[Federal Register Volume 69, Number 3 (Tuesday, January 6, 2004)]
[Rules and Regulations]
[Pages 524-526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-166]



[[Page 524]]

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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.

-----------------------------------------------------------------------

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 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:

------------------------------------------------------------------------
                                                          Depth
                                                           in feet above
             Source of flooding and location                ground.  *
                                                           Elevation in
                                                            feet (NGVD)
------------------------------------------------------------------------
                       CALIFORNIA
---------------------------------------------------------
 
    Goleta (City), Santa Barbara County, (FEMA Docket
                 No. B-7439)
 
Maria Ygnacia Creek:
  Approximately 900 feet downstream of Hollister Avenue.          * 36
  Approximately 80 feet downstream of confluence of San           * 64
   Antonio Creek........................................
Maps are available for inspection at City Hall, 6500
 Hollister Avenue, Goleta, California.
 
 
 
  Santa Barbara County, (FEMA Docket No. B-
                          7435)
 
Atascadero Creek:
  Approximately 4,400 feet downstream of Patterson                * 14
   Avenue...............................................
  Approximately 2,850 feet upstream of Arroyo Road......          * 83
Maria Ygnacia Creek:
  At confluence with Atascadero Creek...................          * 27
  Approximately 1,400 feet upstream of San Marcos Road..         * 158
East Fork Maria Ygnacia Creek:
  At confluence with Maria Ygnacia Creek................         * 154
  Approximately 1,450 feet upstream of a private bridge.         * 250
San Antonio Creek:
  At confluence with Maria Ygnacia Creek................          * 68
  Approximately 500 feet upstream of Cathedral Oaks Road         * 165
 
Maps are available for inspection at the Flood Control
 District Office,123 Anapamu Street, Santa Barbara,
 California.
---------------------------------------------------------
 
                      SOUTH DAKOTA
---------------------------------------------------------
 
 Cheyenne River Sioux Tribe, Dewey and Ziebach Counties,
          (FEMA Docket No. B-7439)
 
Bear Creek:
  Approximately 5,800 feet upstream of State Route 65...        +2,345
  Approximately 1,200 feet upstream of U.S. Route 212...        +2,365
Cherry Creek:
  At confluence with Cheyenne River.....................        +1,723
  Approximately 7,000 feet upstream of Main Street......        +1,735
Cheyenne River:
  Approximately 6,200 feet upstream of confluence of            +1,714
   Plum Creek...........................................
  Approximately 17,300 feet upstream of confluence of           +1,728
   Cherry Creek.........................................
Virgin Creek:
  Approximately 5,800 feet downstream of U.S. Route 212.        +1,896

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  Approximately 3 miles upstream of U.S. Route 212......        +1,950
Maps are available for inspection at the Economic
 Development Center, Eagle Butte, South Dakota.
------------------------------------------------------------------------


------------------------------------------------------------------------
                                    Depth
                                     in feet above
                                      ground.  *
  Source of flooding and location    Elevation in   Communities affected
                                      feet (NGVD)
                                     +Elevation in
                                     feet (NAVD).
------------------------------------------------------------------------
                              SOUTH DAKOTA
 
           Hughes County (FEMA Docket No. B-7435)
------------------------------------------------------------------------
 
Missouri River:
  Approximately 8 miles downstream          +1,425  Hughes County
   from the confluence with Higers                   (Uninc. Areas), and
   Gulch.                                            City of Pierre
  Approximately 3 miles upstream            +1,431  ....................
   of the confluence with the
   Whisky Gulch.
------------------------------------------------------------------------
ADDRESSES
 
Unincorporated Areas Hughes County
 
Maps are available for inspection at City Hall, 222 East Dakota Avenue,
 Pierre, South Dakota.
------------------------------------------------------------------------
 
City of Pierre
 
Maps are available for inspection at City Hall, 222 East Dakota Avenue,
 Pierre, South Dakota.
------------------------------------------------------------------------
           Stanley County (FEMA Docket No. B-7435)
------------------------------------------------------------------------
 
Missouri River:
  Approximately 8 miles downstream          +1,425  Stanley County
   from the confluence with the                      (Uninc. Areas), and
   Bad River.                                        City of Fort Pierre
  Approximately 4 miles upstream            +1,431  ....................
   of the confluence with the Bad
   River.
------------------------------------------------------------------------
                                ADDRESSES
 
Unincorporated Areas Stanley County
 
Maps are available for inspection at 8 East Second Avenue, Fort Pierre,
 South Dakota.
 
