[Federal Register Volume 68, Number 227 (Tuesday, November 25, 2003)]
[Rules and Regulations]
[Pages 66024-66025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-29357]


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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 (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).

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: 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: 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 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 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.

0
Accordingly, 44 CFR Part 67 is amended to read 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:

[[Page 66025]]



------------------------------------------------------------------------
                                                          Depth
                                                           in feet above
             Source of flooding and location                  ground.
                                                           *Elevation in
                                                            feet (NGVD)
------------------------------------------------------------------------
                       CALIFORNIA
---------------------------------------------------------
 San Pablo (City), Contra Costa County, (FEMA Docket No.
                         B-7408)
 
Wildcat Creek:
  Approximately 700 feet downstream of Rumrill Boulevard           *30
  Just downstream of Creek Vale Road....................           *81
San Pablo Creek:
  Approximately 50 feet downstream of Giant Road........           *24
  Approximately 100 feet upstream of Church Lane........           *57
 
Maps are available for inspection at One Alvarado
 Square, San Pablo, California.
---------------------------------------------------------
                         HAWAII
---------------------------------------------------------
         Hawaii County, (FEMA Docket No. B-7437)
 
Kaluiiki Branch:
  At confluence of Waipahoehoe Stream and Alenaio Stream          *754
  Approximately 200 feet upstream of Akala Road.........          *811
Waipahoehoe Stream:
  At confluence with Kaluiiki Branch and Alenaio Stream.          *754
  Approximately 100 feet upstream of Akala Road.........          *811
Alenaio Stream:
  Just upstream of Kaumana Drive........................          *708
  At confluence of Kaluiiki Branch and Waipahoehoe                *754
   Stream...............................................
 
Maps are available for inspection at the Hawaii County
 Department of Public Works, Engineering Division, 25
 Aupuni Street, Hilo, Hawaii.
------------------------------------------------------------------------


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

    Dated: November 18, 2003.
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response 
Directorate.
[FR Doc. 03-29357 Filed 11-24-03; 8:45 am]
BILLING CODE 9110-13-P