Proposed Flood Elevation Determinations, 5949-5953 [05-2118]

Download as PDF Federal Register / Vol. 70, No. 23 / Friday, February 4, 2005 / Proposed Rules Correction of Publication Accordingly, the publication of the notice of proposed rulemaking by crossreference to temporary regulations and notice of public hearing (REG–129709– 03), which was the subject of FR Doc. 04–27295, is corrected as follows: 1. On page 75492, column 2, in the preamble under the caption DATES, the second sentence from the bottom of the paragraph, the language ‘‘10 a.m. must be received by March 14,’’ is corrected to read ‘‘10 a.m. must be received by March 30,’’. 2. On page 75492, column 2, in the preamble under the caption ADDRESSES, the last sentence, the language ‘‘REG– 129703–03).’’ is corrected to read ‘‘REG– 129709–03).’’. 3. On page 75492, column 3, in the preamble under the caption Comments and Requests for a Public Hearing, paragraph 3, line 8, the language ‘‘March 14, 2005. A period of 10 minutes’’ is corrected to read ‘‘March 30, 2005. A period of 10 minutes’’. PART 1—[AMENDED] § 1.409(p)–1 [Corrected] 4. On page 75493, column 1, the section title for § 1.409(p)-1, the language ‘‘Prohibited allocation of securities in an S Corporation.’’ is corrected to read ‘‘Prohibited allocations of securities in an S Corporation.’’. Guy R. Traynor, Federal Register Liaison, Publication and Regulations Branch, Legal Processing Division, Associate Chief Counsel, Procedures and Administration. [FR Doc. 05–2200 Filed 2–3–05; 8:45 am] BILLING CODE 4830–01–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 300 [FRL–7868–5] National Oil and Hazardous Substance Pollution Contingency Plan; National Priorities List Environmental Protection Agency. ACTION: Proposed rule; notice of intent to delete the Southern Maryland Wood Treating Superfund Site from the National Priorities List. AGENCY: SUMMARY: The Environmental Protection Agency (EPA) Region III is issuing a notice of intent to delete the Southern Maryland Wood Treating Superfund Site (Site) located in Hollywood, Maryland from the National Priorities VerDate jul<14>2003 15:38 Feb 03, 2005 Jkt 205001 List (NPL) and requests public comments on this notice of intent. The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), is found at Appendix B of 40 CFR part 300, which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). EPA and the State of Maryland, through the Maryland Department of the Environment (MDE), have determined that all appropriate response actions under CERCLA have been completed. However, this deletion does not preclude future actions under CERCLA. In the ‘‘Rules and Regulations’’ section of today’s Federal Register, EPA is publishing a direct final rule of deletion of the Southern Maryland Wood Treating Site without prior notice of intent to delete because EPA views this as a noncontroversial deletion and anticipates no adverse comment. EPA has explained its reasons for this deletion in the direct final rule of deletion. If EPA receives no adverse comment(s) on this notice of intent to delete or the direct final rule of deletion, EPA will not take further action. If EPA receives adverse comment(s), EPA will withdraw the direct final rule of deletion and it will not take effect. EPA will, as appropriate, address all public comments in a subsequent final deletion notice based on this notice of intent to delete. EPA will not institute a second comment period on this notice of intent to delete. Any parties interested in commenting must do so at this time. For additional information, see the Direct Final Rule of Deletion which is located in the ‘‘Rules and Regulations’’ section of this Federal Register. DATES: Comments concerning this Site must be received by March 7, 2005. ADDRESSES: Written comments should be addressed to: Robert Sanchez, Remedial Project Manager, U.S. EPA Region III (3HS23), 1650 Arch Street, Philadelphia, PA 19103–2029, (215) 