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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

CFR Citation: 44 CFR Part 67

Docket ID: [Docket No. FEMA-P-7661]

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: Missouri,

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.

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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 record keeping 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:
[sdiam]Elevation in feet Source of flooding and location of referenced (NAVD) elevation Communities affected Existing Modified Alexander Creek:

Approximately 8,025 feet upstream of Ward None [sdiam]942 Cass County (Unincorporated Areas), Road. City of Raymore.

Approximately 5,600 feet upstream of None [sdiam]1,00 Prairie Road. 4 East Branch South Grand River:

Approximately 9,900 feet upstream of None [sdiam]886 Cass County (Unincorporated Areas) confluence of Wolf Creek. City of Peculiar.

Approximately 510 feet upstream of Kendall None [sdiam]954 Road.

East Branch of West Fork East Creek:

At confluence with West Fork East Creek... None [sdiam]974 Cass County (Unincorporated Areas) City of Belton.

Approximately 3,050 feet upstream of None [sdiam]990 confluence with West Fork East Creek.

East Creek Tributary:

Approximately 990 feet downstream of None [sdiam]918 Cass County (Unincorporated Areas) Pickering Road. City of Raymore.

Approximately 10,000 feet upstream of None [sdiam]1,00 confluence of North Fork East Creek 0 Tributary.
East Fork of East Tributary of East Branch

South Grand River:

At confluence with East Tributary of East None [sdiam]937 Cass County (Unincorporated Areas). Branch South Grand River.

Approximately 3,250 feet upstream of 200th None [sdiam]1,00 Street. 7 East Tributary of East Branch South Grand

River:

At confluence with East Branch South Grand None [sdiam]889 Cass County (Unincorporated Areas). River.

Approximately 2,920 feet upstream of None [sdiam]993 Prairie Road.

East Tributary of Lumpkins Fork:

Approximately 4,770 feet downstream of None [sdiam]954 City of Raymore. North Madison Street.

Approximately 40 feet upstream of 155th None [sdiam]999 Street.

East Tributary of Massey Creek:

Approximately 3,225 feet downstream of None [sdiam]944 Cass County (Unincorporated Areas). Missouri Highway D.

Approximately 85 feet upstream of Cedar None [sdiam]997 Road.

Lower East Fork of East Creek Tributary:

At confluence with East Creek Tributary... None [sdiam]931 Cass County (Unincorporated Areas) City of Raymore.

Approximately 12,800 feet upstream of U.S. None [sdiam]987 Highway 71.

Lower East Tributary of Mill Creek:

At confluence with Mill Creek............. None [sdiam]885 Cass County (Unincorporated Areas).

Approximately 8,120 feet upstream of None [sdiam]937 Confluence with Mill Creek.

Lumpkins Fork:

At 155th Street........................... None [sdiam]945 Cass County (Unincorporated Areas).

Approximately 70 feet upstream of North None [sdiam]979 ...................................... Madison Street.

Massey Creek:

Approximately 5,070 feet downstream of None [sdiam]904 Cass County (Unincorporated Areas). 223rd Street.

At State Line Road........................ None [sdiam]969 ...................................... Middle East Tributary of Mill Creek:

Approximately 3,950 feet upstream of None [sdiam]912 Cass County (Unincorporated Areas). confluence with Mill Creek.

Approximately 6,320 feet upstream of None [sdiam]940 ...................................... confluence with Mill Creek.

Mill Creek:

At County Boundary........................ None [sdiam]871 Cass County (Unincorporated Areas).

Approximately 95 feet downstream of 187th None [sdiam]1,04 ...................................... Street. 5 North Branch of Upper East Fork of East Creek
Tributary:

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Approximately 1,700 feet downstream of None [sdiam]976 Cass County (Unincorporated Areas). Hubach Hill Road.

Approximately 25 feet upstream of Hubach None [sdiam]986 ...................................... Hill Road.

North Fork of East Creek Tributary:

At confluence with East Creek Tributary... None [sdiam]953 Cass County (Unincorporated Areas).

Approximately 11,000 feet upstream of None [sdiam]990 ...................................... confluence with East Creek Tributary.

