Proposed Flood Elevation Determinations, 29694-29695 [05-10299]

Download as PDF 29694 Federal Register / Vol. 70, No. 99 / Tuesday, May 24, 2005 / Proposed Rules ♦Elevation in feet (NAVD) Source of flooding and location of referenced elevation Existing Duck Creek: Mouth at Ohio River ................................................................................................ Communities affected Modified ♦615 ♦616 Approximately 4,400 feet upstream of State Highway 26 ...................................... Muskingum River: Mouth at the Ohio River .......................................................................................... ♦615 ♦616 ♦614 ♦615 Approximately 16,400 feet upstream of mouth ....................................................... Ohio River: Approximately 0.4 mile downstream of U.S. Highway 50 ....................................... ♦614 ♦615 ♦608 ♦609 Approximately 7.25 miles upstream of Willow Island Lock and Dam ..................... ♦616 ♦617 City of Marietta, Washington County (Unincorporated Areas). City of Marietta, Washington County (Unincorporated Areas). City of Belpre, City of Marietta, Washington County (Unincorporated Areas). Washington County (Unincorporated Areas), Ohio Maps are available for inspection at the Building Department, 217 Putnam Street, Marietta, Ohio. Send comments to Ms. Connie J. Hoblitzell, Floodplain Manager, 217 Putnam Street, Marietta, Ohio 45750. City of Belpre, Washington County, Ohio Maps are available for inspection at City Hall, 715 Park Drive, Belpre, Ohio. Send comments to Robert G. Boersma, Safety Service Director, 715 Park Drive, Belpre, Ohio 45714. City of Marietta, Washington County, Ohio. Maps are available for inspection at City Hall, 301 Putnam Street, Marietta, Ohio. Send comments to Wayne Rinehart, Floodplain Manager, 301 Putnam Street, Marietta, Ohio 45750. (Catalog of Federal Domestic Assistance No. 83.100, ‘‘Flood Insurance.’’) Dated: May 18, 2005. David I. Maurstad, Acting Director, Mitigation Division, Emergency Preparedness and Response Directorate. [FR Doc. 05–10300 Filed 5–23–05; 8:45 am] BILLING CODE 9110–12–P 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: 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 ADDRESSES: DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA–P–7687] Proposed Flood Elevation Determinations Federal Emergency Management Agency, Emergency Preparedness and Response Directorate, Department of Homeland Security. ACTION: Proposed rule. AGENCY: 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 SUMMARY: VerDate jul<14>2003 15:14 May 23, 2005 Jkt 205001 PO 00000 Frm 00037 Fmt 4702 Sfmt 4702 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 E:\FR\FM\24MYP1.SGM 24MYP1 29695 Federal Register / Vol. 70, No. 99 / Tuesday, May 24, 2005 / Proposed Rules eligibility in the NFIP. No regulatory flexibility analysis has been prepared. 12612, Federalism, dated October 26, 1987. PART 67—[AMENDED] Regulatory Classification Executive Order 12778, Civil Justice Reform This proposed rule meets the applicable standards of Section 2(b)(2) of Executive Order 12778. 1. The authority citation for part 67 continues to read as follows: 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 State City/town/county 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: Source of flooding 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: # Depth in feet above ground Elevation in feet ((NAVD) Location Existing Iowa ............... West Des Moines (City) Polk and Dallas Counties. Modified Jordan Creek ............... Approximately 3,210 feet downstream of 68th Street. None ........ 924. None ........ 970. Raccoon River ............. Approximately 1,950 feet upstream of E.P. True Parkway. Approximately 75 feet downstream of South First Street. Approximately 1.7 miles upstream of U.S. Interstate 35. 814 .......... 816. 832 .......... 833. Maps are available for inspection at City Hall, 4200 Mills Civic Parkway, West Des Moines, Iowa. Send comments to The Honorable Eugene Meyer, Mayor, City of West Des Moines, 4200 Mills Civic Parkway, West Des Moines, Iowa 50265. (Catalog of Federal Domestic Assistance No. 83.100, ‘‘Flood Insurance.’’) Dated: May 18, 2005. David I. Maurstad, Acting Director, Mitigation Division, Emergency Preparedness and Response Directorate. [FR Doc. 05–10299 Filed 5–23–05; 8:45 am] BILLING CODE 9110–12–P LEGAL SERVICES CORPORATION 45 CFR Part 1611 Financial Eligibility Legal Services Corporation. Notice of proposed rulemaking. AGENCY: ACTION: SUMMARY: The Legal Services Corporation (‘‘LSC’’ or ‘‘Corporation’’) is republishing for additional comment previously proposed amendments (with certain additional revisions) to its regulations relating to financial eligibility for LSC-funded legal services. The proposed revisions are intended to reorganize the regulation to make it easier to read and follow; simplify and streamline the requirements of the rule to ease administrative burdens faced by LSC recipients in implementing the regulation and to aid LSC in enforcement of the regulation; and to VerDate jul<14>2003 15:14 May 23, 2005 Jkt 205001 clarify the focus of the regulation on the financial eligibility of applicants for LSC-funded legal services. Comments must be submitted on or before June 23, 2005. DATES: Comments must be submitted in writing and may be sent by regular mail, or may be transmitted by fax or email to: Mattie C. Condray, Senior Assistant General Counsel, Office of Legal Affairs, Legal Services Corporation, 3333 K. St., NW., Washington, DC 20007–3522; (202) 337– 6519 (fax); mcondray@lsc.gov (e-mail). ADDRESSES: FOR FURTHER INFORMATION CONTACT: Mattie C. Condray, Senior Assistant General Counsel, Office of Legal Affairs, Legal Services Corporation, 3333 K. St., NW., Washington, DC 20007–3522; (202) 295–1624 (phone); (202) 337–6519 (fax); mcondray@lsc.gov (e-mail). Section 1007(a) of the Legal Services Corporation Act requires LSC to establish guidelines, including setting maximum income levels, for the determination of applicants’ financial eligibility for LSC-funded legal assistance. Part 1611 implements this provision, setting forth the requirements relating to determination and documentation of client financial eligibility. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00038 Fmt 4702 Sfmt 4702 Procedural Background On June 30, 2001, LSC initiated a Negotiated Rulemaking and appointed a Working Group comprised of representatives of LSC (including the Office of Inspector General), the National Legal Aid and Defenders Association, the Center for Law and Social Policy, the American Bar Association’s Standing Committee on Legal Aid and Indigent Defendants and a number of individual LSC recipient programs. The Negotiated Rulemaking Working Group met three times throughout 2002 and developed a Draft Notice of Proposed Rulemaking (NPRM) which was the basis for the NPRM published by LSC on November 22, 2002 proposing significant revisions to to Part 1611 (67 FR 70376). LSC received 15 comments on that NPRM. Except as specifically noted in the Section-by-Section analysis below, the comments LSC received either affirmatively supported or raised no objection to the proposals in the November 2002 NPRM.1 Upon receipt of the comments, LSC staff prepared a Draft Final Rule discussing the comments and making permanent the proposed revisions. 1 For additional discussion of the Negotiated Rulemaking Working Group, see 67 FR 70376 (November 22, 2002). E:\FR\FM\24MYP1.SGM 24MYP1

