FR Doc 05-17623

[Federal Register: September 6, 2005 (Volume 70, Number 171)]
[Proposed Rules]
[Page 52976-52978]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06se05-31]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-P-7699]

Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, 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 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.

[[Page 52977]]

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.

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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Depth in feet
above ground
[ssdiam]Elevation in
State City/town/county Source of flooding Location feet [ssdiam] (NAVD)
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Existing Modified
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NM................................... Silver City (Town) Grant Central Arroyo........................... At the confluence with Maude's Creek...................... None [ssdiam]6,0
County. 13
Approximately 7,770 feet upstream of the confluence with None [ssdiam]6,1
Maude's Creek. 93
Cottonwood Creek......................... Approximately 800 feet upstream of the confluence with None [ssdiam]5,9
Silva Creek. 53
Approximately 190 feet upstream of Cain Drive............. None [ssdiam]6,0
67
Maude's Creek............................ Approximately 210 feet downstream of U.S. Route 180....... [ssdiam]5,9 [ssdiam]6,0
97 00
Approximately 6,100 feet upstream of U.S. Route 180....... None [ssdiam]6,1
25
Pinos Altos Creek........................ Approximately 1,200 feet upstream of 32nd Street.......... [ssdiam]6,0 [ssdiam]6,0
40 42
Approximately 3,770 feet upstream of confluence of None [ssdiam]6,1
Tributary 8 to Pinos Altos Creek. 41
Tributary 2 to Maude's Creek (Lower to Approximately 16,260 feet upstream of the confluence with None [ssdiam]5,8
Reach). Maude's Creek. 53
Approximately 17,340 feet upstream of the confluence with None [ssdiam]5,8
Maude's Creek. 68
Tributary 2 to Maude's Creek (Upper Approximately 590 feet upstream of U.S. Route 180......... None [ssdiam]6,0
Reach). 47
Approximately 5,020 feet upstream of 32nd Street Bypass... None [ssdiam]6,2
27
Tributary 8 to Pinos Altos Creek......... At the confluence with Pinos Altos Creek.................. None [ssdiam]6,0
53
Approximately 1,310 feet upstream of 40th Street.......... None [ssdiam]6,1
45

Maps are available for inspection at the City Annex Building, 1211 North Hudson Street, Silver City, New Mexico.

Send comments to The Honorable Terry Fortenberry, Mayor, Town of Silver City, 101 West Broadway, Silver City, New Mexico 88062-1188.
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OH................................... Findlay (City) Hancock Blanchard River.......................... Approximately 70 feet upstream of Central Parkway......... [ssdiam]779 [ssdiam]778
County.
Approximately 1,120 feet upstream of the confluence of [ssdiam]783 [ssdiam]781
Rush Creek.
Eage Creek............................... At the confluence with Blanchard River.................... [ssdiam]779 [ssdiam]778
Approximately 110 feet upstream of Highway 68............. [ssdiam]794 [ssdiam]792
Eagle Creek Overflow..................... At the confluence Lye Creek............................... N/A [ssdiam]779
Approximately 1,250 feet upstream of Blanchard Avenue..... N/A [ssdiam]780
Rush Creek............................... At the confluence with Blanchard River.................... [ssdiam]782 [ssdiam]781
Approximately 3,570 feet upstream of the confluence with [ssdiam]782 [ssdiam]781
Blanchard River.

[[Page 52978]]

Maps are available for inspection at the Community Map Repository, City of Findlay, Municipal Building, Room 306, 318 Dorney Plaza, Findlay, Ohio.

Send comments to The Honorable Anthony P. Iriti, Mayor, City of Findlay, Municipal Building, Room 310, 318 Dorney Plaza, Findlay, Ohio 45840.
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TX................................... Lufkin (City) Angelina Biloxi Creek North Tributary............. Approximately 2,860 feet downstream of State Highway 287.. None [ssdiam]306
County.
Approximately 210 feet upstream of State Highway 287...... None [ssdiam]329
Biloxi Creek South Tributary............. Approximately 640 feet downstream of Lemans Drive......... None [ssdiam]303
Approximately 1,660 feet upstream of Lemans Drive......... None [ssdiam]319
Cedar Creek.............................. At Gobblers Knob Road..................................... [ssdiam]237 [ssdiam]238
Approximately 100 upstream of Union Pacific Railroad...... None [ssdiam]299
Cedar Creek North Tributary.............. At confluence with Cedar Creek............................ [ssdiam]277 [ssdiam]276
Approximately 50 feet upstream of Lotus Lane.............. None [ssdiam]286
Cedar Creek South Tributary.............. At confluence with Cedar Creek............................ [ssdiam]254 [ssdiam]253
Approximately 1,350 feet upstream of Berry Road........... None [ssdiam]287
Cedar Creek Tributary 3.................. At confluence with Cedar Creek............................ [ssdiam]237 [ssdiam]240
Approximately 80 feet upstream of Live Oak Lane........... None [ssdiam]266
One Eye Creek............................ Approximately 2,120 feet downstream of Bartmess Drive..... None [ssdiam]289
Approximately 3,900 feet upstream of Bartmess Drive....... None [ssdiam]309
Shirley Creek............................ Approximately 7,350 feet upstream of the confluence with None [ssdiam]232
Paper Mill Creek.
Approximately 50 feet upstream of Trenton Street.......... None [ssdiam]297
Shirley Creek Tributary 2................ At the confluence with Shirley Creek...................... [ssdiam]259 [ssdiam]260
Approximately 1,600 feet upstream of State Highway 237.... None [ssdiam]310
Shriely Creek Tributary 2 East Branch.... At confluence with Shirely Creek Tributary 2.............. None [ssdiam]277
Approximately 970 feet upstream of Freeman Street......... None [ssdiam]297

Maps are available for inspection at City Hall, 300 Shepherd Street, Lufkin, Texas.

Send comments to The Honorable Louis A. Bronaugh, Mayor, City of Lufkin, 300 Shepherd Street, Lufkin, Texas 75902.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood
Insurance.'')

Dated: August 30, 2005.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and
Response Directorate.
[FR Doc. 05-17623 Filed 9-2-05; 8:45 am]

BILLING CODE 9110-12-P