North Tributary of Wolf Creek:

Approximately 410 feet downstream of East None [sdiam]927 Cass County (Unincorporated Areas) 233rd Street. City of Peculiar.

Approximately 40 feet upstream of 227th None [sdiam]954 ...................................... Street.

Poney Creek:

Approximately 4,925 feet downstream of None [sdiam]831 Cass County (Unincorporated Areas) Bennett Road. City of Freeman.

Approximately 7,550 feet upstream of Poney None [sdiam]849 ...................................... Creek Road.

Silver Lake............................... None [sdiam]1,02 City of Raymore. 9 South Grand River:

Approximately 5,160 feet downstream of None [sdiam]829 Cass County (Unincorporated Areas). State Highway 2.

Approximately 765 feet upstream of Lake None [sdiam]850 ...................................... Annette Road.

Tributary of Alexander Creek:

Approximately 1,500 feet downstream of None [sdiam]988 Cass County (Unincorporated Areas) State Highway 58. City of Raymore.

Approximately 85 feet upstream of State None [sdiam]996 ...................................... Highway 58.

Upper East Fork of East Creek Tributary:

Approximately 2,685 feet downstream of None [sdiam]947 Cass County (Unincorporated Areas), Good Ranch Road. City of Raymore.

Approximately 50 feet upstream of Hubach None [sdiam]993 Hill Road.

Upper East Tributary of Mill Creek:

At Highland Ridge Drive................... None [sdiam]933 Cass County (Unincorporated Areas).

Approximately 5,800 feet upstream of None [sdiam]988 Highland Ridge Drive.
West Tributary of East Branch South Grand

River:

Approximately 2,095 feet downstream of None [sdiam]896 Cass County (Unincorporated Areas). East 223rd Street.

Approximately 75 feet upstream of East None [sdiam]915 223rd Street.

West Tributary of Lumpkins Fork:

At 155th Street........................... None [sdiam]946 Cass County (Unincorporated Areas).

Approximately 1,065 feet upstream of 155th None [sdiam]998 Street.

Wolf Creek:

Approximately 7,100 feet upstream of None [sdiam]889 Cass County (Unincorporated Areas) confluence with East Branch South Grand City of Peculiar. River.

Approximately 1,170 feet upstream of 233rd None [sdiam]946 Street.
Addresses
Cass County (Unincorporated Areas)
Maps are available for inspection at 102 East Wall Street, Harrisonville, Missouri. Send comments to The Honorable Gary Mallory, Commissioner, Cass County, 102 East Wall Street, Harrisonville, Missouri 64701.
City of Belton
Maps are available for inspection at City Hall, 506 Main Street, Belton, Missouri. Send comments to The Honorable Robert Gregory, Mayor, City of Belton, 506 Main Street, Belton, Missouri 64012. City of Freeman
Maps are available for inspection at City Hall, 105 East Main Street, Freeman, Missouri. Send comments to The Honorable Thomas Bray, Mayor, City of Freeman, 105 East Main Street, Freeman, Missouri 64725.
City of Peculiar
Maps are available for inspection at City Hall, 600 Schug Avenue, Peculiar, Missouri. Send comments to The Honorable George Lewis, Mayor, City of Peculiar, 600 Schug Avenue, P.O. Box 372, Peculiar, Missouri 64078.
City of Raymore
Maps are available for inspection at City Hall, 100 Municipal Circle, Raymore, Missouri. Send comments to The Honorable Juan Alonzo, Mayor, City of Raymore, 100 Municipal Circle, Raymore, Missouri 64083.
Osage River:

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Approximately 28,150 feet downstream of [sdiam]544 [sdiam]543 Osage County (Unincorporated Areas). U.S. Highway 50.

Approximately 131,850 feet upstream of None [sdiam]557 U.S. Highway 50.
Maps are available for inspection at Osage County Courthouse, 106 East Main Street, Linn, Missouri. Send comments to Mr. Bradley J. Strope, Floodplain Administrator, P.O. Box 1011, Linn, Missouri 65051. (Catalog of Federal Domestic Assistance No. 83.100, ``Flood Insurance'')

Dated: October 6, 2004.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and Response Directorate.
[FR Doc. 0423307 Filed 101804; 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.