[Federal Register Volume 68, Number 8 (Monday, January 13, 2003)]
[Rules and Regulations]
[Pages 1550-1554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-604]


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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 67


Final Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Final rule.

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SUMMARY: Base (1% annual chance) Flood Elevations (BFEs) and modified 
BFEs are made final for the communities listed below. The BFEs and 
modified BFEs are the basis for the floodplain management measures that 
each 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).

[[Page 1551]]


EFFECTIVE DATE: The date of issuance of the Flood Insurance Rate Map 
(FIRM) showing BFEs and modified BFEs for each community. This date may 
be obtained by contacting the office where the FIRM is available for 
inspection as indicated in the table below.

ADDRESSES: The final 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: Mike M. Grimm, Acting, Chief, Hazards 
Study Branch, Federal Insurance and Mitigation Administration, FEMA, 
500 C Street SW., Washington, DC 20472, (202) 646-3461, or (e-mail) 
[email protected].

SUPPLEMENTARY INFORMATION: FEMA makes the final determinations listed 
below of BFEs and modified BFEs for each community listed. The proposed 
BFEs and proposed modified BFEs were published in newspapers of local 
circulation and an opportunity for the community or individuals to 
appeal the proposed determinations to or through the community was 
provided for a period of ninety (90) days. The proposed BFEs and 
proposed modified BFEs were also published in the Federal Register.
    This final rule is issued in accordance with Section 110 of the 
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 
67.
    FEMA has developed criteria for floodplain management in floodprone 
areas in accordance with 44 CFR part 60.
    Interested lessees and owners of real property are encouraged to 
review the proof Flood Insurance Study and FIRM available at the 
address cited below for each community.
    The BFEs and modified BFEs are made final in the communities listed 
below. Elevations at selected locations in each community are shown.
    National Environmental Policy Act. This 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 Administrator, Federal Insurance 
and Mitigation Administration certifies that this rule is exempt from 
the requirements of the Regulatory Flexibility Act because final 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 final 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 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 amended to read 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.  67.11  [Amended]

    2. The tables published under the authority of Sec.  67.11 are 
amended as follows:

------------------------------------------------------------------------
                                                          Depth
                                                           in feet above
             Source of flooding and location                  ground.
                                                           *Elevation in
                                                           feet (NGVD).
------------------------------------------------------------------------
                         ALASKA
---------------------------------------------------------
 
  Matanuska-Susitna (City), Borough County (FEMA Docket
                       No. B-7318)
 
Talkeetna River Overflow:
  Just west of Talkeetna Spur Highway...................          *341
  At East Bank of Talkeetna River.......................          *351
 
Maps are available for inspection at the Code Compliance
 Department, 350 East Dahlia Avenue, Palmer, Alaska.
---------------------------------------------------------
 
                       CALIFORNIA
---------------------------------------------------------
 
Tehama County and Incorporated Areas, (FEMA Docket No. B-
                          7430)
 
Reeds Creek:
  Approximately 250 feet upstream of Paskenta Road......          *285
  Approximately 1,000 feet upstream of confluence of              *309
   Pine Creek...........................................
 
Maps are available for inspection at the Tehama County
 Building Department, 444 Oak Street, Red Bluff,
 California.
---------------------------------------------------------
 
                        MISSOURI
---------------------------------------------------------
 
 Clay County and Incorporated Areas, (FEMA Docket No. B-
                          7427)
 
East Fork Fishing River:
  Confluence with Fishing River.........................          *745
  Just upstream of 112th Street.........................          *749
  Approximately 3,800 feet downstream of Seabold Road...          *756
Fishing River:
  Just upstream of Clay/Ray County Border...............          *730
  Just upstream of Jesse James Farm Road................          *778
  Just downstream of Interstate 35 bridge...............          *788
  Approximately 4,800 feet upstream of Highway A........          *859
Crockett Creek:
  Approximately 250 feet upstream of confluence with              *772
   Holmes Creek.........................................
  Just downstream of 12th Street........................          *783
  Just upstream of Stockdale Road.......................          *790
Holmes Creek:
  Approximately 250 feet upstream confluence of Crockett          *772
   Creek................................................
  Just upstream of Summersette Road.....................          *777
  Just upstream of Highway 33...........................          *813
Clear Creek:
  Confluence with Fishing River.........................          *777
  Just upstream of 140th Street bridge..................          *778
  Just downstream of Interstate 35......................          *794
  Approximately 6,300 feet upstream of Nation Road......          *824
First Creek:
  Confluence with Second Creek (Approximately 1,000 feet          *818
   downstream of Highway 92 bridge).....................
  Just upstream of 144th Street bridge..................          *851
  Approximately 2,600 feet upstream of 144th Street               *860
   bridge...............................................
Second Creek:
  Approximately 1,550 feet upstream of Main Street......          *814
  Confluence of First Creek (Approximately 1,000 feet             *818
   downstream of Highway 92 bridge).....................
Rocky Branch:
  Approximately 1,150 feet upstream from confluence with          *846
   Wilkerson Creek......................................
Polecat Creek:
  Confluence with Wilkerson Creek.......................          *881
  Approximately 2,500 feet upstream of Mt. Olive Road...          *932

