[Federal Register Volume 69, Number 119 (Tuesday, June 22, 2004)]
[Rules and Regulations]
[Pages 34588-34590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14103]


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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).

DATES: 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

[[Page 34589]]

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.
                                                              *Elevation
               Source of flooding and location                  in feet
                                                                (NGVG)
                                                              +Elevation
                                                                in feet
                                                                (NAVD)
------------------------------------------------------------------------
                           ARIZONA
-------------------------------------------------------------
 
            Gila County, (FEMA Docket No. B-7435)
 
Bloody Tanks Wash:
  Just upstream of Mine Road................................      *3,310
  Just upstream of New Street...............................      *3,357
  Approximately 1,700 feet upstream of Southern Pacific           *3,398
   Railroad crossing........................................
Coyote Wash:
  At confluence with Russell Gulch..........................      *3,445
  Approximately 2,400 feet upstream of Russell Road.........      *3,643
Ice House Canyon:
  At Pueblo Ruins Road......................................      *3,600
  Just upstream of Pinal View Road..........................      *3,670
  At confluence of Kellner Canyon...........................      *3,781
Kellner Canyon:
  At confluence with Ice House Canyon.......................      *3,781
  Approximately 250 feet upstream of Kellner Canyon Road....      *3,855
McMillen Wash:
  Just downstream of 7th Street.............................      *3,580
Pinal Creek (at Globe):
  Approximately 2,400 feet downstream of U.S. Highway 60/70.      *3,417
  Just upstream of Dickson Drive............................      *3,633
  Approximately 3,400 feet upstream of Six Shooter Canyon         *3,809
   Road.....................................................
Roberts Wash:
  At confluence with Russell Gulch..........................      *3,348
  Approximately 300 feet upstream of Roberts Road...........      *3,429
Russell Gulch:
  Approximately 800 feet downstream of U.S. Highway 60/70...      *3,304
  At confluence of Coyote Wash..............................      *3,444
  Approximately 5,000 feet upstream of confluence of Coyote       *3,563
   Wash.....................................................
Watertank Wash:
  At confluence with Russell Gulch..........................      *3,352
  Just upstream of Landfill Lane *3,432.....................
  Approximately 5,400 feet upstream of Landfill Lane........      *3,681
 
Maps are available for inspection at the Gila County
 Courthouse, 1400 East Ash Street, and at the Public Library
 Office First Floor Planning and Zoning Counter, Globe,
 Arizona.
 
                           ------
 
     Miami (Town), Gila County (FEMA Docket No. B-7435)
 
Bloody Tanks Wash:
  Approximately 850 feet upstream of Southern Pacific             *3,381
   Railroad crossing........................................
  Approximately 1,700 feet upstream of Southern Pacific           *3,398
   Railroad crossing........................................
 
Maps are available for inspection at the Miami Town Hall,
 500 Sullivan Street, and the Memorial Library, 1052 Anonis
 Avenue, Miami, Arizona.
 
                           ------
 
     Globe (City), Gila County (FEMA Docket No. B-7435)
 
Ice House Canyon:
  At confluence with Pinal Creek (at Globe).................      *3,578
  Approximately 100 feet upstream of Pueblo Ruins Road......      *3,602
McMillen Wash:
  At confluence with Pinal Creek (at Globe).................      *3,539
  Just upstream of U.S. Highway 60/70.......................      *3,625
  Just downstream of West Mesquite Street...................      *3,768
Pinal Creek (at Globe):
  Approximately 200 feet upstream of Ruiz Canyon Road.......      *3,539
  Approximately 1,200 feet upstream of confluence of Ice          *3,592
   House Canyon.............................................
Russell Gulch:
  Just downstream of Hospital Drive.........................      *3,324
  At confluence of Roberts Wash.............................      *3,347
  Approximately 1,000 feet upstream of confluence of              *3,363
   Watermark Wash...........................................
Watertank Wash:
  Approximately 4,000 feet upstream of Landfill Lane........      *3,602
  Approximately 4,500 feet upstream of Landfill Lane........      *3,630
 
Maps are available for inspection at the Globe City Hall,
 150 North Pine Street, and at the Public Library, 339 South
 Broad Street, Globe, Arizona.
-------------------------------------------------------------
 
                         CALIFORNIA
-------------------------------------------------------------
 
         Stanislaus County, (FEMA Docket No. B-7443)
 
Stanislaus River:
  Approximately 5 miles downstream of State Highway 99......         *45
  Approximately 1,600 feet upstream of Orange Blossom Road..        *131
 
Maps are available for inspection at 1010 10th Street,
 Modesto, California.
 
