# [Amended]
**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:**
Mary Jean Pajak, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC, 20742, (202) 646-2831.
**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 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.
§ 67.4
2. The tables published under the authority of § 67.4 are proposed to be amended as follows:
| State | City/town/county | Source of flooding | Location | #Depth in feet above ground. *Elevation in feet. | Existing | Modified |
| --- | --- | --- | --- | --- | --- | --- |
| IL | Monmouth, (City) (Warren County) | Unnamed Creek | | *699-766 | | |
| Maps are available for inspection at the Zoning Office, City of Monmouth, 100 East Broadway, Monmouth, Illinois. | | | | | | |
| Send comments to The Honorable John R. Reitman, Mayor, City of Monmouth, 100 East Broadway, Monmouth, Illinois 61462. | | | | | | |
| IA | Hancock County (Unincorporated Areas) | Bear Creek | | *1,205 | | |
| | Winnebago River | | | *1,199-1,205 | | |
| Maps are available for inspection at the Hancock County Courthouse, 855 State Street, Garner, Iowa. | | | | | | |
| Send comments to The Honorable John Torkelson, Chairman, Hancock County, 855 State Street, Garner, Iowa 50438. | | | | | | |
| OH | Brunswick (City) (Medina County) | Plum Creek | Just upstream of Carpenter Road | None | *1,115 | |
| | | | Just downstream of Interstate 71 | None | *1,122 | |
| Maps are available for inspection City Hall, City of Brunswick, 4095 Center Street, Brunswick, Ohio. | | | | | | |
| Send comments to The Honorable Robert Trimble, City Manager, City of Brunswick, City Hall, 4095 Center Road, Brunswick, Ohio 44212. | | | | | | |
| OH | Elk City (City) (Beckham County) | Elk Creek | Approximately 90 feet downstream of Hughes Access Road | None | *1873.9 | |
| | | | At confluence of East and West Forks Elk Creek | None | *1890.2 | |
| | | East Fork Elk Creek | At confluence with Elk Creek | None | *1890.2 | |
| | | | Approximately
mile upstream of Westbound Oklahoma Highway 34/66 | None | *1930.6 | |
| State | City/town/county | Source of flooding | Location | *Elevation in feet (NAVD) | Existing | Modified |
| --- | --- | --- | --- | --- | --- | --- |
| OK | Elk City (City) (Beckham County) (Cont'd) | West Fork Elk Creek | At confluence with Elk Creek | None | *1890.2 | |
| | | | Approximately 0.3 miles upstream of Lori Lane | None | *1948.0 | |
| | | Tributary No. 1 | At confluence with West Fork Elk Creek | None | *1919.5 | |
| | | | Approximately 30 feet upstream of Hoover Drive | None | *1936.7 | |
| | | Tributary No. 2 | At confluence with Elk Creek | None | *1882.1 | |
| | | | Approximatley 160 feet upstream of Cedar Village Trailer Park | None | *1979.1 | |
| Maps are available for inspection at 120 South Jefferson Street, Elk City, Oklahoma. | | | | | | |
| Send comments to The Honorable Theresa Mullikan, Mayor, City of Elk City, P.O. Box 236, Elk City, Oklahoma 73648. | | | | | | |
| State | City/town/county | Source of flooding | Location | #Depth in feet above ground. *Elevation in feet | Existing | Modified |
| --- | --- | --- | --- | --- | --- | --- |
| WI | Darlington (City) (Lafayette County) | Pecatonica River | Approximately 200 feet downstream of main Street | *822 | *823 | |
| | Darlington (City) (cont'd) (Lafayette County) | Pecatonica River | At upstream corporate limit, approximately 1,650 feet upstream of the Union Pacific Railroad | *826 | *827 | |
| Maps are available for inspection at City Hall, 627 Main Street, Darlington, Wisconsin. | | | | | | |
| Send comments to The Honorable Dave Breunig, Mayor, City of Darlington, 627 Main Street, Darlington, Wisonsin 53530. | | | | | | |
| WI | Lafayette County (Unincorporated Areas) | Pecatonica River | Approximately 1,000 feet upstream of the confluence of Vinegar Branch of the City of Darlington corporate limits. | *821 | *822 | |
| | | | Just downstream of the Union Pacific Railroad, approximately 2,500 feet downstream of Ferndale Road. | *840 | *841 | |
| Maps are available for inspection at Lafayette County Court House, 627 Washington Street, Darlington, Wisconsin. | | | | | | |
| Send comments to The Honorable George Williams, Lafayette County Board Chairman, 627 Washington Street, Darlington, Wisconsin 53530. | | | | | | |
(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”)
Dated: April 23, 2003.
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response Directorate.