[Federal Register: July 19, 2006 (Volume 71, Number 138)]
[Proposed Rules]
[Page 40980-40981]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19jy06-33]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. P-7915]


Proposed Flood Elevation Determinations

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

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: William R. Blanton, Jr., Enginering
Management Section, Mitigation Division, Federal Emergency Management
Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3151.

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.
    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
Federal Emergency Management Agency 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 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  [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
             State               City/town/county      Source of          Location        in feet [diams](NAVD)
                                                        flooding                       -------------------------
                                                                                          Existing     Modified
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NE............................  Omaha (City)       Candlewood Lake..  Entire Shoreline         None  [diams]1,09
                                 (Douglas County).                                                             6
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                                                     ADDRESS
Maps are available for inspection at City Hall, 1819 Farnum Street, Omaha, Nebraska.

Send comments to The Honorable Mike Fahey, Mayor, City of Omaha, 1819 Farnam Street, Third Floor, Omaha,
 Nebraska 68183.
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[diams] North American Vertical Datum of 1988.


[[Page 40981]]

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

    Dated: June 29, 2006.
David I. Maurstad,
Director, Mitigation Division, Federal Emergency Management Agency,
Department of Homeland Security.
[FR Doc. E6-11387 Filed 7-18-06; 8:45 am]

BILLING CODE 9110-12-P