[[Page 1552]]

 
Wilkerson Creek:
  Approximately 1,500 feet upstream of confluence with            *816
   Little Platte River..................................
  Just downstream of Highway 92.........................          *840
  Approximately 5,000 feet upstream of 132nd Street               *906
   bridge...............................................
 
Maps are available for inspection at 234 West Shrader
 Street, Suite C., Liberty, Missouri.
 
                         ------
 
 Excelsior Springs (City), Clay County, (FEMA Docket No.
                         B-7427)
 
East Fork Fishing River:
  Approximately 3,800 feet downstream of Seabold Road...          *756
  Just upstream of Seabold Road.........................          *759
 
Maps are available for inspection at City Hall, 201 East
 Broadway, Excelsior Springs, Missouri.
 
                         ------
 
  Kearney (City), Clay County, (FEMA Docket No. B-7427)
 
Fishing River:
  Approximately 5,000 feet downstream of Highway 3......          *780
  Just downstream of Burlington North Railroad bridge...          *786
Clear Creek:
  Approximately 1,150 feet downstream of Summit Street..          *783
  Just downstream of Interstate 35......................          *794
  Approximately 1,000 feet upstream of Highway 33.......          *801
 
Maps are available for inspection at City Hall, 100 East
 Washington Street, Kearney, Missouri.
 
                         ------
 
   Mosby (City), Clay County, (FEMA Docket No. B-7427)
 
Fishing River:
  Approximately 1,600 feet downstream of Mosby Road.....          *763
  Approximately 400 feet upstream of U.S. Highway 69....          *777
Holmes Creek:
  At the confluence with Fishing River..................          *772
  Approximately 350 feet upstream of West Mosby Road....          *772
Crockett Creek:
  Confluence with Holmes Creek..........................          *772
  Approximately 350 feet upstream of the confluence with          *772
   Holmes Creek.........................................
 
Maps are available for inspection at City Hall, 12312
 4th Street, Mosby, Missouri.
 
                         ------
 
Prathersville (Village), Clay County, (FEMA Docket No. B-
                          7427)
 
Fishing River:
  Approximately 6,600 feet downstream of Highway H......          *752
  Just downstream of Highway H..........................          *757
  Approximately 1,600 feet downstream of Mosby Road.....          *764
Williams Creek:
  At the confluence with Fishing River..................          *760
  Approximately 550 feet upstream of the Chicago Rock             *764
   Island and Pacific Railroad..........................
 
Maps are available for inspection at City Hall, 12212
 County Road, Excelsior Springs, Missouri.
 
                         ------
 
Smithville (City), Clay County, (FEMA Docket No. B-7427)
 
First Creek:
  Approximately 2,900 feet upstream of 144th Street.....          *861
Rocky Branch:
  Confluence with Wilkerson Creek.......................          *846
  Just upstream of 140th Street.........................          *865
Wilkerson Creek:
  Confluence with Little Platte River...................          *814
  Approximately 1,500 feet downstream of 144th Street             *851
   bridge...............................................
Second Creek:
  Confluence with Little Platte River...................          *814
  Approximately 1,550 feet upstream from Main Street....          *814
 
Maps are available for inspection at City Hall, 107 Main
 Street, Smithville, Missouri.
---------------------------------------------------------
 
                      NORTH DAKOTA
---------------------------------------------------------
 
  Langdon (City), Cavalier County, (FEMA Docket No. B-
                          7430)
 
Mulberry Creek:
  Approximately 250 feet downstream of Highway 5........        +1,597
  Confluence of 5th Street Coulee.......................        +1,600
  Just downstream of Highway 1..........................        +1,608
ND Highway 1 Ditch:
  Approximately 450 feet upstream of Simplot Crossing...        +1,609
  Approximately 1,500 feet upstream of Highway..........        +1,612
Diversion Channel:
  Approximately 300 feet downstream of 10th Street......        +1,610
  Approximately 700 feet upstream of 10th Street........        +1,612
5th Street Coulee:
  Confluence with Mulberry Creek........................        +1,600
  Just downstream of 12th Avenue........................        +1,605
  Approximately 1,400 feet upstream of 18th Avenue......        +1,609
 
