FR Doc 03-28168

[Federal Register: November 10, 2003 (Volume 68, Number 217)]
[Proposed Rules]
[Page 63745-63747]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10no03-12]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-7441]

Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency (FEMA), Emergency
Preparedness and Response Directorate, Department of Homeland Security.

ACTION: Proposed rule.

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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 below table.

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, (202) 646-2903.

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 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, Sec. 67.4.

2. The tables published under the authority of Sec. 67.4 are
proposed to be amended as follows:

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Elevation in feet
*(NGVD) Elevation in
Flooding source(s) Location of referenced feet [sbull](NVAD) Communities affected
elevation ----------------------
Effective Modified
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Sioux County, and Incorporated Areas
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Cannonball River.................... Approximately 4,300 feet None [sbull]1, Standing Rock Indian
downstream of Rice Street. 658 Reservation, ND and
City of Solen
Approximately 7,700 feet None [sbull]1, ......................
upstream of Rice Street. 668

[[Page 63746]]

Grand River (at Bullhead)........... Approximately 4,000 feet None [sbull]1, Standing Rock Indian
downstream of confluence of 759 Reservation, SD
Rock Creek.
Approximately 4,600 feet None [sbull]1, ......................
upstream of confluence of 774
Stink Creek.
Grand River (at Little Eagle)....... Approximately 3.4 miles None [sbull]1, Standing Rock Indian
downstream of the State 638 Reservation, SD
Route 63.
Approximately 2,000 feet None [sbull]1, ......................
upstream of Old Irrigation 651
Dam.
Oak Creek........................... Approximately 7,500 feet None [sbull]1, Standing Rock Indian
downstream of Sewage 622 Reservation, SD
Lagoons.
Approximately 2,900 feet None [sbull]1, ......................
upstream of Old Irrigation 646
Dam.
Rock Creek.......................... At confluence with Grand None [sbull]1, Standing Rock Indian
River (at Bullhead). 761 Reservation, SD
Approximately 7,500 feet None [sbull]1, ......................
upstream of Bullhead Road. 793
Depth in feet above ground
* National Geodetic Datum
[sbull] National American Vertical Datum

Addresses:

Standing Rock Indian Reservation, ND & SD:
Maps are available for inspection at the Department of Tribal Land Management, South River Road, Fort Yates,
North Dakota 58538.
Send comments to the Honorable Charles Murphy, Chairman, Standing Rock Sioux Tribe, P.O. Box D, Fort Yates,
North Dakota 58538.
City of Solen:
Maps are available for inspection at the Engineering Department, 306 Leach Street, Solen, North Dakota 58570.
Send comments to the Honorable Larry Froelich, Mayor, City of Solen, P.O. Box 117, Solen, North Dakota 58570.
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Depth in
feet above ground.
* Elevation in feet.
State City/town/county Source of flooding Location (NGVD)
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Existing Modified
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South Dakota......... Hill (City), Spring Creek....... Approximately 1.2 miles None * 4,934
Pennington County. upstream of U.S.
Highway 16/385.
Approximately 1.3 miles * 4,937 * 4,937
upstream of U.S.
Highway 16/385.
Depth in feet above ground
* Elevation in feet
Maps are available for inspection at City Hall, 324 Main Street, Hill City, South Dakota 57745.
Send comments to The Honorable Peter J. Stach, Mayor, City of Hill City, P.O. Box 395, Hill city, South Dakota
57745.
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South Dakota......... Pennington County... Spring Creek At Calumet Road......... None * 4,640
(downstream of
corporate limit of
City of Hill City).
Approximately 1.2 miles None * 4,934
upstream of U.S.
Highway 16/385.
Spring Creek Approximately 400 feet * 5,010 * 5,014
(upstream of upstream of the
corporate limit of Burlington Northern
City of Hill City). Railroad.
Approximately 1 mile None * 5,309
upstream of U.S.
Highway 16/385.
Depth in feet above ground
* Elevation in feet
Maps are available for inspection at the County Courthouse, 315 Saint Joseph Street, Rapid City, South Dakota
57701.
Send comments to The Honorable Kenneth Davis, Chairperson, Pennington County Board of Commissioners, 315 Saint
Joseph Street, Rapid City, South Dakota 57701.
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[[Page 63747]]

(Catalog of Federal Domestic Assistance No. 83.100, ``Flood
Insurance.'')

Dated: November 4, 2003.
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response
Directorate.
[FR Doc. 03-28168 Filed 11-7-03; 8:45 am]

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