# Proposed Flood Elevation Determinations > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A01-15926 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** June 26, 2001 - **Citation:** 66 FR 33933 ## Text 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 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A01-15926. Public record. Not legal advice.