[Federal Register Volume 68, Number 145 (Tuesday, July 29, 2003)]
[Rules and Regulations]
[Pages 44465-44466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19245]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67


Final Flood Elevation Determinations

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

ACTION: Final rule.

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SUMMARY: Base (1% annual chance) flood elevations and modified base 
flood elevations are made final for the communities listed below. The 
base flood elevations and modified base flood elevations 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).

EFFECTIVE DATES: The date of issuance of the Flood Insurance Rate Map 
(FIRM) showing base flood elevations and modified base flood elevations 
for each community. This date may be obtained by contacting the office 
where the maps are available for inspection as indicated on the table 
below.

ADDRESSES: The final base flood elevations 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., FEMA, 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.
    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.
    The Agency has developed criteria for floodplain management in 
floodprone

[[Page 44466]]

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 Flood Insurance Rate Map 
available at the address cited below for each community.
    The base flood elevations and modified base flood elevations 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 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 final or modified base flood elevations 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 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.


0
Accordingly, 44 CFR Part 67 is amended as follows:

PART 67--[AMENDED]

0
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]

0
2. The tables published under the authority of Sec.  67.11 are amended 
as follows:

------------------------------------------------------------------------
                                                         Depth
                                                          in feet above
                                                             ground.
            Source of flooding and location               *Elevation in
                                                           feet (NGVD)
                                                        [sbull]Elevation
                                                         in feet (NAVD)
------------------------------------------------------------------------
                        ALABAMA
-------------------------------------------------------
 
Pike Road (Town), Montgomery County (FEMA Docket No. D-
                         7558)
 
Little Catoma Creek:
  Approximately 1.5 miles upstream of the confluence             *226
   of Little Catoma Creek Tributary 1.................
  Approximately 2.7 miles upstream of the confluence             *232
   of Little Catoma Creek Tributary 1.................
Little Catoma Creek Tributary 1:
  Approximately 4,400 feet upstream of the confluence            *225
   with Little Catoma Creek...........................
  Approximately 3,300 feet downstream of Carter Mill             *239
   Road...............................................
Maps available for inspection at the Pike Road Town
 Office, 915 Meriweather Road, Pike Road, Alabama.
-------------------------------------------------------
 
                     WEST VIRGINIA
-------------------------------------------------------
 
  Smithers (Town), Fayette and Kanawha Counties (FEMA
                  Docket No. D-7556)
 
Smithers Creek:
  Approximately 60 feet upstream of confluence with              *626
   Kanawha River......................................
  Approximately 640 feet upstream of County Route 22..           *652
Maps available for inspection at the Smithers Town
 Hall, 175 Michigan Avenue, Smithers, West Virginia
-------------------------------------------------------
 
                     WEST VIRGINIA
-------------------------------------------------------
 
 White Sulphur Springs (City), Greenbrier County (FEMA
                  Docket No. D-7564)
 
Howard Creek:
  Approximately 850 feet downstream of Greenbrier              *1,839
   Avenue.............................................
  At upstream corporate limits........................         *1,887
Dry Creek:
  At the confluence with Howard Creek.................         *1,848
  Approximately 0.45 mile of Interstate Route 64......         *1,883
Maps available for inspection at the White Sulphur
 Springs City Hall, 34 West Main Street, White Sulphur
 Springs, West Virginia.
------------------------------------------------------------------------

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

    Dated: July 21, 2003.
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response 
Directorate.
[FR Doc. 03-19245 Filed 7-28-03; 8:45 am]
BILLING CODE 6718-04-P