# Proposed Flood Elevation Determinations > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A02-6573 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** March 19, 2002 - **Citation:** 67 FR 12495 ## Text FEDERAL EMERGENCY MANAGEMENT AGENCY 44 CFR Part 67 [Docket No. FEMA-B-7425] 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, Federal Insurance and Mitigation Administration, 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 and Mitigation Administration 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: State City/town/county Source of flooding Location #Depth in feet above ground. *Elevation in feet. (NGVD) Existing Modified Washington City of Anacortes, Skagit County Burrows Bay Along shoreline to Fidalgo Head including Burrows Pass None *7 Guemes Channel Along shoreline from Shannon Point to Fidalgo Bay None *9 Fidalgo Bay Along shoreline to Guemes Channel None *7 Rosario Strait Along shoreline from Fidalgo Head to Shannon Point None *9 Depth in feet above ground Maps are available for inspection at City Hall, 904 6th Street, Anacortes, Washington. Send comments to The Honorable Dean Maxwell, Mayor, City of Anacortes, P.O. Box 547, Anacortes, Washington 98221. Wyoming Town of Dubois, Freemont Wind River Approximately 3,380 feet upstream of State Highway 26 None +6,882 Approximately 450 feet upstream of Soda Springs Drive None +6,983 Horse Creek At confluence with Wind River None +6,912 Approximately 1,950 feet upstream of Clendenning Street None +6,953 Depth in feet above ground Maps are available for inspection at Town Hall, 712 Meckem Street, Dubois, Wyoming. Send comments to The Honorable Bob Baker, Mayor, Town of Dubois, Town Hall, P.O. Box 555, Dubois, Wyoming 82513 Freemont County Wind River Approximately 2,400 feet upstream of State Highway 26 None +6,878 Approximately 2,200 feet upstream of Soda Springs Drive None +6,993 Horse Creek Approximately 2,000 feet upstream of Clendenning Street None +6,954 Approximately 1,950 feet upstream of Clendenning Street None +6,955 Depth in feet above ground Maps are available for inspection at the Planning Department, 450 North 2nd Street, Room 360, Lander, Wyoming. Send comments to The Honorable Scott Lander, Chairman, Freemont County Commissioners, 450 North 2nd Street, Lander, Wyoming 82520. Flooding source(s) Location of referenced elevation Elevation in feet (*NGVD) Effective Modified Communities affected KANSAS Sedgwick County, Kansas and Incoporated Areas Middle Fork Chisholm Creek Approximately 100 feet downstream of Oliver Street None *1,363 City of Kechi. Just upstream of Kechi Road None *1,372 # Depth in feet above ground ADDRESSES City of Kechi: Maps are available for inspection at 200 West Kechi Road, Kechi, Kansas. Send comments to The Honorable Ed Parker, Mayor, City of Kechi, 200 West Kechi Road, Kechi, Kansas. Arkansas River Approximately 4,400 feet upstream of Washington Street None *1,252 City of Derby. Cowskin Creek Approximately 3,500 feet downstream of State Highway 42 None *1,297 City of Wichita. Approximately 800 feet downstream of State Highway 42 None *1,300 Approximately 3,400 feet downstream Kansas Southwest Railroad None *1,279 Sedgewick County. Just downstream of 21st Street None *1,345 Approximately 1,550 feet downstream of 53rd Street *1,370 *1,370 Approximately 1,500 feet downstream of 53rd Street *1,370 *1,370 City of Colwich. Dry Creek North (of Cowskin Creek) Approximately 300 feet upstream of 21st Street None *1,346 Sedgewick County. Just downstream of 167th Street None *1,386 Dry Creek South (of Cowskin Creek) Approximately 3,500 downstream of Ridge Road None *1,292 Sedgewick County. Just downstream of 103rd Street None *1,316 Little Arkansas River Just downstream of 5th Street None *1,339 Sedgewick County. Just downstream of 125th Street *1,374 *1,372 Middle Fork Chisholm Creek Approximately 450 feet downstream of State Highway 254 None *1,360 Sedgewick County. Approximately 100 feet upstream of Oliver Street None *1,367 Spring Creek Approximately 2,850 feet downstream of Atchinson, Topeka, and Santa Fe Railroad *1,242 *1,241 Sedgewick County. Approximately 350 feet upstream of Woodlawn Boulevard *1,258 *1,258 Spring