FR Doc 04-23306

[Federal Register: October 19, 2004 (Volume 69, Number 201)]
[Proposed Rules]
[Page 61460-61461]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19oc04-11]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-7449]

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 modifcations 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, (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 premium
rates for the 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 procedures, 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.; Reorganziation 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
City/town/ Source of (NAVD)
State county flooding Location -------------------------
Existing Modified
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North Dakota................. Lincoln (City), Apple Creek.... Just upstream of None +1,644
Burleigh County. Railroad.

[[Page 61461]]

Approximately 5,000 None +1,646
feet downstream of
confluence of Hay
Creek.

+North American Vertical Datum

Maps are available for inspection at City Hall, 74 Santee Road, Lincoln, North Dakota 58504.

Send comments to The Honorable Glen Christmann, Mayor, City of Lincoln, 74 Santee Road, Lincoln, North Dakota
58504.
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Utah......................... Paragonah Red Creek...... Approximately 1,900 None +5,900
(Town),. feet downstream of
Iron County..... Center Street.
Approximately 1,600 None +5,989
feet upstream of
Center Street.
Water Canyon... Approxiamately 850 None +5,878
feet upstream of
100 West Street.
Approximately 1,200 None +5,891
feet upstream of
100 West Street.

+North American Vertical Datum

Maps are available for inspection at Town Hall, 44 North 100 West, Paragonah, Utah 84760.

Send comments to The Honorable Constance Robinson, Mayor, Town of Paragonah, P.O. Box 600247, Paragonah, Utah
84760.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood
Insurance'')

Dated: October 6, 2004.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and
Response Directorate.
[FR Doc. 04-23306 Filed 10-18-04; 8:45 am]

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