[Federal Register: May 24, 2005 (Volume 70, Number 99)]
[Proposed Rules]
[Page 29694-29695]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24my05-32]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 67
[Docket No. FEMA-P-7687]
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, (202) 646-2903.
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
[[Page 29695]]
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 [Amended]
2. The tables published under the authority of Sec. 67.4 are
proposed to be amended as follows:
----------------------------------------------------------------------------------------------------------------
Depth in feet
above ground Elevation in
State City/town/ Source of Location feet (NAVD)
county flooding ---------------------------
Existing Modified
----------------------------------------------------------------------------------------------------------------
Iowa........................ West Des Moines Jordan Creek... Approximately 3,210 None......... 924
(City) Polk feet downstream of
and Dallas 68th Street.
Counties.
Approximately 1,950 None......... 970
feet upstream of
E.P. True Parkway.
Raccoon River.. Approximately 75 814......... 816
feet downstream of
South First Street.
Approximately 1.7 832......... 833
miles upstream of
U.S. Interstate 35.
-----------------------------
Maps are available for inspection at City Hall, 4200 Mills Civic Parkway, West Des Moines, Iowa.
Send comments to The Honorable Eugene Meyer, Mayor, City of West Des Moines, 4200 Mills Civic Parkway, West Des
Moines, Iowa 50265.
----------------------------------------------------------------------------------------------------------------
(Catalog of Federal Domestic Assistance No. 83.100, ``Flood
Insurance.'')
Dated: May 18, 2005.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and
Response Directorate.
[FR Doc. 05-10299 Filed 5-23-05; 8:45 am]
BILLING CODE 9110-12-P