[Federal Register: October 19, 2001 (Volume 66, Number 203)]
[Proposed Rules]               
[Page 53190-53191]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19oc01-39]                         

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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 67

[Docket No. FEMA-P-7601]

 
Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Proposed rule.

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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).

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.

ADDRESSES: The proposed BFEs for each community are available for 
inspection at the office of the Chief Executive Officer of each 
community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT: Matthew B. Miller, P.E., Chief, 
Hazards Study Branch, Federal Insurance and Mitigation Administration, 
FEMA, 500 C Street, SW., Washington, DC 20472, (202) 646-3461 or (e-
mail) matt.miller@fema.gov.

SUPPLEMENTARY 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.

[[Page 53191]]

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 Acting Administrator for Federal Insurance and Mitigation 
Administration 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  [Amended]

    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 in
                State                      City/town/county                  Source of flooding                                      Location                             feet.  (NAVD)
                                                                                                                                                                       -------------------------
                                                                                                                                                                          Existing     Modified
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AR...................................  Patterson, City of        Cache River..............................  U.S. Highway 64 Bridge (COE Gage).........................         NONE         *197
                                        Woodruff County.

   Maps are available for inspection at City Hall, 123 South Main, Patterson, Arkansas.

  Send comments to the Honorable Charles Dallas, Mayor, City of Patterson, 123 South Main, Patterson, Arkansas 72123.
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 IA..................................  Council Bluffs, City of   Indian Creek.............................  At approximately 1600 feet downstream of U.S. Highway 275.          976          977
                                        Pottawattamie County.
                                                                                                            At approximately 100 feet downstream of Frank Street......         1026         1023

   Maps are available for inspection at the Building Division, City Hall, 209 Pearl Street, Room 207, Council Bluffs, Iowa.

  Send comments to the Honorable Thomas P. Hanafan, Mayor, City of Council Bluffs, City Hall, 209 Pearl Street, Council Bluffs, Iowa 51503

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Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance''


    Dated: October 3, 2001.
Robert F. Shea,
Acting Administrator, Federal Insurance and Mitigation Administration.
[FR Doc. 01-26428 Filed 10-18-01; 8:45 am]
BILLING CODE 6718-04-P