814–3451. FOR FURTHER INFORMATION CONTACT: Robert Sanchez, Remedial Project Manager, U.S. EPA Region III (3HS23), 1650 Arch Street, Philadelphia, PA 19103–2029, (215) 814–3451 or 1–800– 553–2509. SUPPLEMENTARY INFORMATION: For additional information, see the Direct Final Notice of Deletion which is located in the ‘‘Rules and Regulations’’ section of this Federal Register. Information Repositories: Repositories have been established to provide detailed information concerning this decision at the following addresses: U.S. PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 5949 EPA Region III, Regional Center for Environmental Information (RCEI), 1650 Arch Street (2nd Floor), Philadelphia, PA 19103–2029, (215) 814–5254, Monday through Friday, 8 a.m. to 5 p.m.; and in Maryland at the St. Mary’s County Library, 23250 Hollywood Road, Leonardtown, MD 20650 (301) 475– 2846, Monday through Friday, 8 a.m. to 4 p.m. List of Subjects in 40 CFR Part 300 Environmental protection, Air pollution control, Chemicals, Hazardous waste, Hazardous substances, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements, Superfund, Water pollution control, Water supply. Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp., p. 193. Dated: January 26, 2005. Richard J. Kampf, Acting Regional Administrator, Region III. [FR Doc. 05–2059 Filed 2–3–05; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA–P–7669] Proposed Flood Elevation Determinations Federal Emergency Management Agency, Emergency Preparedness and Response Directorate, Department of Homeland Security. ACTION: Proposed rule. AGENCY: 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). The comment period is ninety (90) days following the second publication of this proposed rule in a newspaper of local circulation in each community. DATES: E:\FR\FM\04FEP1.SGM 04FEP1 5950 Federal Register / Vol. 70, No. 23 / Friday, February 4, 2005 / Proposed Rules 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 ADDRESSES: 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. 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. § 67.4 2. The tables published under the authority of § 67.4 are proposed to be amended as follows: ♦Elevation in feet (NGVD) *Elevation in feet (NGVD) Source of flooding and location of referenced elevation Existing Cobb Creek: At the confluence with Florida Creek ........................................... Approximately 7,850 feet upstream of County Road 50 .............. County Ditch No. 5: At the confluence with West Branch Lac Qui Parle River ........... At the western county boundary ................................................... Florida Creek: At the confluence with West Branch Lac Qui Parle River ........... Approximately 2,300 feet upstream of the southern county boundary. Florida Creek Tributary: At the confluence with Florida Creek ........................................... At the southern county boundary ................................................. Judicial Ditch No. 4: At the confluence with West Branch Lac Qui Parle River ........... Communities affected Modified None ........ None ........ ♦1,099 ♦1,237 Lac Qui Parle (Unincorporated Areas). None ........ None ........ ♦1,096 ♦1,140 Lac Qui Parle (Unincorporated Areas). None ........ None ........ ♦1,094 ♦1,181 Lac Qui Parle (Unincorporated Areas). None ........ None ........ ♦1,137 ♦1,208 Lac Qui Parle (Unincorporated Areas). ♦1,044 ..... ♦1,045 Just upstream of Ninth Street ....................................................... Lac Qui Parle River: Approximately 350 feet downstream of County Road 20 ............ ♦1,044 ..... ♦1,045 City of Dawson, Lac Qui Parle (Unincorporated Areas). None ........ ♦ 963 At the southern county boundary ................................................. Lazarus Creek: Approximately 9,660 feet downstream of U.S. Interstate 75 ....... Approximately 12,100 feet upstream of County Road 52 (2nd crossing). Lost Creek: At the confluence with West Branch Lac Qui Parle River ........... At the western county boundary ................................................... Minnesota River: Approximately 7.4 miles downstream of County Road 18 ........... Approximately 6.9 miles upstream of County Road 15 ................ Minnesota River Tailwaters: None ........ ♦1,093 None ........ None ........ ♦1,105 ♦1,135 Lac Qui Parle (Unincorporated Areas). None ........ None ........ ♦1,111 ♦1,193 Lac Qui Parle (Unincorporated Areas). None ........ None ........ ♦ 934 ♦ 962 Lac Qui Parle (Unincorporated Areas). VerDate jul<14>2003 15:38 Feb 03, 2005 Jkt 205001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 City of Dawson, Lac Qui Parle (Unincorporated Areas). E:\FR\FM\04FEP1.SGM 04FEP1 Federal Register / Vol. 70, No. 23 / Friday, February 4, 2005 / Proposed Rules ♦Elevation in feet (NGVD) *Elevation in feet (NGVD) Source of flooding and location of referenced elevation Existing 5951 Communities affected Modified At the confluence with Minnesota River ....................................... Approximately 430 feet upstream of U.S. Interstate 75 ............... North Fork Yellow Bank River: At the confluence with Main Fork Yellow Bank River .................. At the western county boundary ................................................... Tenmile Creek: Approximately 1,800 feet downstream of County Road 2 ........... None ........ None ........ ♦ 949 ♦ 950 Lac Qui Parle (Unincorporated Areas). None ........ None ........ ♦1,002 ♦1,036 Lac Qui Parle (Unincorporated Areas). None ........ ♦1,046 City of Boyd, Lac Qui Parle (Unincorporated Areas). Tenmile Creek: Approximately 9,100 feet upstream of County Road 29 .............. None ........ ♦1,056 City of Boyd, Lac Qui Parle (Unincorporated Areas). Tributary to South Fork Yellow Bank River: At the confluence with South Fork Yellow Bank River ................. None ........ ♦1,089 None ........ ♦1,113 City of Nassau, Lac Qui parle (Unincorporated Areas). ♦1,043 ..... ♦1,041 None ........ ♦1,192 None ........ None ........ ♦971 ♦1,123 At the western county boundary ................................................... West Branch Lac Qui Parle River: At the confluence with Lac Qui Parle River ................................. Just upstream of County Road 7 .................................................. Yellow Bank River (Main and South Forks): Approximately 100 feet downstream of County Road 40 ............ Approximately 14,450 feet upstream of County Road 7 .............. City of Dawson, Lac Qui Parle (Unincorporated Areas). Lac Qui Parle (Unincorporated Areas). City of Boyd: Maps are available for inspection at City Hall, 117 Third Street, Boyd, Minnesota. Send comments to The Honorable Vern Lein, Mayor, City of Boyd, City Hall, 117 Third Street, Boyd, Minnesota 56218. City of Dawson: Maps are available for inspection at City Hall, 675 Chestnut Street, Dawson, Minnesota. Send comments to The Honorable Glenn Dunham, Mayor, City of Dawson, City Hall, 675 Chestnut Street, Dawson, Minnesota 56232. City of Nassau: Maps are available for inspection at City Hall, 229 Fifth Street, Nassau, Minnesota. Send comments to The Honorable Linda Wildung, Mayor, City of Nassau, City Hall, 229 Fifth Street, Nassau, Minnesota 56257. Lac Qui Parle County (Unincorporated Areas): Maps are available for inspection at Lac Qui Parle County Courthouse, 600 West Sixth Street, Madison, Minnesota. Send comments to The Honorable Vonderharr, Chairperson, County Commissioners, County Courthouse, 600 West Sixth Street, Madison, Minnesota 56256. Artichoke Creek: Approximately 2,500 feet downstream of 225th Avenue Northwest. Just upstream of 260th Avenue Northwest .................................. Chippewa River: Just downstream of County Road 75 ........................................... None ........ *1,072 None ........ *1,085 None ........ *1,028 At the confluence of East Branch, Chippewa River ..................... Cottonwood Creek: Approximately 8,170 feet downstream of County Road 2 ........... None ........ *1,036 None ........ *991 Approximately 4,600 feet upstream of County Road 9 ................ County Ditch No. 2: At County Route 54 ...................................................................... County Ditch No. 2: Approximately 1,250 feet upstream of County Route 54 ............. East Branch Chippewa River: At the confluence with the Chippewa River ................................. None ........ *1,020 None ........ *1,006 Swift County (Unincorporated Areas). None ........ *1,006 Swift County (Unincorporated Areas). None ........ *1,036 City of Benson Swift County (Unincorporated Areas). None ........ *1,036 None ........ *1,040 None ........ *1,049 None ........ *1,035 None ........ *1,043 *946 ......... *948 Just downstream of State Road 29 .............................................. Judicial Ditch No. 19: Approximately 18,250 feet upstream of the confluence with East Branch Chippewa River. Approximately 39,350 feet upstream of the confluence with East Branch Chippewa River. Lake Malachy Outlet: Approximately 320 feet above confluence with Lake Malachy .... Approximately 100 feet upstream of Grace Avenue .................... Minnesota River: At Marsh Lake Dam ...................................................................... VerDate jul<14>2003 15:38 Feb 03, 2005 Jkt 205001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 Swift County (Unincorporated Areas). City of Benson, Swift County (Unincorporated Areas). City of Holloway, Swift County (Unincorporated Areas). Swift County (Unincorporated Areas). City of Clontarf Swift County (Unincorporated Areas). Swift County (Unincorporated Areas). E:\FR\FM\04FEP1.SGM 04FEP1 5952 Federal Register / Vol. 70, No. 23 / Friday, February 4, 2005 / Proposed Rules ♦Elevation in feet (NGVD) *Elevation in feet (NGVD) Source of flooding and location of referenced elevation Existing Approximately 4,750 feet upstream of March Lake Dam ............. Pomme De Terre River: Approximately 11,700 feet downstream of the Union Pacific Railroad. Pomme De Terre River: Approximately 15,800 feet upstream of North Herrington Road .. Communities affected Modified *946 ......... *948 *972 ......... *975 City of Appleton Swift County (Unincorporated Areas). None ........ *1,008 City of Appleton Swift County (Unincorporated Areas). City of Appleton: Maps are available for inspection at the City Office, 323 West Schlieman Avenue, Appleton, Minnesota. Send comments to The Honorable William Fliflet, Mayor, City of Appleton, 323 West Schlieman Avenue, Appleton, Minnesota 56208. City of Benson: Maps are available for inspection at City Hall, 1410 Kansas Avenue, Benson, Minnesota. Send comments to The Honorable Paul Kittleson, Mayor, City of Benson, 1410 Kansas Avenue, Benson, Minnesota 56215. City of Clontarf: Maps are available for inspection at City Hall, 221 Clonmel Street, Clontarf, Minnesota. Send comments to The Honorable Tom Staton, Mayor, City of Clontarf, 221 Clonmel Street, Clontarf, Minnesota 56226. City of Holloway: Maps are available for inspection at City Hall, 220 DePue Street, Holloway, Minnesota. Send comments to The Honorable Merlin Schultz, Mayor, City of Holloway, 220 DePue Street, Holloway, Minnesota 56249. Swift County (Unincorporated Areas): Maps are available for inspection at 301 14th Street North, Benson, Minnesota. Send comments to The Honorable Gary Hendrickx, Chairman, Swift County Board of Commissioners, 222 North Miles Street, Appleton, Minnesota 56208. Florida Creek: At the northern county boundary .................................................. Approximately 50 feet upstream of County Road 14 ................... Florida Creek Tributary: Approximately 25 feet downstream of the northern county boundary. Approximately 6,100 feet upstream of County Road 14 .............. Lac Qui Parle River: At the northern county boundary .................................................. Approximately 6,750 feet upstream of State Highway 68 ............ Lazarus Creek: At confluence with Lac Qui Parle River ........................................ Approximately 6,270 feet upstream of County Road E2 .............. Minnesota River: Approximately 31,200 feet downstream of State Highway 67 ..... Approximately 1,580 feet upstream of U.S. Highway 59/212 ...... Minnesota River Overflow Channel: At the confluence with the Minnesota River ................................. Minnesota River Overflow Channel: Approximately 890 feet upstream the confluence with the Minnesota River. Tenmile Creek: Approximately 113,370 feet upstream of the confluence with Lac Qui Parle River. Approximately 117,250 feet upstream of the confluence with Lac Qui Parle River. Yellow Medicine River: Approximately 36,700 feet downstream of County Road 8 ......... Approximately 3,400 feet upstream of the southern county boundary. None ........ None ........ ♦1,175 ♦1,238 Yellow Medicine (Unincorporated Areas). None ........ ♦1,209 Yellow Medicine (Unincorporated Areas). None ........ ♦1,244 None ........ None ........ ♦1,093 ♦1,241 Yellow Medicine (Unincorporated Areas). None ........ None ........ ♦1,095 ♦1,258 Yellow Medicine (Unincorporated Areas). ♦873 ........ ♦877 ♦932 ........ ♦934 ♦894 ........ Yellow Medicine (Unincorporated Granite Falls. Upper Sioux Community. Areas) ♦896 Yellow Medicine Granite Falls. (Unincorporated Areas) ♦898 ........ ♦899 Yellow Medicine Granite Falls. (Unincorporated Areas) None ........ ♦1,056 None ........ ♦1,056 None ........ None ........ ♦1,058 ♦1,100 Yellow Medicine (Unincorporated Areas). Yellow Medicine (Unincorporated Areas). City of Granite Falls: Maps are available for inspection at City Hall, 885 Prentice Street, Granite Falls, Minnesota. Send comments to The Honorable David Smiglewski, Mayor, City of Granite Falls, 885 Prentice Street, Granite Falls, Minnesota 56241. Upper Sioux Community: Maps are available for inspection at Office of the Tribal Council Secretary/FDPO Administrator, Upper Sioux Community Board of Trustees, Granite Falls, Minnesota. Send comments to Helen M. Blue-Redner, Tribal Chairman, Upper Sioux Community Board of Trustees, P.O. Box 147, Granite Falls, Minnesota 56241. Yellow Medicine County: VerDate jul<14>2003 15:38 Feb 03, 2005 Jkt 205001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\04FEP1.SGM 04FEP1 Federal Register / Vol. 70, No. 23 / Friday, February 4, 2005 / Proposed Rules ♦Elevation in feet (NGVD) *Elevation in feet (NGVD) Source of flooding and location of referenced elevation Existing 5953 Communities affected Modified Maps are available for inspection at the Planning and Zoning Office, 1000 10th Avenue, Clarkfield, Minnesota. Send comments to The Honorable John Chattin, County Administrator, County Administrator’s Office, 415 9th Avenue, Granite Falls, Minnesota 56241. (Catalog of Federal Domestic Assistance No. 83.100, ‘‘Flood Insurance’’) Dated: January 28, 2005. David I. Maurstad, Acting Director, Mitigation Division, Emergency Preparedness and Response Directorate. [FR Doc. 05–2118 Filed 2–3–05; 8:45 am] BILLING CODE 9110–12–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA–P–7667] Proposed Flood Elevation Determinations Federal Emergency Management Agency, Emergency Preparedness and Response Directorate, Department of Homeland Security. ACTION: Proposed rule. AGENCY: 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 VerDate jul<14>2003 15:38 Feb 03, 2005 Jkt 205001 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 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 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. 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. § 67.4 [Amended] 2. The tables published under the authority of § 67.4 are proposed to be amended as follows: E:\FR\FM\04FEP1.SGM 04FEP1