Maps are available for inspection at City Hall, 324
 Eighth Avenue, Langdon, North Dakota.
---------------------------------------------------------
 
                      SOUTH DAKOTA
---------------------------------------------------------
 
  Minnehaha County and Incorporated Areas, (FEMA Docket
                       No. B-7430)
 
Skunk Creek:
  Approximately 4,400 feet downstream of U.S. Highway 16        *1,431
  Just upstream of County Route 139.....................        *1,444
  Approximately 150 feet upstream of County Route 142...        *1,448
Maps are available for inspection at the County
 Administration Building, 415 North Dakota Avenue, Sioux
 Falls, South Dakota.
 
                         ------
 
 Hill City (City), Pennington County (FEMA Docket No. B-
                          7424)
 
Spring Creek:
  At approximately 50 feet upstream of Hill City power          *4,937
   line located at approximately 2,000 feet upstream of
   U.S. Highway 385 and 16..............................
  At approximately 1,400 feet upstream of Poplar Street         *5,013
   and Bishop Mountain Avenue Intersection..............
Newton Fork Creek:
  At Museum Drive.......................................        *4,967
  Approximately 1,900 feet upstream of Museum Drive.....        *4,981
 
Maps are available for inspection at the City Hall, 324
 Main Street, Hill City, South Dakota.
------------------------------------------------------------------------


[[Page 1553]]


------------------------------------------------------------------------
                                    Depth
                                     in feet above
                                        ground.
  Source of flooding and location    *Elevation in  Communities affected
                                      feet (NGVD)
                                     +Elevation in
                                      feet (NAVD)
------------------------------------------------------------------------
            NEW MEXICO
-----------------------------------
 
   Quay County and Incorporated
  Areas, (FEMA Docket No. B-7430)
 
Arroyo 1:
  Confluence with Lake Tucumcari..         +4,016   Quay County (Uninc.
                                                     Areas).
  Just downstream Chicago Rock             +4,040
   Island and Pacific Railroad.
Arroyo 1A:
  Confluence with Arroyo 1........         +4,033   Quay County (Uninc.
                                                     Areas).
  Approximately 245 feet upstream          +4,080
   of Quay Road AL.
Arroyo 2:
  Confluence with Lake Tucumcari..         +4,016   Quay County (Uninc.
                                                     Areas).
  Approximately 4,100 feet                 +4,043
   upstream of confluence with
   Lake Tucumcari.
Arroyo 3:
  Confluence with Lake Tucumcari..         +4,016   Quay County (Uninc.
                                                     Areas), City of
                                                     Tucumcari.
  Approximately 1,750 feet                 +4,079
   upstream of U.S. Highway 54.
Arroyo 4:
  Confluence with Lake Tucumcari..         +4,016   Quay County (Uninc.
                                                     Areas), City of
                                                     Tucumcari.
  Just downstream of New Mexico            +4,139
   Highway 18.
Arroyo 4D:
  Confluence with Arroyo 4........         +4,036   Quay County (Uninc.
                                                     Areas).
  Approximately 650 feet upstream          +4,063
   of U.S. Interstate 40.
Arroyo 4D Overflow:
  Confluence with Lake Tucumcari..         +4,016   Quay County (Uninc.
                                                     Areas), City of
                                                     Tucumcari.
  Just downstream of Tucumcari             +4,033
   Boulevard.
  Confluence with Lake Tucumcari..         +4,016
  Approximately 420 feet                   +4,023
   downstream of Laughlin Avenue.
Arroyo 4F (Rankin Draw):
  Just upstream of Tucumcari               +4,034   Quay County (Uninc.
   Boulevard.                                        Areas), City of
                                                     Tucumcari.
  Approximately 180 feet upstream          +4,089
   of South Monroe Street.
Arroyo 5:
  Approximately 2,300 feet                 +4,057   Quay County (Uninc.
   downstream of Chicago Rock                        Areas), City of
   Island and Pacific Railroad.                      Tucumcari.
  Approximately 2,650 feet                 +4,159
   upstream of the confluence of
   Arroyo 5B.
Arroyo 5B:
  Confluence with Arroyo 5........         +4,124   Quay County (Uninc.
                                                     Areas).
  Approximately 1,900 feet                 +4,150
   upstream of the confluence with
   Arroyo 5.
Arroyo 6:
  Approximately 2,850 feet                 +4,068   Quay County (Uninc.
   downstream of Chicago Rock                        Areas), City of
   Island and Pacific Railroad.                      Tucumcari.
  Approximately 4,100 feet                 +4,185
   upstream of Eastbound
   Interstate 40.
Arroyo 6A:
  Confluence with Arroyo 6........         +4,096   Quay County (Uninc.
                                                     Areas), City of
                                                     Tucumcari.
  Approximately 2,500 feet                 +4,169
   upstream of I-40 Ramp A.
Arroyo 7 (Bluewater Creek):
  Approximately 2,600 feet                 +4,061   Quay County (Uninc.
   downstream of confluence of                       Areas), City of
   Arroyo 7A.                                        Tucumcari.
  Approximately 4,500 feet                 +4,109
   upstream of confluence of
   Arroyo 7B.
Arroyo 7B:
  At confluence with Arroyo 7.....         +4,091   Quay County (Uninc.
                                                     Areas), City of
                                                     Tucumcari.
  Approximately 3,500 feet                 +4,131
   upstream of confluence of
   Arroyo 7C.
Arroyo 7C:
  At confluence with Arroyo 7B....         +4,108   Quay County (Uninc.
                                                     Areas), City of
                                                     Tucumcari.
  At Chicago Rock Island and               +4,155
   Pacific Railroad.
San Jon Creek:
  Approximately 1,000 feet                 +4,021   Village of San Jon
   upstream of sewage disposal                       and Quay County
   area.                                             (Uninc. Areas).
  Approximately 450 feet                   +4,034
   downstream of Fourth Street.
-----------------------------------
                                ADDRESSES
                   Quay County (Unincorporated Areas)
 
