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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

CFR Citation: 44 CFR Part 67

Docket ID: [Docket No. FEMA-P-7649]

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

The Federal Emergency Management Agency makes the final determinations listed below for the modified BFEs for each community listed. These modified elevations have been published in newspapers of local circulation and ninety (90) days have elapsed since that publication. The Mitigation Division Director of the Emergency Preparedness and Response Directorate has resolved any appeals resulting from this notification.

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 rule is exempt from the requirements of the Regulatory Flexibility Act because modified base flood elevations are required by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are required to 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:
Depth in feet above ground *Elevation State City/town/county Source of flooding Location in Feet* (NGVD) Existing Modified AR................................... Arkadelphia (City) Clark Mill Creek............................... Approximately 1,820 feet downstream of North Eighth Street *192 *193 County.
........................ ......................................... Approximately 2,800 feet upstream of 26th Street.......... *248 *245 ........................ Maddox Branch............................ Approximately 25 feet downstream of Union Pacific Railroad *None *186 ........................ ......................................... Approximately 425 feet upstream of South 12th Street...... *None *207 Maps are available for inspection at the Town Hall, 700 Clay Street, 121, Arkadelphia, Arkansas. Send comments to Ms. Barbara Coplen, City Manager, City of Arkadelphia, Town Hall, 700 Clay Street, Arkadelphia, Arkansas 71923. LA................................... Jonesville (Town) Black River.............................. Approximately 4,100 feet downstream of U.S. Highway 84.... *None *63 Catahoula Parish.
........................ ......................................... At the confluence of Little River......................... *None *63 ........................ Little River............................. At the confluence with Black River........................ *None *63 ........................ ......................................... Approximately 100 feet upstream of the divergence of *None *63 Airport Canal. Maps are available for inspection at the Town Hall, 400 Third Street, Jonesville, Louisiana. Send comments to The Honorable Mike Wilson, Mayor, Town of Jonesville, Town Hall, 400 Third Street, Jonesville, Louisiana 71343. NE................................... Otoe County Little Nemaha River...................... Approximately 7,450 feet downstream of State Highway 67... *None *970 (Unincorporated Areas). ........................ ......................................... Approximately 7,550 feet upstream of State Highway 67..... *None *982 Maps are available for inspection at the County Courthouse, 1021 Central Avenue, Nebraska City, Nebraska Send comments to Ms. Joy W. Schroder, Chairperson, Otoe County Board of Commissioners, P.O. Box 493, Nebraska City, Nebraska 68410. *National Geodetic Vertical Datum of 1929.
[[Page 40839]]
(Catalog of Federal Domestic Assistance No. 83.100, ``Flood Insurance.'')

Dated: June 29, 2004.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and Response Directorate.
[FR Doc. 0415297 Filed 7604; 8:45 am]
BILLING CODE 911012P

FOR FURTHER INFORMATION CONTACT Doug Bellomo, P.E., Hazard [[Page 40838]]
Identification Section, Emergency Preparedness and Response Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 6462903.