02-20964. 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 table below.

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 Administrator for 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 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:

Source of flooding and location of referenced elevation	*Elevation in feet (NGVD)		Communities affected
	Existing	Modified
Big Cabin Creek:
Just upstream of the confluence with Neosho River	None	*639	Mayes County (Unincorporated Areas).
Approximately 550 feet upstream of Abandoned County Road	None	*642
*National Geodetic Vertical Datum
Lake Hudson: Entire shoreline	None	*637	Mayes County, Town of Salina.
Neosho River:
Approximately 2,500 feet downstream of Strang Road	None	*637	Mayes County, Town of Langley, Town of Disney.
Just downstream of Pensacola Dam	None	*649
Summerfield Creek:
At the confluence with Neosho River	None	*648	Mayes County, Town of Disney.
Approximately 6,200 feet upstream of N4475 Road	None	*658
Salt Branch Creek:
Just upstream of Maple Street	None	*611	Mayes County, City of Pryor Creek.
Approximately 100 feet downstream of N4330 Road	None	*633
*National Geodetic Vertical Datum
Maps are available for inspection at the Mayes County Courthouse, Pryor Creek, Oklahoma.
Maps are available for inspection at City Hall, City of Pryor, 6 North Adair Street, Pryor Creek, Oklahoma.
Send comments to The Honorable H. W. Jordan, Mayor, City of Pryor Creek, PO Box 1167, Pryor Creek, Oklahoma 74362.
Maps are available for inspection at the Town Hall, Town of Disney, 101 Main Street, Disney, Oklahoma.
Send comments to The Honorable Lewis Perrault, Mayor, Town of Disney, PO Box 318, Disney, Oklahoma 74340.
Maps are available for inspection at City Hall, Town of Langley, 3rd Street and Osage Avenue, Langley, Oklahoma.
Send comments to The Honorable Dick Lay, Mayor, Town of Langley, PO Box 760, Langley, Oklahoma 74350.
Maps are available for inspection at the Town Hall, Town of Salina, Salina Oklahoma.
Send comments to The Honorable Darrell Blaylock, Mayor, Town of Salina, PO Box 276, Salina, Oklahoma 74365.
For further information please contact the Map Assistance Center toll free at 1-877-FEMA-MAP (1-877-336-2627).

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

Dated: August 12, 2002.

Anthony S. Lowe,

Administrator, Federal Insurance and Mitigation Administration.