Agencies

[Federal Register Volume 70, Number 23 (Friday, February 4, 2005)]
[Proposed Rules]
[Pages 5949-5953]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-2118]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-P-7669]

Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, Emergency Preparedness and
Response Directorate, Department of Homeland Security.

ACTION: Proposed rule.

-----------------------------------------------------------------------

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.

[[Page 5950]]

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.
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:

----------------------------------------------------------------------------------------------------------------
[sdiam]Elevation in feet (NGVD)
Source of flooding and location of *Elevation in feet (NGVD)
referenced elevation --------------------------------------- Communities affected
Existing Modified
----------------------------------------------------------------------------------------------------------------
Cobb Creek:
At the confluence with Florida Creek. None.................... [sdiam]1,09 Lac Qui Parle (Unincorporated
9 Areas).
Approximately 7,850 feet upstream of None.................... [sdiam]1,23
County Road 50. 7
County Ditch No. 5:
At the confluence with West Branch None.................... [sdiam]1,09 Lac Qui Parle (Unincorporated
Lac Qui Parle River. 6 Areas).
At the western county boundary....... None.................... [sdiam]1,14
0
Florida Creek:
At the confluence with West Branch None.................... [sdiam]1,09 Lac Qui Parle (Unincorporated
Lac Qui Parle River. 4 Areas).
Approximately 2,300 feet upstream of None.................... [sdiam]1,18 ..............................
the southern county boundary. 1
Florida Creek Tributary:
At the confluence with Florida Creek. None.................... [sdiam]1,13 Lac Qui Parle (Unincorporated
7 Areas).
At the southern county boundary...... None.................... [sdiam]1,20
8
Judicial Ditch No. 4:
At the confluence with West Branch [sdiam]1,044............ [sdiam]1,04 City of Dawson, Lac Qui Parle
Lac Qui Parle River. 5 (Unincorporated Areas).
Just upstream of Ninth Street........ [sdiam]1,044............ [sdiam]1,04
5
Lac Qui Parle River:
Approximately 350 feet downstream of None.................... [sdiam] 963 City of Dawson, Lac Qui Parle
County Road 20. (Unincorporated Areas).
At the southern county boundary...... None.................... [sdiam]1,09
3
Lazarus Creek:
Approximately 9,660 feet downstream None.................... [sdiam]1,10 Lac Qui Parle (Unincorporated
of U.S. Interstate 75. 5 Areas).
Approximately 12,100 feet upstream of None.................... [sdiam]1,13
County Road 52 (2nd crossing). 5
Lost Creek:
At the confluence with West Branch None.................... [sdiam]1,11 Lac Qui Parle (Unincorporated
Lac Qui Parle River. 1 Areas).
At the western county boundary....... None.................... [sdiam]1,19
3
Minnesota River:
Approximately 7.4 miles downstream of None.................... [sdiam] 934 Lac Qui Parle (Unincorporated
County Road 18. Areas).
Approximately 6.9 miles upstream of None.................... [sdiam] 962
County Road 15.
Minnesota River Tailwaters:

[[Page 5951]]

At the confluence with Minnesota None.................... [sdiam] 949 Lac Qui Parle (Unincorporated
River. Areas).
Approximately 430 feet upstream of None.................... [sdiam] 950
U.S. Interstate 75.
North Fork Yellow Bank River:
At the confluence with Main Fork None.................... [sdiam]1,00 Lac Qui Parle (Unincorporated
Yellow Bank River. 2 Areas).
At the western county boundary....... None.................... [sdiam]1,03
6
Tenmile Creek:
Approximately 1,800 feet downstream None.................... [sdiam]1,04 City of Boyd, Lac Qui Parle
of County Road 2. 6 (Unincorporated Areas).
Tenmile Creek:
Approximately 9,100 feet upstream of None.................... [sdiam]1,05 City of Boyd, Lac Qui Parle
County Road 29. 6 (Unincorporated Areas).
Tributary to South Fork Yellow Bank
River:
At the confluence with South Fork None.................... [sdiam]1,08 City of Nassau, Lac Qui parle
Yellow Bank River. 9 (Unincorporated Areas).
At the western county boundary....... None.................... [sdiam]1,11
3
West Branch Lac Qui Parle River:
At the confluence with Lac Qui Parle [sdiam]1,043............ [sdiam]1,04 City of Dawson, Lac Qui Parle
River. 1 (Unincorporated Areas).
Just upstream of County Road 7....... None.................... [sdiam]1,19
2
Yellow Bank River (Main and South Forks):
Approximately 100 feet downstream of None.................... [sdiam]971 Lac Qui Parle (Unincorporated
County Road 40. Areas).
Approximately 14,450 feet upstream of None.................... [sdiam]1,12
County Road 7. 3
------------------------------------------
City of Boyd:

Maps are available for inspection at City Hall, 117 Third Street, Boyd, Minnesota.

Send comments to The Honorable Vern Lein, Mayor, City of Boyd, City Hall, 117 Third Street, Boyd, Minnesota
56218.

City of Dawson:

Maps are available for inspection at City Hall, 675 Chestnut Street, Dawson, Minnesota.

