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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

CFR Citation: 44 CFR Part 67

Docket ID: [Docket No. FEMA-B-7441]

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 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 *(NGVD) Elevation in Flooding source(s) Location of referenced feet [sbull](NVAD) Communities affected elevation Effective Modified Sioux County, and Incorporated Areas Cannonball River.................... Approximately 4,300 feet None [sbull]1, Standing Rock Indian downstream of Rice Street. 658 Reservation, ND and City of Solen Approximately 7,700 feet None [sbull]1, ...................... upstream of Rice Street. 668 [[Page 63746]]
Grand River (at Bullhead)........... Approximately 4,000 feet None [sbull]1, Standing Rock Indian downstream of confluence of 759 Reservation, SD Rock Creek.
Approximately 4,600 feet None [sbull]1, ...................... upstream of confluence of 774 Stink Creek.
Grand River (at Little Eagle)....... Approximately 3.4 miles None [sbull]1, Standing Rock Indian downstream of the State 638 Reservation, SD Route 63.
Approximately 2,000 feet None [sbull]1, ...................... upstream of Old Irrigation 651 Dam.
Oak Creek........................... Approximately 7,500 feet None [sbull]1, Standing Rock Indian downstream of Sewage 622 Reservation, SD Lagoons.
Approximately 2,900 feet None [sbull]1, ...................... upstream of Old Irrigation 646 Dam.
Rock Creek.......................... At confluence with Grand None [sbull]1, Standing Rock Indian River (at Bullhead). 761 Reservation, SD Approximately 7,500 feet None [sbull]1, ...................... upstream of Bullhead Road. 793 Depth in feet above ground
* National Geodetic Datum
[sbull] National American Vertical Datum
Addresses:
Standing Rock Indian Reservation, ND & SD:
Maps are available for inspection at the Department of Tribal Land Management, South River Road, Fort Yates, North Dakota 58538.
Send comments to the Honorable Charles Murphy, Chairman, Standing Rock Sioux Tribe, P.O. Box D, Fort Yates, North Dakota 58538.
City of Solen:
Maps are available for inspection at the Engineering Department, 306 Leach Street, Solen, North Dakota 58570. Send comments to the Honorable Larry Froelich, Mayor, City of Solen, P.O. Box 117, Solen, North Dakota 58570. Depth in feet above ground. * Elevation in feet. State City/town/county Source of flooding Location (NGVD) Existing Modified South Dakota......... Hill (City), Spring Creek....... Approximately 1.2 miles None * 4,934 Pennington County. upstream of U.S. Highway 16/385. Approximately 1.3 miles * 4,937 * 4,937 upstream of U.S. Highway 16/385. Depth in feet above ground
* Elevation in feet
Maps are available for inspection at City Hall, 324 Main Street, Hill City, South Dakota 57745. Send comments to The Honorable Peter J. Stach, Mayor, City of Hill City, P.O. Box 395, Hill city, South Dakota 57745.
South Dakota......... Pennington County... Spring Creek At Calumet Road......... None * 4,640 (downstream of corporate limit of City of Hill City). Approximately 1.2 miles None * 4,934 upstream of U.S. Highway 16/385. Spring Creek Approximately 400 feet * 5,010 * 5,014 (upstream of upstream of the corporate limit of Burlington Northern City of Hill City). Railroad. Approximately 1 mile None * 5,309 upstream of U.S. Highway 16/385. Depth in feet above ground
* Elevation in feet
Maps are available for inspection at the County Courthouse, 315 Saint Joseph Street, Rapid City, South Dakota 57701.
Send comments to The Honorable Kenneth Davis, Chairperson, Pennington County Board of Commissioners, 315 Saint Joseph Street, Rapid City, South Dakota 57701.
[[Page 63747]]
(Catalog of Federal Domestic Assistance No. 83.100, ``Flood Insurance.'')

Dated: November 4, 2003.
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response Directorate.
[FR Doc. 0328168 Filed 11703; 8:45 am]
BILLING CODE 911012P

FOR FURTHER INFORMATION CONTACT Doug Bellomo, P.E. Hazard Identification Section, Emergency Preparedness and Response Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 6462903.