Proposed Flood Elevation Determinations

FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 67

[Docket No. FEMA-B-7414]

Proposed Flood Elevation Determinations

AGENCY:

Federal Emergency Management Agency (FEMA).

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 following table.

FOR FURTHER INFORMATION CONTACT:

Matthew B. Miller, P.E., Chief, Hazards Study Branch, Mitigation Directorate, FEMA, 500 C Street SW., Washington, DC 20472, (202) 646-3461, or (e-mail) matt.miller@fema.gov.

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 Acting Administrator, Federal Insurance Administration and Mitigation 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, §

67.4

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

BILLING CODE 6718-04-P

Flooding source(s)

Location of referenced elevation

Elevation in feet *(NGVD)

Effective

Modified

Communities affected

Kansas

Johnson County and Incorporated Areas

Tomahawk Creek

Approximately 3,500 feet upstream of confluence with Indian Creek

*849

*850

City of Leawood, City of Overland Park, City of Olathe.

Approximately 1,600 feet downstream of Roe Avenue

*865

*866

Just downstream of Pflumm Road

*1,005

*1,007

Approximately 4,800 feet upstream of Pflumm Road

None

*1,034

Tributary No. 2

At confluence with Tomahawk Creek

None

*853

City of Leawood.

Approximately 1,200 feet upstream of Confluence with Tomahawk Creek

None

*859

Tributary No. 3

At confluence with Tomahawk Creek

None

*859

City of Leawood.

Approximately 1,300 feet upstream of confluence with Tomahawk Creek

None

*860

Tributary No. 4

At confluence with Tomahawk Creek

None

*864

City of Leawood.

Approximately 1,500 feet upstream of confluence with Tomahawk Creek

None

*866

Tributary No. 5

At confluence with Tomahawk Creek

None

*872

City of Leawood.

Approximately 1,200 feet upstream of Confluence with Tomahawk Creek

None

*874

Tributary No. 6

At confluence with Tomahawk Creek

None

*872

City of Overland Park.

Approximately 1,850 feet upstream of Confluence with Tomahawk Creek

None

*881

Tributary No. 7

At confluence with Tomahawk Creek

None

*881

City of Overland Park.

Just downstream of Metcalf Avenue

None

*929

Tributary No. 8

At confluence with Tomahawk Creek

None

*885

City of Overland Park.

Approximately 1,000 feet upstream of Confluence with Tomahawk Creek

None

*888

Tributary No. 9

At confluence with Tomahawk Creek

None

*890

City of Overland Park.

Approximately 1,360 feet upstream of Tomahawk Creek

None

*900

Tributary No. 10

At confluence with Tomahawk Creek

None

*900

City of Overland Park.

Approximately 1,100 feet upstream of Foster Street

*935

Tributary No. 11

At confluence with Tomahawk Creek

None

*906

City of Overland Park.

Approximately 1,380 feet upstream of Confluence with Tomahawk Creek

None

*912

Tributary No. 12

At confluence with Tomahawk Creek

None

*912

City of Overland Park.

Approximately 4,700 feet upstream of Antioch Road

None

*955

Tributary No. 12B1

At confluence with Tomahawk Creek Tributary No. 12

None

*920

City of Overland Park.

Approximately 2,450 feet upstream of Confluence with Tomahawk Creek

None

*938

Tributary No. 13

At confluence with Tomahawk Creek

None

*929

City of Overland Park.

Approximately 900 feet upstream of 148th Street

None

*984

Tributary No. 13B1

At confluence with Tomahawk Creek Tributary No. 13

None

*935

City of Overland Park.

Just downstream of Antioch Road

None

*935

Tributary No. 13E1

At confluence with Tomahawk Creek Tributary No. 13

None

*964

City of Overland Park.

Approximately 500 feet upstream of Switzer Road

None

*978

Tributary No. 13F1

At confluence with Tomahawk Creek Tributary No. 13

None

*979

City of Overland Park.

Approximately 1,100 feet upstream of Confluence with Tomahawk Creek Tributary No. 13

None

*989

Tributary No. 17

At confluence with Tomahawk Creek

None

*977

City of Overland Park.

Approximately 610 feet upstream of Confluence with Tomahawk Creek

None

*981

Tributary No. 18

At confluence with Tomahawk Creek

None

*989

City of Overland Park.

Approximately 1,100 feet downstream of 143rd Street

None

*997

Tributary No. 19

At confluence with Tomahawk Creek

None

*1,000

City of Overland Park.

Approximately 630 feet upstream of Confluence with Tomahawk Creek

None

*1,003

Tributary No. 20

At confluence with Tomahawk Creek

None

*1,011

City of Olathe, City of Overland Park.

Approximately 300 feet upstream of Confluence with Tomahawk Creek

None

*1,011

At confluence with Tomahawk Creek

None

*1,012

City of Olathe.

Tributary No. 21

Approximately 760 feet upstream of Confluence with Tomahawk Creek

None

*1,014

ADDRESSES

Johnson County (Unincorporated Areas)

Maps are available for inspection at the Department of Planning, Development and Codes, 111 South Cherry, Suite 3500, Olathe, Kansas.