Send comments to The Honorable Glenn Dunham, Mayor, City of Dawson, City Hall, 675 Chestnut Street, Dawson,
Minnesota 56232.

City of Nassau:

Maps are available for inspection at City Hall, 229 Fifth Street, Nassau, Minnesota.

Send comments to The Honorable Linda Wildung, Mayor, City of Nassau, City Hall, 229 Fifth Street, Nassau,
Minnesota 56257.

Lac Qui Parle County (Unincorporated Areas):

Maps are available for inspection at Lac Qui Parle County Courthouse, 600 West Sixth Street, Madison, Minnesota.

Send comments to The Honorable Vonderharr, Chairperson, County Commissioners, County Courthouse, 600 West Sixth
Street, Madison, Minnesota 56256.
----------------------------------------------------------------------------------------------------------------
Artichoke Creek:
Approximately 2,500 feet downstream None.................... *1,072 Swift County (Unincorporated
of 225th Avenue Northwest. Areas).
Just upstream of 260th Avenue None.................... *1,085
Northwest.
Chippewa River:
Just downstream of County Road 75.... None.................... *1,028 City of Benson, Swift County
(Unincorporated Areas).
At the confluence of East Branch, None.................... *1,036
Chippewa River.
Cottonwood Creek:
Approximately 8,170 feet downstream None.................... *991 City of Holloway, Swift County
of County Road 2. (Unincorporated Areas).
Approximately 4,600 feet upstream of None.................... *1,020
County Road 9.
County Ditch No. 2:
At County Route 54................... None.................... *1,006 Swift County (Unincorporated
Areas).
County Ditch No. 2:
Approximately 1,250 feet upstream of None.................... *1,006 Swift County (Unincorporated
County Route 54. Areas).
East Branch Chippewa River:
At the confluence with the Chippewa None.................... *1,036 City of Benson Swift County
River. (Unincorporated Areas).
Just downstream of State Road 29..... None.................... *1,036
Judicial Ditch No. 19:
Approximately 18,250 feet upstream of None.................... *1,040 Swift County (Unincorporated
the confluence with East Branch Areas).
Chippewa River.
Approximately 39,350 feet upstream of None.................... *1,049
the confluence with East Branch
Chippewa River.
Lake Malachy Outlet:
Approximately 320 feet above None.................... *1,035 City of Clontarf Swift County
confluence with Lake Malachy. (Unincorporated Areas).
Approximately 100 feet upstream of None.................... *1,043
Grace Avenue.
Minnesota River:
At Marsh Lake Dam.................... *946.................... *948 Swift County (Unincorporated
Areas).

[[Page 5952]]

Approximately 4,750 feet upstream of *946.................... *948
March Lake Dam.
Pomme De Terre River:
Approximately 11,700 feet downstream *972.................... *975 City of Appleton Swift County
of the Union Pacific Railroad. (Unincorporated Areas).
Pomme De Terre River:
Approximately 15,800 feet upstream of None.................... *1,008 City of Appleton Swift County
North Herrington Road. (Unincorporated Areas).
------------------------------------------
City of Appleton:

Maps are available for inspection at the City Office, 323 West Schlieman Avenue, Appleton, Minnesota.

Send comments to The Honorable William Fliflet, Mayor, City of Appleton, 323 West Schlieman Avenue, Appleton,
Minnesota 56208.

City of Benson:

Maps are available for inspection at City Hall, 1410 Kansas Avenue, Benson, Minnesota.

Send comments to The Honorable Paul Kittleson, Mayor, City of Benson, 1410 Kansas Avenue, Benson, Minnesota
56215.

City of Clontarf:

Maps are available for inspection at City Hall, 221 Clonmel Street, Clontarf, Minnesota.

Send comments to The Honorable Tom Staton, Mayor, City of Clontarf, 221 Clonmel Street, Clontarf, Minnesota
56226.

City of Holloway:

Maps are available for inspection at City Hall, 220 DePue Street, Holloway, Minnesota.

