Proposed Flood Elevation Determinations

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-P-7627]

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:

Mary Jean Pajak, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-2831.

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 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.

§ 67.4

[Amended]

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) (NAVD)

Existing

Modified

AR

Cherokee Village (City) (Sharp and Fulton Counties)

Big Otter Creek

At confluence with South Fork Spring River

None

*386

Approximately 0.25 miles downstream of the primary Spillway of Lake Thunderbird

None

*393

Big Otter Creek Tributary

Approximately 74.0 feet upstream of confluence with Big Otter Creek

None

*485

Approximately 400 feet downstream of the dam at Lake Navajo

None

*561

Little Otter Creek

Approximately 0.8 miles upstream of the primary spillway of Lake Sequoyah

None

*484

Approximately 600 feet upstream of Lakeshore Drive

None

*493

Short Draft Branch

Approximately 1.7 miles upstream of South Fork Spring River

None

*509

Approximately 0.1 mile downstream of the primary spillway of Lake Chanute

None

*516

AR

Cherokee Village (City) (Sharp and Fulton Counties)

South Fork Spring River

Just downstream of Griffin Road

None

*371

Approximately 5700 feet upstream of Cherokee Road

None

*410

Maps are available for inspection at the Community Map Repository, City of Cherokee Village, 2 Santee Drive, Cherokee Village, Arkansas.

Send comments to The Honorable Ray Maynard, Mayor, City of Cherokee Village, 2 Santee Drive, Cherokee Village, Arkansas 72529.

State

City/town/county

Source of flooding

Location

Elevation in feet.

(NAVD)

Existing

Modified

MO

Northmoor (City) (Platte County)

Line Creek

Approximately 250 feet upstream of U.S. Highway 69

*766

*767

At upstream corporate limits (approximately 225 feet downstream of Interstate 29)

*769

*770

Maps are available for inspection at City Hall, City of Northmoor, 4907 NW Waukomis Drive, Northmoor, Missouri.

Send comments to The Honorable Harlan Shaver, Jr., Mayor, City of Northmoor, 4907 NW Waukomis Drive, Northmoor, Missouri 64151.

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

Dated: April 23, 2003.

Anthony S. Lowe,

Mitigation Division Director, Emergency Preparedness and Response Directorate.

[FR Doc. 03-10485 Filed 4-28-03; 8:45 am]

BILLING CODE 6718-04-P