[Federal Register Volume 69, Number 201 (Tuesday, October 19, 2004)]
[Proposed Rules]
[Pages 61457-61460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23307]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-P-7661]


Proposed Flood Elevation Determinations

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 table below.

FOR FURTHER INFORMATION CONTACT: Doug Bellomo, P.E., Hazard 
Identification Section, Emergency Preparedness and Response 
Directorate, Federal Emergency Management Agency, 500 C Street, SW., 
Washington, DC 20472, (202) 646-2903.

SUPPLEMENTARY 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 of the Emergency 
Preparedness and Response Directorate 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 of the 
Emergency Preparedness and Response Directorate 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.

[[Page 61458]]

    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 record keeping 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:

----------------------------------------------------------------------------------------------------------------
                                                [sdiam]Elevation in feet
 Source of flooding and location of referenced           (NAVD)
                   elevation                   --------------------------          Communities affected
                                                  Existing     Modified
----------------------------------------------------------------------------------------------------------------
Alexander Creek:
    Approximately 8,025 feet upstream of Ward          None   [sdiam]942  Cass County (Unincorporated Areas),
     Road.                                                                 City of Raymore.
    Approximately 5,600 feet upstream of               None  [sdiam]1,00
     Prairie Road.                                                     4
East Branch South Grand River:
    Approximately 9,900 feet upstream of               None   [sdiam]886  Cass County (Unincorporated Areas)
     confluence of Wolf Creek.                                             City of Peculiar.
    Approximately 510 feet upstream of Kendall         None   [sdiam]954
     Road.
East Branch of West Fork East Creek:
    At confluence with West Fork East Creek...         None   [sdiam]974  Cass County (Unincorporated Areas)
                                                                           City of Belton.
    Approximately 3,050 feet upstream of               None   [sdiam]990
     confluence with West Fork East Creek.
East Creek Tributary:
    Approximately 990 feet downstream of               None   [sdiam]918  Cass County (Unincorporated Areas)
     Pickering Road.                                                       City of Raymore.
    Approximately 10,000 feet upstream of              None  [sdiam]1,00
     confluence of North Fork East Creek                               0
     Tributary.
East Fork of East Tributary of East Branch
 South Grand River:
    At confluence with East Tributary of East          None   [sdiam]937  Cass County (Unincorporated Areas).
     Branch South Grand River.
    Approximately 3,250 feet upstream of 200th         None  [sdiam]1,00
     Street.                                                           7
East Tributary of East Branch South Grand
 River:
    At confluence with East Branch South Grand         None   [sdiam]889  Cass County (Unincorporated Areas).
     River.
    Approximately 2,920 feet upstream of               None   [sdiam]993
     Prairie Road.
East Tributary of Lumpkins Fork:
    Approximately 4,770 feet downstream of             None   [sdiam]954  City of Raymore.
     North Madison Street.
    Approximately 40 feet upstream of 155th            None   [sdiam]999
     Street.
East Tributary of Massey Creek:
    Approximately 3,225 feet downstream of             None   [sdiam]944  Cass County (Unincorporated Areas).
     Missouri Highway D.
    Approximately 85 feet upstream of Cedar            None   [sdiam]997
     Road.
Lower East Fork of East Creek Tributary:
    At confluence with East Creek Tributary...         None   [sdiam]931  Cass County (Unincorporated Areas)
                                                                           City of Raymore.
    Approximately 12,800 feet upstream of U.S.         None   [sdiam]987
     Highway 71.
Lower East Tributary of Mill Creek:
    At confluence with Mill Creek.............         None   [sdiam]885  Cass County (Unincorporated Areas).
    Approximately 8,120 feet upstream of               None   [sdiam]937
     Confluence with Mill Creek.
Lumpkins Fork:
    At 155th Street...........................         None   [sdiam]945  Cass County (Unincorporated Areas).
    Approximately 70 feet upstream of North            None   [sdiam]979  ......................................
     Madison Street.
Massey Creek:
    Approximately 5,070 feet downstream of             None   [sdiam]904  Cass County (Unincorporated Areas).
     223rd Street.
    At State Line Road........................         None   [sdiam]969  ......................................
Middle East Tributary of Mill Creek:
    Approximately 3,950 feet upstream of               None   [sdiam]912  Cass County (Unincorporated Areas).
     confluence with Mill Creek.
    Approximately 6,320 feet upstream of               None   [sdiam]940  ......................................
     confluence with Mill Creek.
Mill Creek:
    At County Boundary........................         None   [sdiam]871  Cass County (Unincorporated Areas).
    Approximately 95 feet downstream of 187th          None  [sdiam]1,04  ......................................
     Street.                                                           5
North Branch of Upper East Fork of East Creek
 Tributary:

[[Page 61459]]

