01-19684. 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
Arizona	La Paz County (Unincorporated Areas)	Bouse Wash	Approximately 5,700 feet downstream of Yellow Bird Drive	None	*875
			Approximately 3,200 feet downstream of Plomosa Road	None	*925
			Aproximately 3,500 feet upstream of Joshua Street	None	*979
		Tributary Along East Side Railroad	Approximately 3,700 feet downstream of Willamette Drive	None	*876
			Approximately 3,000 feet upstream of Main Street	None	*963
		Tributary B	At confluence with Bouse Wash	None	*889
			Approximately 800 feet upstream of the unnamed road stretching between Winema Drive and Cholla Drive	None	*946
		Tributary C	At confluence with Bouse Wash	None	*898
			Approximately 800 feet upstream of Cholla Drive	None	*925
		Tributary D	At confluence with Bouse Wash	None	*923
			Approximately 2,800 feet upstream of Black Mountain Drive	None	*985
		Tributary D-1	At confluence with Tributary D	None	*932
			Approximately 800 feet upstream of Rayder Avenue	None	*947
		Tributary E	At confluence with Bouse Wash	None	*948
			Approximately 700 feet upstream of Rayder Avenue	None	*982
		Tributary F	At confluence of Bouse Wash	None	*876
			Approximately 3,550 feet upstream of La Posa Road	None	*941
	La Paz County (Unicorporated Areas)	Tributary H	At confluence with Bouse Wash	None	*940
			Approximately 1,600 feet upstream of Plomosa Road	None	*985
		Tributary I	At confluence with Bouse Wash	None	*944
			Just downstream of Plomosa	None	*1,005
Maps are available for inspection at the LaPaz County Development Department, 1112 Joshua Avenue, Suite 202, Parker, Arizona.
Send comments to The Honorable Cliff Edey, Chairperson, La Paz County Board of Supervisors, 1108 Joshua Avenue, Parker, Arizona 85334.
Colorado	Fremont County (Unincorporated Areas)	Oak Creek Right Overbank	500 feet downstream of West Seventh Street	None	*5,151
			Approximately 150 feet upstream of West Seventh Street	None	*5,156
		Oak Creek	Approximately 1,200 feet upstream of confluence with Arkansas River	*5,154	*5,158
			Just downstream at Atchison, Topeka & Sante Fe Railroad	*5,245	*5,246
Maps are available for inspection at the County Courthouse, 615 Macon Avenue, Room B5, Canon City, Colorado.
Send comments to the Honorable Joe Rall, Fremont County Commissioner, 615 Macon Avenue, Canon City, Colorado, 81226.
Idaho	Ammon (City) Bonneville County	Sand Creek Drainage	Approximately 850 feet upstream of Sunnyside Road	*4,714	*4,718
			Approximately 85 feet upstream of Wanda Street	#1	*4,724
Maps are available for inspection at the Ammon City Hall, c/o Ms. Aleen Jenson, 2135 South Ammon Road, Ammon, Idaho, 83406.
Send comments to The Honorable Bruce Ard, Mayor, City of Ammon, 2135 South Ammon Road, Ammon, Idaho.
Idaho	Bonner County (Unincorporated Areas)	Pend Oreille River	Approximately 4,000 feet downstream of U.S. Route 2	None	*2,056
			Approximately 800 feet downstream of Alderni Falls Dam	None	*2,057
Maps are available for inspection at the Bonner County Planning Department, 127 South First Avenue, Sandpoint, Idaho.
Send comments to The Honorable Dale Van Stone, Chairman, Bonner County Board of Commissioners, 215 South First Avenue, Sandpoint, Idaho 83864.
Idaho	Bonneville County (Unincorporated Areas)	Black Canyon Drainage	At Nielson Road	#3	*4,741
			Approximately 4,900 feet upstream of Nielson Road	#1	*4,775
		Salt River	2,500 feet downstream of confluence of Miller Creek	None	*5,677
		Sand Creek Drainage	Just downstream of First Street	#1	*4,744
			Just upstream of Sunnyside Road	*4,716	*4,716
Maps are available for inspection at the Bonneville County Courthouse, 605 North Capital Avenue, Idaho Falls, Idaho.
Send comments to The Honorable Bill Shurtleff, Chairman, Bonneville County Board of Commissioners, 605 North Capital Avenue, Idaho Falls, Idaho 83402.
Missouri	Pulaski County (Unincorporated Areas)	Roubidoux Creek	Approximately 4,800 feet upstream from confluence with Gasconade River	None	*765
			Approximately 2,700 feet downstream of Historic Route 66	*775	*777
			Approximately 2,600 feet upstream of Historic Route 66	*781	*784
	Pulaski County (Unincorporated Areas)	Roubidoux Creek	Approximately 11,000 feet upstream of Interstate 44	*796	*796
		Mitchell Creek	Just upstream of Interstate 44	None	*856
			Approximately 4,700 feet upstream of Highway H	None	*908
		Pearson Hollow	Approximately 300 feet upstream of Glenn Road	None	*892
			Approximately 1,100 feet upstream of Glenn Road	None	*901
