[Federal Register Volume 69, Number 64 (Friday, April 2, 2004)]
[Rules and Regulations]
[Pages 17312-17313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7440]


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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:

------------------------------------------------------------------------
                                                          Depth
                                                           in feet above
                                                              ground
             Source of flooding and location               *Elevation in
                                                            feet (NGVD)
                                                           +Elevation in
                                                            feet (NAVD)
------------------------------------------------------------------------
                        COLORADO
---------------------------------------------------------
 
City and County, Broomfield (FEMA Docket No.
                         B-7439)
 
Rock Creek:
  At Brainard Drive (Country Road 19)...................        *5,309
  Approximately 200 feet upstream of West Flatiron              +5,373
   Bridge...............................................
Maps are available for inspection at City Hall, One
 Descombes Drive, Broomfield, Colorado.
---------------------------------------------------------
 
                          IDAHO
---------------------------------------------------------
 
  Kootenai County, (FEMA Docket No. B-7439)
 
Coeur d'Alene River:
  Approximately 1.5 miles downstream of Interstate              *2,145
   Highway 90...........................................
  Approximately 100 feet upstream of the Abandoned Union        *2,151
   Pacific Railroad.....................................
Coeur d'Alene River Overflow:
  At Tamarack Ridge Road Mission Flats area north of            *2,145
   Interstate 90........................................
Maps are available for inspection at the Kootenai County
 Planning Department, 451 Government Way, Coeur d'Alene,
 Idaho.
 
------------------------------------------------------------------------


[[Page 17313]]


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                                                      Depth
                                                       in feet above
                                                          ground
          Source of flooding and location              *Elevation in              Communities affected
                                                        feet (NGVD)
                                                       +Elevation in
                                                        feet (NAVD)
----------------------------------------------------------------------------------------------------------------
                      WYOMING
----------------------------------------------------
 
Natrona County (FEMA Docket No. B-7435)
 
Casper Creek:
  Approximately 300 feet upstream from the                     *5,116  Natrona County (Uninc. Areas), and Town
   confluence with North Platte River.                                  of Mills.
  Approximately 4 miles upstream of State Highway              *5,199
   26 (West Chase Road).
Eastdale Creek:
  Approximately 1,250 feet downstream of East                  *5,103  Natrona County (Uninc. Areas), and City
   Yellowstone Highway.                                                 of Casper.
  Approximately 100 feet downstream of Wyoming                 *5,482
   Boulevard.
East Branch Eastdale Creek:
  At the confluence with the Eastdale Creek........            *5,292  Natrona County (Uninc. Areas).
  Just downstream of Wyoming Boulevard.............            *5,480
Elkhorn Creek:
  At the confluence with the North Platte River....            *5,077  Natrona County (Uninc. Areas), Town of
                                                                        Evansville, and City of Casper.
  Approximately 4,500 feet upstream of Interstate              *5,184
   25.
  Approximately 6,500 feet upstream of Spring Creek            *5,972
   Branch Road.
Garden Creek:
  Approximately 100 feet upstream of Garden Creek              *5,619  Natrona County (Uninc. Areas).
   Road.
  Approximately 1,700 feet upstream of Garden Creek            *6,313
   Road.
Garden Creek, West Branch:
  At the confluence with Garden Creek..............            *5,684  Natrona County (Uninc. Areas).
  Approximately 2,300 feet upstream of Garden Creek            *6,634
   Road.
North Platte River:
  Approximately 800 feet upstream of U.S. Highway              *5,116  Town of Mills.
   20 and 26.
  Approximately 2,000 feet upstream of Wyoming                 *5,120
   Boulevard.
----------------------------------------------------
                                                   ADDRESSES:
                                      Unincorporated Areas Natrona County:
 
    Maps are available for inspection at the Natrona County Annex, 120 West First Street, Suite 200, Casper,
                                                    Wyoming.
                                               Town of Evansville:
 
     Maps are available for inspection at the Evansville Town Hall, 235 Curtis Street, Evansville, Wyoming.
                                                 City of Casper:
 
            Maps are available for inspection at City Hall, 200 North David Street, Casper, Wyoming.
                                                 Town of Mills:
 
       Maps are available for inspection at the Town of Mills, Town Hall, 704 4th Street, Mills, Wyoming.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance.'')

    Dated: March 24, 2004.
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response 
Directorate.
[FR Doc. 04-7440 Filed 4-1-04; 8:45 am]
BILLING CODE 9110-12-P