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FEDERAL EMERGENCY MANAGEMENT AGENCY

Federal Emergency Management Agency

CFR Citation: 44 CFR Part 67

Docket ID: [Docket No. FEMA-B-7414]

NOTICE: PROPOSED RULES

ACTION: Flood elevation determinations:

DOCUMENT ACTION: Proposed rule.

SUBJECT CATEGORY: Proposed Flood Elevation Determinations

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.

DOCUMENT 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).

SUMMARY: Various States,

SUPPLEMENTAL 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, Sec. 67.4

2. The tables published under the authority of Sec. 67.4 are proposed to be amended as follows:
BILLING CODE 671804P
[[Page 33934]]
Elevation in feet Location of referenced *(NGVD) Flooding source(s) elevation Communities affected Effective Modified Kansas Johnson County and Incorporated Areas Tomahawk Creek...................... Approximately 3,500 *849 *850 City of Leawood, City feet upstream of of Overland Park, City confluence with Indian of Olathe. Creek.
Approximately 1,600 *865 *866 feet downstream of Roe Avenue.
Just downstream of *1,005 *1,007 Pflumm Road.
Approximately 4,800 None *1,034 feet upstream of

Pflumm Road.

Tributary No. 2................. At confluence with None *853 City of Leawood. Tomahawk Creek.
Approximately 1,200 None *859 feet upstream of
Confluence with

Tomahawk Creek.

Tributary No. 3................. At confluence with None *859 City of Leawood. Tomahawk Creek.
Approximately 1,300 None *860 feet upstream of
confluence with

Tomahawk Creek.

Tributary No. 4................. At confluence with None *864 City of Leawood. Tomahawk Creek.
Approximately 1,500 None *866 feet upstream of
confluence with

Tomahawk Creek.

Tributary No. 5................. At confluence with None *872 City of Leawood. Tomahawk Creek.
Approximately 1,200 None *874 feet upstream of
Confluence with

Tomahawk Creek.

Tributary No. 6................. At confluence with None *872 City of Overland Park. Tomahawk Creek.
Approximately 1,850 None *881 feet upstream of
Confluence with

Tomahawk Creek.

Tributary No. 7................. At confluence with None *881 City of Overland Park. Tomahawk Creek.
Just downstream of None *929 Metcalf Avenue.

Tributary No. 8................. At confluence with None *885 City of Overland Park. Tomahawk Creek.
Approximately 1,000 None *888 feet upstream of
Confluence with

Tomahawk Creek.

Tributary No. 9................. At confluence with None *890 City of Overland Park. Tomahawk Creek.
Approximately 1,360 None *900 feet upstream of

Tomahawk Creek.

Tributary No. 10................ At confluence with None *900 City of Overland Park. Tomahawk Creek.
Approximately 1,100 ........... *935 feet upstream of

Foster Street.

Tributary No. 11................ At confluence with None *906 City of Overland Park. Tomahawk Creek.
Approximately 1,380 None *912 ....................... feet upstream of
Confluence with

Tomahawk Creek.

Tributary No. 12................ At confluence with None *912 City of Overland Park. Tomahawk Creek.
Approximately 4,700 None *955 ....................... feet upstream of

Antioch Road.

Tributary No. 12B1.............. At confluence with None *920 City of Overland Park. Tomahawk Creek
Tributary No. 12.
Approximately 2,450 None *938 ....................... feet upstream of
Confluence with

Tomahawk Creek.

Tributary No. 13................ At confluence with None *929 City of Overland Park. Tomahawk Creek.
Approximately 900 feet None *984 ....................... upstream of 148th

Street.

Tributary No. 13B1.............. At confluence with None *935 City of Overland Park. Tomahawk Creek
Tributary No. 13.
Just downstream of None *935 ....................... Antioch Road.

Tributary No. 13E1.............. At confluence with None *964 City of Overland Park. Tomahawk Creek
Tributary No. 13.
Approximately 500 feet None *978 ....................... upstream of Switzer

Road.

Tributary No. 13F1.............. At confluence with None *979 City of Overland Park. Tomahawk Creek
Tributary No. 13.
Approximately 1,100 None *989 ....................... feet upstream of
Confluence with
Tomahawk Creek

Tributary No. 13.