 
    Approximately 1,700 feet downstream of             None   [sdiam]976  Cass County (Unincorporated Areas).
     Hubach Hill Road.
    Approximately 25 feet upstream of Hubach           None   [sdiam]986  ......................................
     Hill Road.
North Fork of East Creek Tributary:
    At confluence with East Creek Tributary...         None   [sdiam]953  Cass County (Unincorporated Areas).
    Approximately 11,000 feet upstream of              None   [sdiam]990  ......................................
     confluence with East Creek Tributary.
North Tributary of Wolf Creek:
    Approximately 410 feet downstream of East          None   [sdiam]927  Cass County (Unincorporated Areas)
     233rd Street.                                                         City of Peculiar.
    Approximately 40 feet upstream of 227th            None   [sdiam]954  ......................................
     Street.
Poney Creek:
    Approximately 4,925 feet downstream of             None   [sdiam]831  Cass County (Unincorporated Areas)
     Bennett Road.                                                         City of Freeman.
    Approximately 7,550 feet upstream of Poney         None   [sdiam]849  ......................................
     Creek Road.
    Silver Lake...............................         None  [sdiam]1,02  City of Raymore.
                                                                       9
South Grand River:
    Approximately 5,160 feet downstream of             None   [sdiam]829  Cass County (Unincorporated Areas).
     State Highway 2.
    Approximately 765 feet upstream of Lake            None   [sdiam]850  ......................................
     Annette Road.
Tributary of Alexander Creek:
    Approximately 1,500 feet downstream of             None   [sdiam]988  Cass County (Unincorporated Areas)
     State Highway 58.                                                     City of Raymore.
    Approximately 85 feet upstream of State            None   [sdiam]996  ......................................
     Highway 58.
Upper East Fork of East Creek Tributary:
    Approximately 2,685 feet downstream of             None   [sdiam]947  Cass County (Unincorporated Areas),
     Good Ranch Road.                                                      City of Raymore.
    Approximately 50 feet upstream of Hubach           None   [sdiam]993
     Hill Road.
Upper East Tributary of Mill Creek:
    At Highland Ridge Drive...................         None   [sdiam]933  Cass County (Unincorporated Areas).
    Approximately 5,800 feet upstream of               None   [sdiam]988
     Highland Ridge Drive.
West Tributary of East Branch South Grand
 River:
    Approximately 2,095 feet downstream of             None   [sdiam]896  Cass County (Unincorporated Areas).
     East 223rd Street.
    Approximately 75 feet upstream of East             None   [sdiam]915
     223rd Street.
West Tributary of Lumpkins Fork:
    At 155th Street...........................         None   [sdiam]946  Cass County (Unincorporated Areas).
    Approximately 1,065 feet upstream of 155th         None   [sdiam]998
     Street.
Wolf Creek:
    Approximately 7,100 feet upstream of               None   [sdiam]889  Cass County (Unincorporated Areas)
     confluence with East Branch South Grand                               City of Peculiar.
     River.
    Approximately 1,170 feet upstream of 233rd         None   [sdiam]946
     Street.
-----------------------------------------------
Addresses
 
Cass County (Unincorporated Areas)
 
Maps are available for inspection at 102 East Wall Street, Harrisonville, Missouri.
 
Send comments to The Honorable Gary Mallory, Commissioner, Cass County, 102 East Wall Street, Harrisonville,
 Missouri 64701.
 
City of Belton
 
Maps are available for inspection at City Hall, 506 Main Street, Belton, Missouri.
 
Send comments to The Honorable Robert Gregory, Mayor, City of Belton, 506 Main Street, Belton, Missouri 64012.
 
City of Freeman
 
Maps are available for inspection at City Hall, 105 East Main Street, Freeman, Missouri.
 
Send comments to The Honorable Thomas Bray, Mayor, City of Freeman, 105 East Main Street, Freeman, Missouri
 64725.
 
City of Peculiar
 
Maps are available for inspection at City Hall, 600 Schug Avenue, Peculiar, Missouri.
 
Send comments to The Honorable George Lewis, Mayor, City of Peculiar, 600 Schug Avenue, P.O. Box 372, Peculiar,
 Missouri 64078.
 
City of Raymore
 
Maps are available for inspection at City Hall, 100 Municipal Circle, Raymore, Missouri.
 
Send comments to The Honorable Juan Alonzo, Mayor, City of Raymore, 100 Municipal Circle, Raymore, Missouri
 64083.
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Osage River:

[[Page 61460]]

 
    Approximately 28,150 feet downstream of      [sdiam]544   [sdiam]543  Osage County (Unincorporated Areas).
     U.S. Highway 50.
    Approximately 131,850 feet upstream of             None   [sdiam]557
     U.S. Highway 50.
-----------------------------------------------
Maps are available for inspection at Osage County Courthouse, 106 East Main Street, Linn, Missouri.
 
 Send comments to Mr. Bradley J. Strope, Floodplain Administrator, P.O. Box 1011, Linn, Missouri 65051.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance'')

    Dated: October 6, 2004.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and 
Response Directorate.
[FR Doc. 04-23307 Filed 10-18-04; 8:45 am]
BILLING CODE 9110-12-P