Proposed Flood Elevation Determinations

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: July 1, 2003 (Volume 68, Number 126)]
[Proposed Rules]
[Page 39046-39048]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jy03-37]

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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 67
[Docket No. FEMA-B-7437]

AGENCY: Federal Emergency Management Agency, Emergency Preparedness and
Response Directorate, 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 following table.

FOR FURTHER INFORMATION CONTACT: Mary Jean Pajak, Federal Emergency
Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-
2831.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
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
Emergency Preparedness and Response Directorate 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.

2. The tables published under the authority of Sec. 67.4 are
proposed to be amended as follows:

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Elevation in feet
Location of referenced *(NGVD)
Flooding source(s) elevation -------------------------- Communities affected
Effective Modified
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CALIFORNIA
Merced County, and Incorporated Areas.
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Bear Creek.......................... At McKee Road.......... *183 *183 Merced County (Uninc.
Areas).
Just upstream of Bear None *225
Creek Drive.
Black Rascal Diversion Channel...... At confluence with Bear None *199 Merced County (Uninc.
Creek. Areas).
Approximately 3,700 None *202
feet upstream East
Olive Avenue.
Local Ponding....................... Northeast of the None *200 Merced County (Uninc.
intersection of East Areas), City of
Childs Avenue and Merced.
Fairfield Canal.
Northeast of the None *200
intersection of
Mission Avenue and
South Arboleda Drive.
Local Ponding....................... Northeast of the None *196 Merced County (Uninc.
intersection of East Areas), City of
Childs Avenue and Merced.
Tower Road.
Southeast of the None *196
intersection of Le
Grand Road and US
Highway 99.

[[Page 39047]]

Northeast of the None *196
intersection of
Gerarad Avenue and the
Fairfield Canal.
Local Ponding....................... Northeast of the None *193 Merced County (Uninc.
intersection of Areas).
Mission Avenue and the
Fairfield Canal.
Local Ponding....................... Northeast of the None *191 City of Merced.
intersection of East
Childs Avenue and
Kirby Road.
Local Ponding....................... Northwest of the None *190 Merced County (Uninc.
intersection of State Areas), City of
Highway 140 and Easy Merced.
Street.
Local Ponding....................... Southeast of the None *189 Merced County (Uninc.
intersection of US Areas).
Highway 99 and
Mariposa Way.
Local Ponding....................... Northeast and Southeast None *186 Merced County (Uninc.
of the Intersection of Areas), City of
East Childs Avenue and Merced.
the Hartley Bradley
Lateral.
Local Ponding....................... Southeast of the None *183 Merced County (Uninc.
intersection of US Areas).
Highway 99 and Vassar
Avenue.
Local Ponding....................... Southeast of the None *179 Merced County (Uninc.
intersection of US Areas).
Highway 99 and Mission
Avenue.
Northeast of the None *179
intersection of Sandy
Mush Road and Givens-
Lustre Road.
Local Ponding....................... Northeast and Southeast None *185 Merced County (Uninc.
of the intersection of Areas).
US Highway 99 and
McHenry Road.
Local Ponding....................... Southeast of the None *176 City of Merced.
intersection of East
Childs Avenue and
Carol Avenue.
Local Ponding....................... Northeast of the None *165 Merced County (Uninc.
intersection of Areas).
Mission Avenue and
Tyler Road.
Local Ponding....................... Northeast of the None *164 Merced County (Uninc.
intersection of Healy Areas).
Road and Deadman Creek.
Local Ponding....................... Northeast of the None *151 Merced County (Uninc.
intersection of State Areas).
Highway 59 and Duck
Slough.
Local Ponding....................... Northeast of the None *237 Merced County (Uninc.
intersection of Areas).
Mariposa Way and
Burchell Avenue.
Local Ponding....................... Northeast of the None *226 Merced County (Uninc.
intersection of Gerard Areas).
Avenue and Plainsburg
Avenue.
Local Ponding....................... Southeast of the None *222 Merced County (Uninc.
intersection of Kadota Areas).
Avenue and Plainsburg
Road.
Shallow Flooding.................... From the intersection None #1 Merced County (Uninc.
of Woodland Avenue Areas), City of
South and West to Merced.
State Highway 59.
From the AT & SF None #1
Railroad West to State
Highway 59.
Shallow Flooding.................... From the AT & SF None #2 Merced County (Uninc.
Railroad West to State Areas).
Highway 59.
Shallow Flooding.................... Northeast of the None #3 Merced County (Uninc.
intersection of State Areas).
Highway 59 and Duck
Slough.
-------------------------------------
ADDRESSES
Merced County (Unincorporated Areas)

Maps are available for inspection at Merced County Department of Public Works, 715 Martin Luther King Jr. Way,
Merced, CA 95340.

Send comments to The Honorable Joe Rivero, Chairman, Merced County Board of Supervisors, 2222 M Street, Merced,
CA 95340.
City of Merced

Maps are available for inspection at City Hall, 678 West 18th Street, Merced, CA 95340.

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#Depth in feet
above ground. *Elevation
State City/town/county Source of flooding Location in feet. (NGVD)
-------------------------
Existing Modified
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Hawaii... Hawaii County...... Kaluiiki Branch... At confluence of Waipahoehoe Stream and Alenaio Stream... None *754
Approximately 200 feet upstream of Akala Road..... None *860
Waipahoehoe Stream... At confluence with Kaluiiki Branch and Alenaio Stream..... None *754
Approximately 100 feet upstream of Akala Road..... None *811
Alenaio Stream.... Just upstream of Kaumana Drive.......................... *708 *708
At confluence of Kaluiiki Branch and Waipahoehoe Stream... *752 *754

Maps are available for inspection at the Hawaii County Department of Public Works, Engineering Division, 25 Aupuni Street, Hilo,
Hawaii 96720.
Send comments to The Honorable Harry Kim, Mayor, Hawaii County, 25 Aupuni Street, Hilo, Hawaii 96720.
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[[Page 39048]]

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

Dated: June 24, 2003.
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response
Directorate.
[FR Doc. 03-16541 Filed 6-30-03; 8:45 am]
BILLING CODE 6718-04-P

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Proposed Flood Elevation Determinations

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