Agencies

[Federal Register Volume 70, Number 99 (Tuesday, May 24, 2005)]
[Proposed Rules]
[Pages 29694-29695]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-10299]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-P-7687]


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.

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

[[Page 29695]]

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  [Amended]

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

----------------------------------------------------------------------------------------------------------------
                                                                                         Depth in feet
                                                                                       above ground Elevation in
            State                City/town/       Source of           Location                feet (NAVD)
                                   county          flooding                          ---------------------------
                                                                                         Existing      Modified
----------------------------------------------------------------------------------------------------------------
Iowa........................  West Des Moines  Jordan Creek...  Approximately 3,210   None.........         924
                               (City) Polk                       feet downstream of
                               and Dallas                        68th Street.
                               Counties.
                                                                Approximately 1,950   None.........         970
                                                                 feet upstream of
                                                                 E.P. True Parkway.
                                               Raccoon River..  Approximately 75       814.........         816
                                                                 feet downstream of
                                                                 South First Street.
                                                                Approximately 1.7      832.........         833
                                                                 miles upstream of
                                                                 U.S. Interstate 35.
-----------------------------
Maps are available for inspection at City Hall, 4200 Mills Civic Parkway, West Des Moines, Iowa.
Send comments to The Honorable Eugene Meyer, Mayor, City of West Des Moines, 4200 Mills Civic Parkway, West Des
 Moines, Iowa 50265.
----------------------------------------------------------------------------------------------------------------


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

    Dated: May 18, 2005.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and 
Response Directorate.
[FR Doc. 05-10299 Filed 5-23-05; 8:45 am]
BILLING CODE 9110-12-P
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