Creek Approximately 1,550 feet upstream of Rock Road None *1,270 Sedgewick County. Just downstream of 63rd Street None *1,304 # Depth in feet above ground ADDRESSES: Sedgwick County and Unincorporated Areas: Maps are available for inspection at 1250 South Seneca, Wichita, Kansas. Send comments to The Honorable Ben Sciortino, Chairman, Board of Commissioners, 525 North Main, Suite 320, Wichita, Kansas 67203. City of Derby: Maps are available for inspection at 611 Mulberry Road, Derby, Kansas. Send comments to The Honorable Richard Standrich, Mayor, City of Derby, 611 North Mulberry Road, Derby, Kansas 67037. City of Colwich: Maps are available for inspection at P.O. Box 158, Colwich, Kansas. Send comments to The Honorable Lavina Keiter, Mayor, City of Colwich, 310 South Second Street, Colwich, Kansas 67030. City of Wichita: Maps are available for inspection 455 North Main Street, 8th Floor, Wichita, Kansas. Send comments to The Honorable Bob Knight, Mayor, City of Wichita, 455 North Main Street, 13th Floor, Wichita, Kansas 67202. MISSOURI Gasconade County, Missouri and Incorporated Areas Frene Creek At the confluence with the Missouri River None *518 City of Hermann. Approximately 3,400 feet upstream of High School Driveway None *530 Approximately 2,100 feet upstream of High School Driveway None *527 Gasconade County. Approximately 3,500 feet upstream of High School Driveway None *531 # Depth in feet above ground ADDRESSES: Gasconade County and Unincorporated Areas: Maps are available for inspection at City Hall, 207 Schiller Street, Hermann, Missouri. Send comments to The Honorable Doris Binkholder, Mayor, City of Hermann, 207 Schiller Street, Hermann, Missouri 65041. City of Hermann: Maps are available for inspection at 119 East First Street, Hermann, Missouri. Send comments to The Honorable Charles Schlottach, Presiding Commissioner, 119 East First Street, Room 2, Hermann, Missouri 65041. OREGON Clatsop County, Oregon and Incorporated Areas Beerman Creek Confluence with Necanicum River None *17 Clatsop County Approximately 5,000 feet upstream of Beerman Creek Road None *115 Neawanna Creek Just downstream of 12th Avenue *12 *12 Clatsop County. Approximately 1,400 feet downstream of Broadway Drive *13 *13 Approximately 1,200 feet South of intersection with U.S. 101 and Old Railroad Grade *16 *17 Necanicum River Approximately 1,100 feet downstream of Avenue U *13 *14 Clatsop County. Just upstream of Howard Johnson Road *34 *35 Approximately 1,600 feet downstream of Big Driveway Road *44 *44 Approximately 4,000 feet upstream of Big Driveway Road *58 *61 Necanicum River Overflow Just upstream of Rippett Road None *31 Clatsop County. Approximately 1,000 feet North of the intersection of Oregon Coast Highway and U.S. 26 None *41 Upper Neawanna Creek Confluence with Neawanna Creek None *15 Clatsop County. Approximately 860 feet upstream of Wahanna Road None *26 Neawanna Creek Just upstream of 12th Avenue *12 *12 City of Seaside. Just upstream of Brodway Drive *12 *14 Approximately 1,500 feet upstream of Avenue S None *16 Necanicum River Just downstream of 12th Avenue *11 *11 City of Seaside. Just downstream of Avenue G *12 *13 Approximately 450 feet downstream U.S. Route 101 *28 *28 Necanicum River Overflow Just downstream of Rippett Road None *31 City of Seaside. # Depth in feet above ground ADDRESSES: Clatsop County and Unincorporated Areas: Maps are available for inspection at City Hall, 749 Commercial Street, Astoria, Oregon. Send comments to The Honorable George Kiepke, Chairman, Clatsop County, Board of Commissioners, City Hall, 749 Commercial Street, Astoria, Oregon 97103. City of Seaside: Maps are available for inspection at the Public Works Building, 1387 Avenue U, Seaside, Oregon. Send comments to The Honorable Rosemary Baker-Monaghan, Mayor, City of Seaside, City Hall, 989 Broadway, Seaside, Oregon 97138. (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”) Dated: March 13, 2002. Robert F. Shea, Acting Administrator, Federal Insurance and Mitigation Administration. [FR Doc. 02-6573 Filed 3-18-02; 8:45 am] BILLING CODE 6718-04-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A02-6573. Public record. Not legal advice.