Federal Register: February 21, 2006 (Volume 71, Number 34)
DOCID: FR Doc E6-2415
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
CFR Citation: 44 CFR Part 67
Docket ID: [Docket No. FEMA-P-7911]
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:
Kansas and 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 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 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 13132, Federalism. This rule involves no policies that have federalism implications under Executive Order 13132.
Executive Order 12988, Civil Justice Reform. This rule meets the applicable standards of Executive Order 12988.
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:
[ssdiam]Elevation in
Source of flooding and feet (NAVD)
location of referenced Communities affected
elevation Existing Modified
Armour Branch Gypsum Creek:
At confluence with [ssdiam]1 [ssdiam]1 City of Eastborough, Gypsum Creek. ,321 ,322 City of Wichita.
Approximately 1,120 feet None [ssdiam]1 .................... upstream of Rockwood ,368
Road.
Big Slough South:
Approximately 500 feet [ssdiam]1 [ssdiam]1 City of Wichita, upstream of confluence ,257 ,258 Sedgwick County, with Arkansas River. (Unincorporated Areas).
Approximately 2,830 feet [ssdiam]1 [ssdiam]1 .................... upstream of South ,288 ,286
Meridian Avenue.
Calfskin Creek:
At confluence with [ssdiam]1 [ssdiam]1 .................... Cowskin Creek. ,314 ,316
Approximately 5,070 feet [ssdiam]1 [ssdiam]1 .................... upstream of South 119th ,322 ,324
Street West.
Cowskin Creek:
At confluence with None [ssdiam]1 City of Colwich, Wichita Valley Center ,279 City of Maize, City Floodway. of Wichita, Sedgwick County, (Unincorporated Areas).
Approximately 4,000 feet [ssdiam]1 [ssdiam]1 .................... downstream of State ,369 ,368
Highway 296.
[[Page 8814]]
Dry Creek of Gypsum Creek:
At confluence with [ssdiam]1 [ssdiam]1 City of Wichita. Gypsum Creek. ,291 ,290
Approximately 150 feet [ssdiam]1 [ssdiam]1 .................... upstream of the ,291 ,290
confluence with Gypsum
Creek.
Dry Creek North of Cowskin
Creek:
At confluence with None [ssdiam]1 Sedgwick County, Cowskin Creek. ,347 (Unincorporated Areas).
At West 167th Street None [ssdiam]1 .................... North. ,386
Dry Creek South of Cowskin
Creek:
At confluence with None [ssdiam]1 Sedgwick County, Cowskin Creek. ,292 (Unincorporated Areas).
At South Maize Road..... None [ssdiam]1 .................... ,317
Dry Creek of Spring Creek:
Just downstream of East [ssdiam]1 [ssdiam]1 City of Derby, Madison Avenue. ,267 ,266 Sedgwick County, (Unincorporated Areas).
Approximately 50 feet None [ssdiam]1 .................... upstream of East 55th ,331
Street South.
East Branch Gypsum Creek:
At confluence with [ssdiam]1 [ssdiam]1 City of Wichita. Gypsum Creek. ,336 ,334
Approximately 100 feet None [ssdiam]1 .................... upstream of East ,343
Central Parkway.
East Branch Gypsum Creek
(Splitflow):
At convergence with East [ssdiam]1 [ssdiam]1 .................... Branch Gypsum Creek. ,341 ,340
At divergence from East [ssdiam]1 [ssdiam]1 .................... Branch Gypsum Creek. ,343 ,342
East Fork Chisholm Creek:
At confluence with [ssdiam]1 [ssdiam]1 .................... Wichita Drainage Canal. ,305 ,306
At Interstate Highway [ssdiam]1 [ssdiam]1 .................... 135 Access Road. ,305 ,306
Fabrique Branch Gypsum
Creek:
At confluence with [ssdiam]1 [ssdiam]1 .................... Gypsum Creek. ,315 ,317
Approximately 150 feet None [ssdiam]1 .................... upstream of Pedestrian ,325
Bridge/East Zimmerly
Avenue.
Frisco Ditch:
Approximately 140 feet [ssdiam]1 [ssdiam]1 .................... upstream of Interstate ,299 ,300
Highway 135.
Approximately 600 feet None [ssdiam]1 .................... upstream of Northeast ,366
Cemetery Road.
Gypsum Creek:
At confluence with [ssdiam]1 [ssdiam]1 City of Wichita, Wichita Drainage Canal. ,279 ,278 Sedgwick County, (Unincorporated Areas).
At confluence of Middle [ssdiam]1 [ssdiam]1 .................... and West Branches of ,340 ,338
Gypsum Creek.
Little Arkansas River (Upper
Reach):
Approximately 2,400 feet None [ssdiam]1 Sedgwick County, downstream of Wichita ,340 (Unincorporated Valley Center Floodway Areas). Control Structure.
At County Boundary...... [ssdiam]1 [ssdiam]1 .................... ,375 ,372
Middle Branch Gypsum Creek:
At confluence with [ssdiam]1 [ssdiam]1 City of Wichita. Gypsum Creek. ,340 ,339
Approximately 2,400 feet [ssdiam]1 [ssdiam]1 .................... upstream of East ,351 ,352
Tipperary Street.
Middle Fork Calfskin Creek:
Approximately 70 feet [ssdiam]1 [ssdiam]1 .................... upstream of the ,324 ,325
confluence with North
Fork Calfskin Creek.
Approximately 3,375 feet None [ssdiam]1 .................... upstream of confluence ,340
with North Fork
Calfskin Creek.
North Fork Calfskin Creek:
At confluence with [ssdiam]1 [ssdiam]1 City of Wichita, Calfskin Creek. ,320 ,322 Sedgwick County, (Unincorporated Areas).
Approximately 4,350 feet None [ssdiam]1 .................... upstream of North 135th ,370
Street West.
Rock Road South Tributary
Gypsum Creek:
Approximately 650 feet [ssdiam]1 [ssdiam]1 City of Wichita. upstream of South Rock ,325 ,326
Road.
Approximately 3,730 feet [ssdiam]1 [ssdiam]1 .................... upstream of East Harry ,344 ,347
Street.
Spring Creek:
Approximately 1,700 feet [ssdiam]1 [ssdiam]1 City of Derby, upstream of the ,236 ,237 Sedgwick County, confluence with (Unincorporated Arkansas River. Areas).
Approximately 50 feet None [ssdiam]1 .................... upstream of East 63rd ,309
Street South/South
Greenwich Road.
Tributary to North Fork
Calfskin Creek:
At confluence with North None [ssdiam]1 .................... Fork Calfskin Creek. ,346
Approximately 3,930 feet None [ssdiam]1 .................... upstream of North 151st ,381
Street West.
West Branch Gypsum Creek:
At confluence with [ssdiam]1 [ssdiam]1 City of Wichita. Gypsum Creek. ,340 ,338
Approximately 175 feet None [ssdiam]1 .................... upstream of East ,382
Farmview Lane.
[[Page 8815]]
FOR FURTHER INFORMATION CONTACT
Doug Bellomo, P.E., Hazard Identification Section, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 6462903.