Send comments to The Honorable Annabeth Surbaugh, Chairman, Johnson County Board of Commissioners, 111 South Cherry, Suite 3300, Olathe, Kansas 66061.

City of Leawood

Maps are available for inspection at the Planning Services Department, 4800 Town Center Drive, Leawood, Kansas.

Send comments to The Honorable Peggy Dunn, Mayor, City of Leawood, 4800 Town Center Drive, Leawood, Kansas 66211.

City of Olathe

Maps are available for inspection at the Planning Department, 100 West Santa Fe, Olathe, Kansas.

Send comments to The Honorable Larry Campbell, Mayor, City of Olathe, P.O. Box 768, Olathe, Kansas 66051-0768.

City of Overland Park

Maps are available for inspection at City Hall, 8500 Santa Fe Drive, Overland Park, Kansas.

Send comments to The Honorable Ed Eilert, Mayor, City of Overland Park, 8500 Santa Fe Drive, Overland Park, Kansas 66313.

TEXAS

Bexar County and Incorporated Areas

Culebra Creek

At confluence with Leon Creek

*772

*773

Bexar County (Uninc. Areas), City of San Antonio.

At Culebra Road

*848

*849

Just downstream of Galm Road

*951

*952

Culebra Creek Split:

No. 1

At confluence with Culebra Creek

None

*796

Bexar County (Uninc. Areas), City of San Antonio.

Approximately 830 feet upstream of Tezel Road

None

*808

No. 2

At confluence with Culebra Creek (Approximately 200 feet upstream of Tezel Road)

None

*810

Bexar County (Uninc. Areas).

Approximately 3,620 feet upstream of Timberwilde

None

*827

No. 3

At confluence with Culebra Creek (Approximately 1,530 feet downstream of Charles W. Anderson Loop)

None

*853

Bexar County (Uninc. Areas), City of San Antonio.

At Charles W. Anderson Loop

None

*865

French Creek

Approximately 1,500 feet upstream of Clyde Dent

None

*806

Bexar County (Uninc. Areas), City of San Antonio.

Approximately 1,040 feet downstream of Mainline Drive

None

*832

At Charles W. Anderson Drive

*938

*936

Approximately 800 feet upstream of Circle North Trail

None

*980

Helotes Creek (at San Antonio)

At confluence with Culebra Creek

*852

*853

Bexar County (Uninc. Areas). City of San Antonio.

At Leslie Road

*914

*915

Approximately 320 feet upstream of Bandera Road

*1,003

*997

Huebner Creek

Approximately 220 feet upstream of Ingram Road

*763

*765

Bexar County (Uninc. Areas), City of San Antonio, City of Leon Valley.

At Huebner Road

*843

*841

Approximately 320 feet upstream of DeZavala Road

None

*966

Huesta Creek

At confluence with Leon Creek

*911

*915

Bexar County (Uninc. Areas), City of San Antonio.

Approximately 2,050 feet upstream of Charles W. Anderson Drive

*1,013

*1,006

Leon Creek

At U.S. Highway 90

*696

*693

Bexar County (Uninc. Areas), City of San Antonio.

At U.S. Route 161

*733

*736

Approximately 2,450 feet downstream of Route 16

*824

*824

Approximately 1,100 feet upstream of Charles W. Anderson Drive

*991

*993

Leon Creek Overflow

Approximately 1,125 feet downstream of West Prue Road

*888

*888

Bexar County (Uninc. Areas), City of San Antonio.

At Babcock Road

*920

*918

Approximately 60 feet downstream of West Hausman Road

*953

*953

Maverick Creek (Babcock Tributary)

At confluence with Leon Creek

*913

*916

Bexar County (Uninc. Areas), City of San Antonio.

At Seco Creek Street

*1,010

*1,014

Approximately 1,750 feet upstream of Babcock Road

None

*1,137

Tributary B to Culebra Creek

At confluence with Culebra Creek

None

*920

Bexar County (Uninc. Areas).

Approximately 50 feet downstream of Galm Road

None

*950

ADDRESSES

Bexar County (Unincorporated Areas)

Maps are available for inspection at the Bexar County Public Works Department, 233 N. Pecos, Suite 420, San Antonio, Texas.

Send comments to The Honorable Cyndi Taylor Krier, Bexar County Judge, 100 Dolorosa, Suite 101, San Antonio, Texas 78205

City of Leon Valley

Maps are available for inspection at the Leon Valley City Hall, 6400 El Verde Road, San Antonio, Texas.

Send comments to The Honorable Marcy Meffert, Mayor, City of Leon Valley, 6400 El Verde Road, San Antonio, Texas 78328.

City of San Antonio

Maps are available for inspection at Municipal Plaza, 114 W. Commerce, Seventh Floor, San Antonio, Texas.

Send comments to The Honorable Howard W. Peak, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, Texas 78283-3996.

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

Dated: June 18, 2001.

Robert F. Shea,

Acting Administrator, Federal Insurance Administration and Mitigation.

[FR Doc. 01-15926 Filed 6-25-01; 8:45 am]

BILLING CODE 6718-04-M