City of Fort Pierre
 
Maps are available for inspection at 8 East Second Avenue, Fort Pierre,
 South Dakota.
------------------------------------------------------------------------
 
         Charles Mix County (FEMA Docket No. B-7439)
------------------------------------------------------------------------
 
Unnamed Creek (near Wagner):
  Approximately 400 feet upstream          * 1,413  Yankton Sioux Tribe
   of 396th Avenue.                                  and City of Wagner
  Approximately 600 feet                   * 1,458
   downstream of 394th Avenue.
Left Bank Tributary of Mosquito
 Creek (near Marty):
  Approximately 1,400 feet                 * 1,434  Yankton Sioux Tribe
   downstream of 303rd Street.
Approximately 1,950 feet upstream          * 1,458  ....................
 of 303rd Street.
------------------------------------------------------------------------
                                ADDRESSES
 
Yankton Sioux Tribe
 
Maps are available for inspection at 100 North Main Street, Marty, South
 Dakota.
 
City of Wagner:
 
Maps are available for inspection
 at City Hall, 106 Sheridan
 Avenue, Southeast, Wagner, South
 Dakota.
------------------------------------------------------------------------


------------------------------------------------------------------------
                                    Depth
                                     in feet above
                                      ground.  *
  Source of flooding and location    Elevation in   Communities affected
                                      feet (NGVD)
                                     +Elevation in
                                     feet (NAVD).
------------------------------------------------------------------------
                      NORTH DAKOTA AND SOUTH DAKOTA
  Standing Rock Indian Reservation (FEMA Docket No. B-7441)
------------------------------------------------------------------------
 
Cannonball River:

[[Page 526]]

 
  Approximately 4,300 feet                  +1,658  Standing Rock Indian
   downstream of Rice Street.                        Reservation, ND and
                                                     City of Solen
  Approximately 7,700 feet                  +1,668
   upstream of Rice Street.
Grand River (at Bullhead):
  Approximately 4,000 feet                  +1,759  Standing Rock Indian
   downstream of confluence of                       Reservation, SD
   Rock Creek.
  Approximately 4,600 feet                  +1,774
   upstream of confluence of Stink
   Creek.
Grand River (at Little Eagle):
  Approximately 3.4 miles                   +1,638  Standing Rock Indian
   downstream of the State Route                     Reservation, SD
   63.
  Approximately 2,000 feet                  +1,651
   upstream of Old Irrigation Dam.
Oak Creek:
  Approximately 7,500 feet                  +1,622  Standing Rock Indian
   downstream of Sewage Lagoons.                     Reservation, SD
  Approximately 2,900 feet                  +1,646
   upstream of Old Irrigation Dam.
Rock Creek:
  At confluence with Grand River            +1,761  Standing Rock Indian
   (at Bullhead).                                    Reservation, SD
  Approximately 7,500 feet                  +1,793
   upstream of Bullhead Road.
------------------------------------------------------------------------
                                ADDRESSES
 
Standing Rock Indian Reservation, ND and SD
 
Maps are available for inspection at the Department of Tribal Land
 Management, South River Road, Fort Yates, North Dakota.
 
City of Solen
 
Maps are available for inspection at the Engineering Department, 306
 Leach Street, Solen, North Dakota.
------------------------------------------------------------------------


(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance'')
    Dated: December 24, 2003.
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response 
Directorate.
[FR Doc. 04-166 Filed 1-5-04; 8:45 am]
BILLING CODE 6718-04-P