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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

CFR Citation: 44 CFR Part 67

Docket ID: [Docket No. FEMA-B-7445]

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% annualchance) 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:
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Depth in feet above ground. *Elevation State City/town/county Source of flooding Location in feet. (NGVD) Existing Modified California........................... San Joaquin County...... Stanislaus River......................... Approximately 5 miles downstream of State Highway 99...... None *45 Approximately 3 miles upstream of Santa Fe Railroad....... None *93 *Elevation in feet.
Maps are available for inspection at the Department of Public Works, 1810 East Hazelnut Avenue, Stockton, California 95202. Send comments to The Honorable Leroy Ornellas, Chairman, San Joaquin County Board of Supervisors, 222 East Weber Avenue, Room 701, Stockton, California 85202. California........................... Ripon (City), San Stanislaus River......................... Approximately 3.3 miles downstream of State Highway 99.... None *48 Joaquin County.
Approximately 1.3 miles upstream of State Highway 99...... None *57 *Elevation in feet.
Maps are available for inspection at City Hall, 259 North Wilma Avenue, Ripon, California 95366. Send comments to The Honorable Tim Hern, Mayor, City of Ripon, 259 North Wilma Avenue, Ripon, California 95366. Elevation in feet *(NGVD) Elevation Flooding source(s) Location of referenced in feet +(NAVD) Communities affected elevation
Effective Modified Burgess Creek.................. At confluence with *6,755 *6,749 Routt County (Uninc. Areas) and Walton Creek. City of Steamboat Springs. Just upstream of None +7,355 Burgess Creek Road.
Elk River (Lower Reach)........ At confluence with None +6,533 Routt County (Uninc. Areas). Yampa River.
Approximately 1.5 miles None +6,712 upstream of County
Road 44.
Walton Creek................... At confluence with *6,754 +6,759 Routt County (Uninc. Areas) and Yampa River. City of Steamboat Springs. Approximately 850 feet None +6,827 upstream of County
Road 24.
Walton Creek Side Channel...... Approximately 500 feet None +6,810 Routt county (Uninc. Areas). downstream of County
Road 24.
At divergence from None +6,825 Walnut Creek main
channel.
Yampa River Bypass (near At confluence with *6,811 +6,816 Routt County (Uninc. Areas). Steamboat Springs). Yampa River.
Approximately 700 feet *6,848 +6,853 downstream of
divergence from Yampa
River.
Yampa River near Hayden........ Approximately 2,600 None +6,314 Routt County (Uninc. Areas) and feet downstream of Town of Hayden. U.S. Highway 40.
Approximately 1.3 miles None +6,424 upstream of U.S.
Highway 40.
Yampa River Side channel 1..... At confluence with *6,622 +6,626 Routt County (Uninc. Areas) and Yampa River main City of Steamboat Springs. channel.
At divergence from *6,636 +6,635 Yampa River main
channel.
Yampa River Side Channel 2..... At confluence with *6,710 +6,716 City of Steamboat Springs. Yampa River main
channel.
At divergence from *6,717 +6,724 Yampa River main
channel.
Yampa River split Flow at At confluence with *6,825 +6,830 Routt County (Uninc. Areas) Highway 131 (near Steamboat Yampa River. *6,838 +6,843 Springs). At divergence from
Yampa river.
Yampa River near Steamboat Approximately 1.5 miles None +6,483 Routt County (Uninc. Areas) and Springs. downstream of County City of Steamboat Springs. Road 179.
Approximately 1.5 miles *6,861 +6,865 upstream of State
Highway 131.
* National Geodetic Vertical Datum (to convert to NAVD, add 4.2 feet to NGVD elevation). + North American Vertical Datum.
Addresses Routt County (Unincorporated Areas) Maps are available for inspection at the Routt County Courthouse, 136 6th Street, Steamboat Springs, Colorado 80477.
Send comments to the Honorable Douglas B. Monger, Chairman, Routt County Board of Commissioners, P.O. Box 773598, Steamboat Springs, Colorado 80477.
[[Page 17383]]
City of Steamboat Springs Maps are available for inspection at City Hall, 124 Tenth Street, Steamboat Springs, Colorado 80477. Send comments to the Honorable Paul Strong, Council President, City of Steamboat Springs, P.O. Box 775088. Town of Hayden Maps are available for inspection at the Town Hall, 178 West Jefferson, Hayden, Colorado 81639. Send comments to the Honorable Chuck Grobe, Mayor, Town of Hayden, P.O. Box 190, Hayden, Colorado 81639. (Catalog of Federal Domestic Assistance No. 83.100, ``Flood Insurance.'')

Dated: March 24, 2004.
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response Directorate.
[FR Doc. 047441 Filed 4104; 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.