[Federal Register: October 17, 2006 (Volume 71, Number 200)]
[Rules and Regulations]               
[Page 60866-60869]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17oc06-23]                         

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

 
Final Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency (FEMA), Department of 
Homeland Security, Mitigation Division.

ACTION: Final rule

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SUMMARY: Base (1% annual chance) Flood Elevations (BFEs) and modified 
BFEs are made final for the communities listed below. The BFEs and 
modified BFEs are the basis for the floodplain management measures that 
each 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: Effective Dates: The date of issuance of the Flood Insurance 
Rate Map (FIRM) showing BFEs and modified BFEs for each community. This 
date may be obtained by contacting the office where the maps are 
available for inspection as indicated on the table below.

ADDRESSES: The final 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: William R. Blanton, Jr., Engineering 
Management Section, Mitigation Division, 500 C Street, SW., Washington, 
DC 20472, (202) 646-3151.

SUPPLEMENTARY INFORMATION: FEMA 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.
    This final rule is issued in accordance with Section 110 of the 
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR Part 
67.
    The Agency has developed criteria for floodplain management in 
floodprone areas in accordance with 44 CFR Part 60.
    Interested lessees and owners of real property are encouraged to 
review the proof Flood Insurance Study and FIRM

[[Page 60867]]

available at the address cited below for each community.
    The BFEs and modified BFEs are made final in the communities listed 
below. Elevations at selected locations in each community are shown.
    National Environmental Policy Act. This rule is categorically 
excluded from the requirements of 44 CFR Part 10, Environmental 
Consideration. No environmental impact assessment has been prepared.
    Regulatory Flexibility Act. As flood elevation determinations are 
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Regulatory Classification. This final 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.

0
Accordingly, 44 CFR Part 67 is amended as follows:

PART 67--[AMENDED]

0
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.  67.11  [Amended]

0
2. The tables published under the authority of Sec.  67.11 are amended 
as follows:

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                                                                    *Elevation in
                                                                     feet (NGVD)
                                                                    +Elevation in
         Flooding source(s)             Location of referenced       feet (NAVD)         Communities affected
                                              elevation           Depth in
                                                                  feet above ground
                                                                       Modified
----------------------------------------------------------------------------------------------------------------
                                 Sedgwick County, Kansas, and Incorporated Areas
                                            [Docket No.: FEMA-P-7911]
----------------------------------------------------------------------------------------------------------------
Armour Branch Gypsum Creek.........  At confluence with Gypsum               +1,322  City of Eastborough, City
                                      Creek.                                          of Wichita.
                                     Approximately 1,120 feet                +1,368
                                      upstream of Rockwood Road.
Big Slough South...................  Approximately 500 feet                  +1,258  City of Wichita, Sedgwick
                                      upstream of confluence                          County (Unincorporated
                                      with Arkansas River.                            Areas).
                                     Approximately 2,830 feet                +1,286  ...........................
                                      upstream of South Meridian
                                      Avenue.
Calfskin Creek.....................  At confluence with Cowskin              +1,316  City of Wichita, Sedgwick
                                      Creek.                                          County (Unincorporated
                                                                                      Areas).
                                     Approximately 5,070 feet                +1,324
                                      upstream of South 119th
                                      Street West.
Cowskin Creek......................  At confluence with Wichita              +1,279  City of Colwich, City of
                                      Valley Center Floodway.                         Maize, City of Wichita,
                                                                                      Sedgwick County
                                                                                      (Unincorporated Areas).
                                     Approximately 4,000 feet                +1,368
                                      downstream of State
                                      Highway 296.
Dry Creek of Gypsum Creek..........  At confluence with Gypsum               +1,290  City of Wichita.
                                      Creek.
                                     Approximately 150 feet                  +1,290
                                      upstream of the confluence
                                      with Gypsum Creek.
Dry Creek North of Cowskin Creek...  At confluence with Cowskin              +1,347  Sedgwick County
                                      Creek.                                          (Unincorporated Areas).
                                     At West 167th Street North.             +1,386
Dry Creek South of Cowskin Creek...  At confluence with Cowskin              +1,292  Sedgwick County
                                      Creek.                                          (Unincorporated Areas).
                                     At South Maize Road........             +1,317
Dry Creek of Spring Creek..........  Just downstream of East                 +1,266  City of Derby, Sedgwick
                                      Madison Avenue.                                 County (Unincorporated
                                                                                      Areas).
                                     Approximately 50 feet                   +1,331
                                      upstream of East 55th
                                      Street South.
East Branch Gypsum Creek...........  At confluence with Gypsum               +1,334  City of Wichita.
                                      Creek.
                                     Approximately 100 feet                  +1,343
                                      upstream of East Central
                                      Parkway.
East Branch Gypsum Creek             At convergence with East                +1,340  City of Wichita.
 (Splitflow).                         Branch Gypsum Creek.
                                     At divergence from East                 +1,342
                                      Branch Gypsum Creek.
East Fork Chisholm Creek...........  At confluence with Wichita              +1,306  City of Wichita.
                                      Drainage Canal.
                                     At Interstate Highway 135               +1,306
                                      Access Road.
Fabrique Branch Gypsum Creek.......  At confluence with Gypsum               +1,317  City of Wichita.
                                      Creek.
                                     Approximately 150 feet                  +1,325
                                      upstream of Pedestrian
                                      Bridge/East Zimmerly
                                      Avenue.

