03-16541. 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 following table.

FOR FURTHER INFORMATION CONTACT:

Mary Jean Pajak, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, [phone].

SUPPLEMENTARY INFORMATION:

The Federal Emergency Management Agency 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 Mitigation Division Director of the Emergency Preparedness and Response Directorate 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:

Flooding source(s)	Location of referenced elevation	Elevation in feet *(NGVD)		Communities affected
		Effective	Modified
CALIFORNIA
Merced County, and Incorporated Areas.
Bear Creek	At McKee Road	*183	*183	Merced County (Uninc. Areas).
	Just upstream of Bear Creek Drive	None	*225
Black Rascal Diversion Channel	At confluence with Bear Creek	None	*199	Merced County (Uninc. Areas).
	Approximately 3,700 feet upstream East Olive Avenue	None	*202
Local Ponding	Northeast of the intersection of East Childs Avenue and Fairfield Canal	None	*200	Merced County (Uninc. Areas), City of Merced.
	Northeast of the intersection of Mission Avenue and South Arboleda Drive	None	*200
Local Ponding	Northeast of the intersection of East Childs Avenue and Tower Road	None	*196	Merced County (Uninc. Areas), City of Merced.
	Southeast of the intersection of Le Grand Road and US Highway 99	None	*196
	Northeast of the intersection of Gerarad Avenue and the Fairfield Canal	None	*196
Local Ponding	Northeast of the intersection of Mission Avenue and the Fairfield Canal	None	*193	Merced County (Uninc. Areas).
Local Ponding	Northeast of the intersection of East Childs Avenue and Kirby Road	None	*191	City of Merced.
Local Ponding	Northwest of the intersection of State Highway 140 and Easy Street	None	*190	Merced County (Uninc. Areas), City of Merced.
Local Ponding	Southeast of the intersection of US Highway 99 and Mariposa Way	None	*189	Merced County (Uninc. Areas).
Local Ponding	Northeast and Southeast of the Intersection of East Childs Avenue and the Hartley Bradley Lateral	None	*186	Merced County (Uninc. Areas), City of Merced.
Local Ponding	Southeast of the intersection of US Highway 99 and Vassar Avenue	None	*183	Merced County (Uninc. Areas).
Local Ponding	Southeast of the intersection of US Highway 99 and Mission Avenue	None	*179	Merced County (Uninc. Areas).
	Northeast of the intersection of Sandy Mush Road and Givens-Lustre Road	None	*179
Local Ponding	Northeast and Southeast of the intersection of US Highway 99 and McHenry Road	None	*185	Merced County (Uninc. Areas).
Local Ponding	Southeast of the intersection of East Childs Avenue and Carol Avenue	None	*176	City of Merced.
Local Ponding	Northeast of the intersection of Mission Avenue and Tyler Road	None	*165	Merced County (Uninc. Areas).
Local Ponding	Northeast of the intersection of Healy Road and Deadman Creek	None	*164	Merced County (Uninc. Areas).
Local Ponding	Northeast of the intersection of State Highway 59 and Duck Slough	None	*151	Merced County (Uninc. Areas).
Local Ponding	Northeast of the intersection of Mariposa Way and Burchell Avenue	None	*237	Merced County (Uninc. Areas).
Local Ponding	Northeast of the intersection of Gerard Avenue and Plainsburg Avenue	None	*226	Merced County (Uninc. Areas).
Local Ponding	Southeast of the intersection of Kadota Avenue and Plainsburg Road	None	*222	Merced County (Uninc. Areas).
Shallow Flooding	From the intersection of Woodland Avenue South and West to State Highway 59	None	#1	Merced County (Uninc. Areas), City of Merced.
	From the AT & SF Railroad West to State Highway 59	None	#1
Shallow Flooding	From the AT & SF Railroad West to State Highway 59	None	#2	Merced County (Uninc. Areas).
Shallow Flooding	Northeast of the intersection of State Highway 59 and Duck Slough	None	#3	Merced County (Uninc. Areas).
ADDRESSES
Merced County (Unincorporated Areas)
Maps are available for inspection at Merced County Department of Public Works, 715 Martin Luther King Jr. Way, Merced, CA 95340.
Send comments to The Honorable Joe Rivero, Chairman, Merced County Board of Supervisors, 2222 M Street, Merced, CA 95340.
City of Merced
Maps are available for inspection at City Hall, 678 West 18th Street, Merced, CA 95340.

State	City/town/county	Source of flooding	Location	#Depth in feet above ground. *Elevation in feet. (NGVD)
				Existing	Modified
Hawaii	Hawaii County	Kaluiiki Branch	At confluence of Waipahoehoe Stream and Alenaio Stream	None	*754
			Approximately 200 feet upstream of Akala Road	None	*860
		Waipahoehoe Stream	At confluence with Kaluiiki Branch and Alenaio Stream	None	*754
			Approximately 100 feet upstream of Akala Road	None	*811
		Alenaio Stream	Just upstream of Kaumana Drive	*708	*708
			At confluence of Kaluiiki Branch and Waipahoehoe Stream	*752	*754
Maps are available for inspection at the Hawaii County Department of Public Works, Engineering Division, 25 Aupuni Street, Hilo, Hawaii 96720.

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

Dated: June 24, 2003.

Anthony S. Lowe,

Mitigation Division Director, Emergency Preparedness and Response Directorate.