beckham County) (Cont'd)	West Fork Elk Creek	At confluence with Elk Creek	None	*1890.2
			Approximately 0.3 miles upstream of Lori Lane	None	*1948.0
		Tributary No. 1	At confluence with West Fork Elk Creek	None	*1919.5
			Approximately 30 feet upstream of Hoover Drive	None	*1936.7
		Tributary No. 2	At confluence with Elk Creek	None	*1882.1
			Approximatley 160 feet upstream of Cedar Village Trailer Park	None	*1979.1
Maps are available for inspection at 120 South Jefferson Street, Elk City, Oklahoma.
Send comments to The Honorable Theresa Mullikan, Mayor, City of Elk City, P.O. Box 236, Elk City, Oklahoma 73648.

State	City/town/county	Source of flooding	Location	#Depth in feet above ground. *Elevation in feet *(NGVD) • (NAVD)
				Existing	Modified
WI	Darlington (City) (Lafayette County)	Pecatonica River	Approximately 200 feet downstream of main Street	*822	*823
	Darlington (City) (cont'd) (Lafayette County)	Pecatonica River	At upstream corporate limit, approximately 1,650 feet upstream of the Union Pacific Railroad	*826	*827
Maps are available for inspection at City Hall, 627 Main Street, Darlington, Wisconsin.
Send comments to The Honorable Dave Breunig, Mayor, City of Darlington, 627 Main Street, Darlington, Wisonsin 53530.
WI	Lafayette County (Unincorporated Areas)	Pecatonica River	Approximately 1,000 feet upstream of the confluence of Vinegar Branch of the City of Darlington corporate limits.	*821	*822
			Just downstream of the Union Pacific Railroad, approximately 2,500 feet downstream of Ferndale Road.	*840	*841
Maps are available for inspection at Lafayette County Court House, 627 Washington Street, Darlington, Wisconsin.
Send comments to The Honorable George Williams, Lafayette County Board Chairman, 627 Washington Street, Darlington, Wisconsin 53530.

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

Dated: April 23, 2003.

Anthony S. Lowe,

Mitigation Division Director, Emergency Preparedness and Response Directorate.