[[Page 60868]]


Frisco Ditch.......................  Approximately 140 feet                  +1,300  City of Wichita.
                                      upstream of Interstate
                                      Highway 135.
                                     Approximately 600 feet                  +1,366
                                      upstream of Northeast
                                      Cemetery Road.
Gypsum Creek.......................  At confluence with Wichita              +1,278  City of Wichita, Sedgwick
                                      Drainage Canal.                                 County (Unincorporated
                                                                                      Areas).
                                     At confluence of Middle and             +1,338
                                      West Branches of Gypsum
                                      Creek.
Little Arkansas River (Upper Reach)  Approximately 2,400 feet                +1,340  Sedgwick County
                                      downstream of Wichita                           (Unincorporated Areas).
                                      Valley Center Floodway
                                      Control Structure.
                                     At County Boundary.........             +1,372
Middle Branch Gypsum Creek.........  At confluence with Gypsum               +1,339  City of Wichita.
                                      Creek.
                                     Approximately 2,400 feet                +1,352
                                      upstream of East Tipperary
                                      Street.
Middle Fork Calfskin Creek.........  Approximately 70 feet                   +1,325  City of Wichita.
                                      upstream of the confluence
                                      with North Fork Calfskin
                                      Creek.
                                     Approximately 3,375 feet                +1,340
                                      upstream of confluence
                                      with North Fork Calfskin
                                      Creek.
North Fork Calfskin Creek..........  At confluence with Calfskin             +1,322  City of Wichita, Sedgwick
                                      Creek.                                          County (Unincorporated
                                                                                      Areas).
                                     Approximately 4,350 feet                +1,370
                                      upstream of North 135th
                                      Street West.
Rock Road South Tributary Gypsum     Approximately 650 feet                  +1,326  City of Wichita.
 Creek.                               upstream of South Rock
                                      Road.
                                     Approximately 3,730 feet                +1,347
                                      upstream of East Harry
                                      Street.
Spring Creek.......................  Approximately 1,700 feet                +1,237  City of Derby, Sedgwick
                                      upstream of the confluence                      County (Unincorporated
                                      with Arkansas River.                            Areas).
                                     Approximately 50 feet                   +1,309
                                      upstream of East 63rd
                                      Street South/South
                                      Greenwich Road.
Tributary to North Fork Calfskin     At confluence with North                +1,346  City of Wichita, Sedgwick
 Creek.                               Fork Calfskin Creek.                            County (Unincorporated
                                                                                      Areas).
                                     Approximately 3,930 feet                +1,381
                                      upstream of North 151st
                                      Street West.
West Branch Gypsum Creek...........  At confluence with Gypsum               +1,338  City of Wichita.
                                      Creek.
                                     Approximately 175 feet                  +1,382
                                      upstream of East Farmview
                                      Lane.
----------------------------------------------------------------------------------------------------------------
*National Geodetic Vertical Datum:
Depth in feet above ground
+North American Vertical Datum

                                                   ADDRESSES:

City of Colwich:

Maps are available for inspection at the Community Map Repository, City Hall, 310 South Second Street, Colwich,
 Kansas.
City of Derby:
Maps are available for inspection at the Community Map Repository, City Hall, 611 Mulberry Street, Derby,
 Kansas.
City of Eastborough:
Maps are available for inspection at the Community Map Repository, City Hall, 1 Douglas Street, Wichita, Kansas.
City of Maize:
Maps are available for inspection at the Community Map Repository, City Hall, 123 Khedive, Maize, Kansas.
Sedgwick County, Kansas (Unincorporated Areas):
Maps are available for inspection at the Community Map Repository, Office of Stormwater Management, 455 North
 Main Street, 8th Floor, Wichita, Kansas.
City of Wichita:
Maps are available for inspection at the Community Map Repository, Office of Stormwater Management, 455 North
 Main Street, 8th Floor, Wichita, Kansas.
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[[Page 60869]]

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

    Dated: October 4, 2006.
David I. Maurstad,
Director, Mitigation Division, Federal Emergency Management Agency, 
Department of Homeland Security.
 [FR Doc. E6-17258 Filed 10-16-06; 8:45 am]

BILLING CODE 9110-12-P