Maps are available for inspection at Quay County Clerks Office, 300
 South 3rd Street, Tucumcari, New Mexico.
 

[[Page 1554]]

 
City of Tucumcari:
Maps are available for inspection at City Hall, 512 South 8th Street,
 Tucumcari, New Mexico.
 
Village of San Jon:
Maps are available for inspection at City Hall, 507 Elm Avenue, San Jon,
 New Mexico.
-----------------------------------                 --------------------
             OKLAHOMA
-----------------------------------
 
Kingfisher County and Incorporated
  Areas, (FEMA Docket No. B-7430)
 
Cimarron River:
  Approximately 9,000 feet                   *969   Kingfisher County
   downstream of the confluence                      (Uninc. Areas).
   with Campbell Creek.
  Approximately 750 feet                   *1,044
   downstream of County Road NS282.
  Approximately 2,800 feet                 *1,120
   upstream of County Road EW60.
Kingfisher Creek:
  At confluence with Cimarron              *1,018   Kingfisher County
   River.                                            (Uninc. Areas),
                                                     City of Kingfisher.
  Approximately 1,000 feet                 *1,047
   downstream of 13th Street.
Little Turkey Creek:
  Approximately 1,000 feet                 *1,063   Kingfisher County
   upstream of County Road EW68.                     (Uninc. Areas).
  Approximately 3,200 feet                 *1,116
   upstream of State Highway 81.
Turkey Creek (Main Channel):
  Approximately 60 feet upstream           *1,038   Kingfisher County
   of County Road EW715.                             (Uninc. Areas).
  Approximately 4,500 feet                 *1,093
   upstream of U.S. Highway 81.
Turkey Creek Split Flow:
  Approximately 2,400 feet                 *1,028   Kingfisher County
   downstream of U.S. Route 81.                      (Uninc. Areas),
                                                     Town of Dover.
  Approximately 1,400 feet                 *1,043
   upstream of County Road EW71.
-----------------------------------
                                ADDRESSES
                Kingfisher County (Unincorporated Areas)
 
Maps are available for inspection at the Kingfisher County Floodplain
 Administrator's Office, County Courthouse, 101 South Main Street, Room
 5, Kingfisher, Oklahoma.
 
City of Kingfisher:
Maps are available for inspection at City Hall, 301 North Main Street,
 Kingfisher, Oklahoma.
 
Town of Dover:
Maps are available for inspection at the Town Hall, 101 North Chisholm,
 Dover, Oklahoma.
 
------------------------------------------------------------------------


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

    Dated: December 31, 2002.
Anthony S. Lowe,
Administrator, Federal Insurance and Mitigation Administration.
[FR Doc. 03-604 Filed 1-10-03; 8:45 am]
BILLING CODE 6718-04-P