Proposed Flood Elevation Determinations

FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 67

[Docket No. FEMA-7153]

Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Proposed rule.

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SUMMARY: Technical information or comments are requested on the

proposed base (1% annual chance) flood elevations and proposed base

flood elevation modifications for the communities listed below. The

base flood elevations and modified base flood elevations 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 base flood elevations 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: Michael K. Buckley, P.E., Chief,

Hazard Identification Branch, Mitigation Directorate, 500 C Street, SW,

Washington, DC 20472, (202) 646-2756.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency

proposes to make determinations of base flood elevations and modified

base flood elevations 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 base flood and modified base flood elevations,

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 Associate Director, Mitigation Directorate, certifies that this

proposed rule is exempt from the requirements of the Regulatory

Flexibility Act because proposed or modified base flood elevations 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.

Sec. 67.4 [Amended]

2. The tables published under the authority of Sec. 67.4 are

proposed to be amended as follows:

[[Page 46086]]

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#Depth in feet above

ground. *Elevation in

State City/town/county Source of flooding Location feet. (NGVD)

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Existing Modified

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Kansas............. Derby (City), Spring Creek.................... Just upstream of State Highway 15................. *1,251 *1,251

Sedgwick County.

At the confluence of Dry Creek.................... *1,266 *1,265

Just downstream of Rock Road...................... None *1,269

Approximately 4,300 feet upstream of Rock Road, at None *1,275

the City of Derby corporate limits.

Dry Creek....................... Approximately 1,300 feet downstream of Meadowlark *1,283 *1,284

Road.

Just downstream of Meadowlark Road................ *1,287 *1,287

Approximately 4,500 feet downstream of 63rd Street None *1,296

Just downstream of 63rd Street.................... None *1,307

Maps are available for inspection at Derby City Hall, 611 North Mulberry, Derby, Kansas.

Send comments to The Honorable K.O. LaVergne, Mayor, City of Derby, 611 North Mulberry, Derby, Kansas 67037.

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Oklahoma........... Pauls Valley Rush Creek...................... Approximately 2,700 feet downstream of the Gulf, *856 *856

(City), Garvin Colorado and Santa Fe Railroad, at the

County. extraterritorial limits.

At U.S. Highway 77 (Chickasaw Avenue)............. *873 *873

Just downstream of South Paul Street.............. *878 *877

Approximately 500 feet upstream of Interstate *884 *886

Highway 35.

Approximately 1,800 feet upstream of Interstate *885 *887

Highway 35.

Rush Creek (Area North of Levee) On the projection of Leslie Avenue, between Rush *869 *869

Creek and the railroad.

At intersection of Garvin Avenue and Chickasaw *871 *873

Street.

At intersection of Grant Avenue and Pine Street... None *875

At intersection of Agnew Avenue and Pine Street... None *878

Maps are available for inspection at City Hall, City of Pauls Valley, 220 West Paul Avenue, Pauls Valley, Oklahoma.

Send comments to The Honorable Kirk Dunham, Mayor, City of Pauls Valley, P.O. Box 778, Pauls Valley, Oklahoma 73075.

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Oklahoma........... Stillwater (City), Boomer Creek.................... At confluence with Stillwater Creek............... *857 *858

Payne County.

Just upstream of East 19th Avenue (corporate *859 *859

limits).

Approximately 500 feet upstream of East 12th *862 *863

Avenue.

Approximately 950 feet downstream of South Perkins *865 *865

Road.

At confluence of East and West Boomer Creeks...... *870 *866

East Boomer Creek............... At confluence with Boomer Creek................... *870 *866

Approximately 100 feet upstream of Virginia Avenue *876 *872

Approximately 100 feet upstream of Hall of Fame *878 *877

Avenue.

Approximately 300 feet downstream of East McElroy *880 *880

Road.

West Boomer Creek............... At confluence with Boomer Creek................... *870 *866

Approximately 100 feet upstream of Virginia Avenue *876 *876

Approximately 200 feet upstream of South Husband *885 *885

Street.

Approximately 200 feet downstream of Knoblock *893 *892

Street.

Just downstream of Moore Avenue................... *899 *904

Approximately 700 feet upstream of Washington *905 *906

Street.

Approximately 50 feet upstream of Lakeview Road... *913 *915

[[Page 46087]]

Maps are available for inspection at the Public Works Department, City of Stillwater, 723 South Lewis Street, Stillwater, Oklahoma.

Send comments to The Honorable Terry Miller, Mayor, City of Stillwater, City Hall, P.O. Box 1449, Stillwater, Oklahoma 74076.

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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood

Insurance.'')

Dated: August 28, 1995.

Richard T. Moore,

Associate Director for Mitigation.

[FR Doc. 95-21922 Filed 9-1-95; 8:45 am]

BILLING CODE 6718-03-P