04-3812. 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:

Doug Bellomo, P.E., Hazard Identification Section, Emergency Preparedness and Response Directorate, 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 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

[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	Range of BFEs Elevation in feet *(NGVD)
KS	Lansing (City) Leavenworth County	Ninemile Creek North		*771	*817
		North Fork of Ninemile Creek North		*840	*843
		Sevenmile Creek		*771	*821
		Sevenmile Creek Tributary		*771	*773
Maps are available for inspection at the Community Development Department, 800 1st Terrace, Lansing, Kansas.
Send comments to The Honorable Kenneth W. Bernard, Mayor, City of Lansing, City Hall, 800 1st Terrace, Lansing, Kansas 66043.
KS	Leavenworth County (Unincorporated Areas)	Ninemile Creek North (Lower Reach)		*771	*771
		Ninemile Creek North (Upper Reach)		*818	*906
		North Fork of Ninemile Creek		*834	*891
		Sevenmile Creek (Upper Reach)		*812	*826
		South Fork of Ninemile Creek North		*837	*892
Maps are available for inspection at the Leavenworth County Courthouse, Planning and Zoning Department, 300 Walnut Street, Leavenworth, Kansas.
Send comments to Mr. Joe Daniels, Jr., Chairman, Leavenworth County Board of Commissioners, County Courthouse, 300 Walnut Street, Leavenworth, Kansas 66048.
MO	Wayne County (Unincorporated Areas)	McKenzie Creek		*458	*520
Maps are available for inspection at the Wayne County Courthouse, 109 Walnut Street, Greenville, Missouri.
Send comments to Commissioner Brian Polk, Presiding Commissioner, Wayne County Courthouse, P.O. Box 48, Greenville, Missouri 63944.
MO	Piedmont (City) Wayne County	McKenzie Creek		*460	*520
Maps are available for inspection at City Hall, 115 West Green Street, Piedmont, Missouri.
Send comments to The Honorable Gaylon Watson, Mayor, City of Piedmont, 115 West Green Street, Piedmont, Missouri 63957.

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

Dated: February 11, 2004.

Anthony S. Lowe,

Mitigation Division Director, Emergency Preparedness and Response Directorate.