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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
CFR Citation: 44 CFR Part 67
Docket ID: [Docket No. FEMA-B-7437]
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
The Federal Emergency Management Agency 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 Mitigation Division Director of the Emergency Preparedness and Response Directorate 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:
Elevation in feet
Location of referenced *(NGVD)
Flooding source(s) elevation Communities affected
Effective Modified
CALIFORNIA
Merced County, and Incorporated Areas.
Bear Creek.......................... At McKee Road.......... *183 *183 Merced County (Uninc.
Areas).
Just upstream of Bear None *225 Creek Drive.
Black Rascal Diversion Channel...... At confluence with Bear None *199 Merced County (Uninc.
Creek. Areas).
Approximately 3,700 None *202 feet upstream East
Olive Avenue.
Local Ponding....................... Northeast of the None *200 Merced County (Uninc.
intersection of East Areas), City of
Childs Avenue and Merced. Fairfield Canal.
Northeast of the None *200 intersection of
Mission Avenue and
South Arboleda Drive.
Local Ponding....................... Northeast of the None *196 Merced County (Uninc.
intersection of East Areas), City of
Childs Avenue and Merced. Tower Road.
Southeast of the None *196 intersection of Le
Grand Road and US
Highway 99.
[[Page 39047]]
Northeast of the None *196 intersection of
Gerarad Avenue and the Fairfield Canal.
Local Ponding....................... Northeast of the None *193 Merced County (Uninc.
intersection of Areas).
Mission Avenue and the Fairfield Canal.
Local Ponding....................... Northeast of the None *191 City of Merced.
intersection of East Childs Avenue and
Kirby Road.
Local Ponding....................... Northwest of the None *190 Merced County (Uninc.
intersection of State Areas), City of
Highway 140 and Easy Merced. Street.
Local Ponding....................... Southeast of the None *189 Merced County (Uninc.
intersection of US Areas). Highway 99 and
Mariposa Way.
Local Ponding....................... Northeast and Southeast None *186 Merced County (Uninc.
of the Intersection of Areas), City of
East Childs Avenue and Merced. the Hartley Bradley
Lateral.
Local Ponding....................... Southeast of the None *183 Merced County (Uninc.
intersection of US Areas).
Highway 99 and Vassar Avenue.
Local Ponding....................... Southeast of the None *179 Merced County (Uninc.
intersection of US Areas).
Highway 99 and Mission Avenue.
Northeast of the None *179
intersection of Sandy
Mush Road and Givens Lustre Road.
Local Ponding....................... Northeast and Southeast None *185 Merced County (Uninc.
of the intersection of Areas). US Highway 99 and
McHenry Road.
Local Ponding....................... Southeast of the None *176 City of Merced.
intersection of East Childs Avenue and
Carol Avenue.
Local Ponding....................... Northeast of the None *165 Merced County (Uninc.
intersection of Areas). Mission Avenue and
Tyler Road.
Local Ponding....................... Northeast of the None *164 Merced County (Uninc.
intersection of Healy Areas).
Road and Deadman Creek.
Local Ponding....................... Northeast of the None *151 Merced County (Uninc.
intersection of State Areas). Highway 59 and Duck
Slough.
Local Ponding....................... Northeast of the None *237 Merced County (Uninc.
intersection of Areas). Mariposa Way and
Burchell Avenue.
Local Ponding....................... Northeast of the None *226 Merced County (Uninc.
intersection of Gerard Areas).
Avenue and Plainsburg Avenue.
Local Ponding....................... Southeast of the None *222 Merced County (Uninc.
intersection of Kadota Areas).
Avenue and Plainsburg Road.
Shallow Flooding.................... From the intersection None
From the AT & SF None
Shallow Flooding.................... From the AT & SF None
Shallow Flooding.................... Northeast of the None
Slough.
ADDRESSES
Merced County (Unincorporated Areas)
Maps are available for inspection at Merced County Department of Public Works, 715 Martin Luther King Jr. Way, Merced, CA 95340.
Send comments to The Honorable Joe Rivero, Chairman, Merced County Board of Supervisors, 2222 M Street, Merced, CA 95340.
City of Merced
Maps are available for inspection at City Hall, 678 West 18th Street, Merced, CA 95340.
(Catalog of Federal Domestic Assistance No. 83.100, ``Flood Insurance'')
Dated: June 24, 2003.
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response Directorate.
[FR Doc. 0316541 Filed 63003; 8:45 am]
BILLING CODE 671804P
FOR FURTHER INFORMATION CONTACT Mary Jean Pajak, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646 2831.
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