Tributary No. 17................ At confluence with None *977 City of Overland Park. Tomahawk Creek.
Approximately 610 feet None *981 ....................... upstream of Confluence with Tomahawk Creek.

Tributary No. 18................ At confluence with None *989 City of Overland Park. Tomahawk Creek.
Approximately 1,100 None *997 ....................... feet downstream of

143rd Street.

Tributary No. 19................ At confluence with None *1,000 City of Overland Park. Tomahawk Creek.
Approximately 630 feet None *1,003 ....................... upstream of Confluence with Tomahawk Creek.

Tributary No. 20................ At confluence with None *1,011 City of Olathe, City of Tomahawk Creek. Overland Park. [[Page 33935]]
Approximately 300 feet None *1,011 upstream of Confluence with Tomahawk Creek. At confluence with None *1,012 City of Olathe. Tomahawk Creek.

Tributary No. 21................ Approximately 760 feet None *1,014 upstream of Confluence with Tomahawk Creek. 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 660510768. 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 *772 *773 Bexar County (Uninc. Creek. Areas), City of San Antonio. At Culebra Road........ *848 *849 Just downstream of Galm *951 *952 Road.

Culebra Creek Split:

No. 1........................... At confluence with None *796 Bexar County (Uninc. Culebra Creek. Areas), City of San Antonio. Approximately 830 feet None *808 upstream of Tezel Road.

No. 2........................... At confluence with None *810 Bexar County (Uninc. Culebra Creek Areas). (Approximately 200
feet upstream of Tezel Road).
Approximately 3,620 None *827 feet upstream of

Timberwilde.

No. 3........................... At confluence with None *853 Bexar County (Uninc. Culebra Creek Areas), City of San (Approximately 1,530 Antonio. feet downstream of
Charles W. Anderson
Loop).
At Charles W. Anderson None *865 Loop.
French Creek........................ Approximately 1,500 None *806 Bexar County (Uninc. feet upstream of Clyde Areas), City of San Dent. Antonio. Approximately 1,040 None *832 feet downstream of
Mainline Drive.
At Charles W. Anderson *938 *936 Drive.
Approximately 800 feet None *980 upstream of Circle
North Trail.
Helotes Creek (at San Antonio)...... At confluence with *852 *853 Bexar County (Uninc. Culebra Creek. Areas). City of San Antonio. At Leslie Road......... *914 *915 Approximately 320 feet *1,003 *997 upstream of Bandera
Road.
Huebner Creek....................... Approximately 220 feet *763 *765 Bexar County (Uninc. upstream of Ingram Areas), City of San Road. Antonio, City of Leon Valley. At Huebner Road........ *843 *841 Approximately 320 feet None *966 upstream of DeZavala Road.
Huesta Creek........................ At confluence with Leon *911 *915 Bexar County (Uninc. Creek. Areas), City of San Antonio. Approximately 2,050 *1,013 *1,006 feet upstream of
Charles W. Anderson
Drive.
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 *824 *824 feet downstream of
Route 16.
[[Page 33936]]
Approximately 1,100 *991 *993 feet upstream of
Charles W. Anderson
Drive.
Leon Creek Overflow................. Approximately 1,125 *888 *888 Bexar County (Uninc. feet downstream of Areas), City of San West Prue Road. Antonio. At Babcock Road........ *920 *918 Approximately 60 feet *953 *953 downstream of West
Hausman Road.
Maverick Creek (Babcock Tributary).. At confluence with Leon *913 *916 Bexar County (Uninc. Creek. Areas), City of San Antonio. At Seco Creek Street... *1,010 *1,014 Approximately 1,750 None *1,137 feet upstream of
Babcock Road.
Tributary B to Culebra Creek........ At confluence with None *920 Bexar County (Uninc. Culebra Creek. Areas). Approximately 50 feet None *950 downstream of Galm
Road.
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 782833996.
(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. 0115926 Filed 62501; 8:45 am] BILLING CODE 671804M

FOR FURTHER INFORMATION CONTACT Matthew B. Miller, P.E., Chief, Hazards Study Branch, Mitigation Directorate, FEMA, 500 C Street SW., Washington, DC 20472, (202) 6463461, or (email) matt.miller@fema.gov.