Maps are available for inspection at the Pulaski County Courthouse, 301 Historic Route 66 East, Waynesville, Missouri 65583.
Send comments to The Honorable Harold York, Presiding County Commissioner, Pulaski County Courthouse, 301 Historic Route 66 East, Waynesville, Missouri 65583.
Missouri	Steelville (City) Crawford County	Whittenburg Creek	Approximately 600 feet downstream of County Road 545	None	*726
			Just downstream of Highway 8	*731	*732
		Yadkin Creek	At confluence with Whittenburg Creek	None	*731
			Approximately 5,000 feet upstream of Spring Street	*783	*785
Maps are available for inspection at City Hall, 103 Brickey Street, Steelville, Missouri.
Send comments to The Honorable Terry Palmer, Mayor, City of Steelville, 103 Brickey Street, Steelville, Missouri 65565.
North Dakota	Raymond (Township) Cass County	Maple River	At middle of eastern edge of Section 30 in Township 140 North Range 50 West	None	*903
			At southwestern corner of Section 30 in Township 140 North Range 50 West	None	*904
Maps are available for inspection at the Office of the Zoning Administration, 16365 33rd Street, Southeast, Mapleton, North Dakota.
Send comments to The Honorable Jim Hagenson, Chairman, Raymond Township Board, 16620 33rd Street, Southeast, Harwood, North Dakota 58042
Oregon	Gresham (City) Multnomah County	Kelly Creek	Approximately 130 feet downstream of Division Street	*335	*335
			Approximately 400 feet upstream of NE Kane Road	None	*353
			Approximately 410 feet downstream of SE El Camino Drive	None	*355
			Approximately 430 feet upstream of Powell Valley Road	None	*387
			Approximately 670 feet downstream of SE Ironwood Way	None	*416
		Approximately 630 feet upstream of 282nd Street	None	*446
Maps are available for inspection at the Community Map Repository, City of Gresham, Community & Economic Development Department, 1333 NW Eastman Parkway, Gresham, Oregon.
Send comments to The Honorable Charles Becker, Mayor, City of Gresham, 1333 NW Eastman Parkway, Gresham, Oregon 97030.
Oregon	Warm Springs Indian Reservation	Warm Springs River	Approximately 500 feet downstream of Bia Route 13	None	*1,408
			Approximately 650 feet upstream of Bia Route 3	None	*1,471
		Shitike Creek	Approximately 100 feet upstream of the confluence with Deschutes River	None	*1,372
			Approximately 5,850 feet upstream of confluence with Tenino Creek	None	*1,534
		Tenino Creek	At confluence with Shitike Creek	None	*1,471
			Approximately 3,700 feet upstream of Bia Route 4	None	*1,540
Maps are available for inspection at the Confederated Tribes of Warm Springs, 1233 Veterans Street, Warm Springs, Oregon.
Send comments to The Honorable Olney Platt Jr., Chairman, Confederated Tribes of Warm Springs Reservation, P.O. Box C, Warm Springs, Oregon 97761.
South Dakota	Hot Springs, (City) Fall River County	Cold Brook Creek	At confluence with Hot Brook Creek and Fall River	None	*3,475
			Approximately 300 feet upstream of Tillotson Street	None	*3,502
		Fall River	Approximately 1,250 feet downstream of Joplin Avenue	None	*3,375
			At confluence with Hot Brook Creek and Cold Brook Creek	None	*3,475
		Unnamed Tributary to Fall River	At confluence with Fall River	None	3,390
			Apprximately 700 feet upstream of River Street	None	*3,408
Maps are available for inspection at City Hall, 303 North River Street, Hot Springs, South Dakota.
Send comments to The Honorable Karleen Kirchner, Mayor, City of Hot Springs, 303 North River Street, Hot Springs, South Dakota 57747.
Wyoming	Newcastle (City) Weston County	Cambria Creek	Approximately 1930 feet downstream of Carter Avenue	None	+4,248
			Approximately 2,100 feet upstream of North Summit Avenue	None	+4,350
		Cambria Overflow	At convergence with Little Oil Creek	None	+4,188
			At divergence from Cambria Creek	None	+4,268
		Cave Spring Canyon	At confluence with Cambria Creek	None	+4,335
			Approximately 1,950 feet upstream of confluence with Cambria Creek	None	+4,373
		Little Oil Creel	Approximately 1,900 feet downstream of Morrisey County Road	None	+4,134
			At U.S. Highway 16 Bypass	None	+4,227
			At Stampede Street	None	+4,270
+NAVD of 1988
Maps are available for inspection at City Hall, 10 W. Warwick, Newcastle, Wyoming.
Send comments to The Honorable Mike Mills, Mayor, City of Newcastle, 10 W. Warwick, Newcastle, WY 82701.

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

Dated: July 31, 2001.

Robert F. Shea,

Acting Administrator, Federal Insurance and Mitigation Administration.