Send comments to The Honorable Merlin Schultz, Mayor, City of Holloway, 220 DePue Street, Holloway, Minnesota
56249.

Swift County (Unincorporated Areas):

Maps are available for inspection at 301 14th Street North, Benson, Minnesota.

Send comments to The Honorable Gary Hendrickx, Chairman, Swift County Board of Commissioners, 222 North Miles
Street, Appleton, Minnesota 56208.
----------------------------------------------------------------------------------------------------------------
Florida Creek:
At the northern county boundary...... None.................... [sdiam]1,17 Yellow Medicine
5 (Unincorporated Areas).
Approximately 50 feet upstream of None.................... [sdiam]1,23 ..............................
County Road 14. 8
Florida Creek Tributary:
Approximately 25 feet downstream of None.................... [sdiam]1,20 Yellow Medicine
the northern county boundary. 9 (Unincorporated Areas).
Approximately 6,100 feet upstream of None.................... [sdiam]1,24 ..............................
County Road 14. 4
Lac Qui Parle River:
At the northern county boundary...... None.................... [sdiam]1,09 Yellow Medicine
3 (Unincorporated Areas).
Approximately 6,750 feet upstream of None.................... [sdiam]1,24 ..............................
State Highway 68. 1
Lazarus Creek:
At confluence with Lac Qui Parle None.................... [sdiam]1,09 Yellow Medicine
River. 5 (Unincorporated Areas).
Approximately 6,270 feet upstream of None.................... [sdiam]1,25 ..............................
County Road E2. 8
Minnesota River:
Approximately 31,200 feet downstream [sdiam]873.............. [sdiam]877 Yellow Medicine
of State Highway 67. (Unincorporated Areas)
Granite Falls.
Approximately 1,580 feet upstream of [sdiam]932.............. [sdiam]934 Upper Sioux Community.
U.S. Highway 59/212.
Minnesota River Overflow Channel:
At the confluence with the Minnesota [sdiam]894.............. [sdiam]896 Yellow Medicine
River. (Unincorporated Areas)
Granite Falls.
Minnesota River Overflow Channel:
Approximately 890 feet upstream the [sdiam]898.............. [sdiam]899 Yellow Medicine
confluence with the Minnesota River. (Unincorporated Areas)
Granite Falls.
Tenmile Creek:
Approximately 113,370 feet upstream None.................... [sdiam]1,05 Yellow Medicine
of the confluence with Lac Qui Parle 6 (Unincorporated Areas).
River.
Approximately 117,250 feet upstream None.................... [sdiam]1,05 ..............................
of the confluence with Lac Qui Parle 6
River.
Yellow Medicine River:
Approximately 36,700 feet downstream None.................... [sdiam]1,05 Yellow Medicine
of County Road 8. 8 (Unincorporated Areas).
Approximately 3,400 feet upstream of None.................... [sdiam]1,10
the southern county boundary. 0
------------------------------------------
City of Granite Falls:
Maps are available for inspection at City Hall, 885 Prentice Street, Granite Falls, Minnesota.

Send comments to The Honorable David Smiglewski, Mayor, City of Granite Falls, 885 Prentice Street, Granite
Falls, Minnesota 56241.

Upper Sioux Community:

Maps are available for inspection at Office of the Tribal Council Secretary/FDPO Administrator, Upper Sioux
Community Board of Trustees, Granite Falls, Minnesota.

Send comments to Helen M. Blue-Redner, Tribal Chairman, Upper Sioux Community Board of Trustees, P.O. Box 147,
Granite Falls, Minnesota 56241.

Yellow Medicine County:

[[Page 5953]]

Maps are available for inspection at the Planning and Zoning Office, 1000 10th Avenue, Clarkfield, Minnesota.
Send comments to The Honorable John Chattin, County Administrator, County Administrator's Office, 415 9th
Avenue, Granite Falls, Minnesota 56241.
----------------------------------------------------------------------------------------------------------------

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

Dated: January 28, 2005.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and
Response Directorate.
[FR Doc. 05-2118 Filed 2-3-05; 8:45 am]
BILLING CODE 9110-12-P

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