03-10485. 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 20472, [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
AR	Cherokee Village (City) (Sharp and Fulton Counties)	Big Otter Creek	At confluence with South Fork Spring River	None	*386
			Approximately 0.25 miles downstream of the primary Spillway of Lake Thunderbird	None	*393
		Big Otter Creek Tributary	Approximately 74.0 feet upstream of confluence with Big Otter Creek	None	*485
			Approximately 400 feet downstream of the dam at Lake Navajo	None	*561
		Little Otter Creek	Approximately 0.8 miles upstream of the primary spillway of Lake Sequoyah	None	*484
			Approximately 600 feet upstream of Lakeshore Drive	None	*493
		Short Draft Branch	Approximately 1.7 miles upstream of South Fork Spring River	None	*509
			Approximately 0.1 mile downstream of the primary spillway of Lake Chanute	None	*516
AR	Cherokee Village (City) (Sharp and Fulton Counties)	South Fork Spring River	Just downstream of Griffin Road	None	*371
			Approximately 5700 feet upstream of Cherokee Road	None	*410
Maps are available for inspection at the Community Map Repository, City of Cherokee Village, 2 Santee Drive, Cherokee Village, Arkansas.
Send comments to The Honorable Ray Maynard, Mayor, City of Cherokee Village, 2 Santee Drive, Cherokee Village, Arkansas 72529.

State	City/town/county	Source of flooding	Location	Elevation in feet. (NAVD)
				Existing	Modified
MO	Northmoor (City) (Platte County)	Line Creek	Approximately 250 feet upstream of U.S. Highway 69	*766	*767
			At upstream corporate limits (approximately 225 feet downstream of Interstate 29)	*769	*770
Maps are available for inspection at City Hall, City of Northmoor, 4907 NW Waukomis Drive, Northmoor, Missouri.
Send comments to The Honorable Harlan Shaver, Jr., Mayor, City of Northmoor, 4907 NW Waukomis Drive, Northmoor, Missouri 64151.

(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.