                           ------
 
   Oakdale (City), Chelan County, (FEMA Docket No. B-7443)
 
Stanislaus River:
  Approximately 4,700 feet downstream of State Highway 120..        *101
  Approximately 2 miles upstream of State Highway 120.......        *114
 
Maps are available for inspection at the Community
 Development Department, 455 South Fifth Avenue, Oakdale,
 California or the Stanislaus County Library (Oakdale
 Branch) 151 South First Avenue, Oakdale, California.
 
                           ------
 
  Riverbank (City), Chelan County, (FEMA Docket No. B-7443)
 
Stanislaus River:

[[Page 34590]]

 
  Approximately 4,800 feet downstream of Riverbank Highway..         *84
  Approximately 4,000 feet upstream of Riverbank Highway....         *87
 
Maps are available for inspection at City Hall, 6707 Third
 Street, Riverbank, California.
-------------------------------------------------------------
 
                          COLORADO
-------------------------------------------------------------
 
           Pitkin County, (FEMA Docket No. B-7439)
 
Southside Split Flow:
  Approximately 1,200 feet downstream of State Highway 82         *6,558
   Bypass...................................................
  Approximately 6,000 feet upstream of State Highway 82           *6,637
   Bypass...................................................
Roaring Fork River:
  Approximately 5,500 feet downstream of Hooks Spur Road....      *6,526
  Approximately 50 feet downstream of confluence of Snowmass      *6,844
   Creek....................................................
 
Maps are available for inspection at the GIS Department, 130
 South Galena Street, Aspen, Colorado.
-------------------------------------------------------------
 
                           MONTANA
-------------------------------------------------------------
 
 Fort Peck Assionboine and Sioux Tribes (FEMA Docket No. B-
                            7443)
 
Big Muddy Creek:
  At confluence with Missouri River.........................      +1,914
  Approximately 2 miles upstream of State Route 258 bridge..      +1,965
Missouri River:
  Approximately 8 miles downstream of confluence with Big         +1,910
   Muddy Creek..............................................
  Approximately 2,000 feet upstream of the confluence with        +2,032
   Milk River...............................................
Poplar River:
  At confluence with Missouri River.........................      +1,955
  Approximately 1,200 feet downstream of the confluence with      +2,191
   West Fork Poplar River...................................
Porcupine Creek:
  Approximately 3,600 feet downstream of U.S. Highway 2.....      +2,058
  Approximately 5 miles downstream of Midway Dam at the           +2,575
   boundary of Section 26 and 35 Township 32 North Range 40
   East.....................................................
 
Maps are available for inspection at 501 Medicine Bear Road,
 Poplar, Montana.
-------------------------------------------------------------
 
                           OREGON
-------------------------------------------------------------
 
 Portland (City), Clackamas/ Multnomah County, (FEMA Docket
                         No. B-7433)
 
Crystal Springs Creek:
  Just downstream of SE Sherret Street at confluence with            *48
   Johnson Creek............................................
  Approximately 1,150 feet upstream of 28th Avenue..........         *77
Johnson Creek:
  Just upstream of SE Ochoco Street.........................         *44
  Just downstream of Circle Avenue..........................        *252
 
Maps are available for inspection at the Office of Planning
 and Development Review, 1900 Southwest Fourth Avenue, Room
 50, Portland, Oregon.
-------------------------------------------------------------
 
                         WASHINGTON
-------------------------------------------------------------
 
           Chelan County, (FEMA Docket No. B-7443)
 
Wenatchee River:
  Approximately 100 feet upstream of Old Monitor Road.......        *717
  Approximately 1.7 miles upstream of Main Street...........      *1,046
 
Maps are available for inspection at the Department of
 Public Works, 350 Orondo Street, Wenatchee, Washington.
 
                           ------
 
Cashmere (City), Chelan County, (FEMA Docket No.
                           B-7443)
 
Wenatchee River:
  Approximately 1,300 feet downstream of Cottage Avenue.....        *756
  Approximately 1.7 miles upstream of Cottage Avenue........        *763
 
Maps are available for inspection at City Hall, 101 Woodring
 Street, Cashmere, Washington.
------------------------------------------------------------------------


(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance'')
    Dated: June 15, 2004.
Archibald C. Reid, III,
Acting Director, Mitigation Division, Emergency Preparedness and 
Response Directorate.
[FR Doc. 04-14103 Filed 6-21-04; 8:45 am]
BILLING CODE 9110-12-P