[Federal Register Volume 69, Number 157 (Monday, August 16, 2004)]
[Rules and Regulations]
[Pages 50324-50325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18687]


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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, 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 (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 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., Hazard 
Identification Section, Emergency Preparedness and Response 
Directorate, Federal Emergency Management Agency, 500 C Street, SW., 
Washington, DC 20472, (202) 646-2903.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency 
makes the final determinations listed below of BFEs and 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. 4105, and 44 CFR Part 
67.
    The Federal Emergency Management Agency 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 modified base 
flood elevations are required by the Flood Disaster Protection Act of 
1973, 42 U.S.C. 4105, and are required to establish and maintain 
community eligibility in the

[[Page 50325]]

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 Oct. 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 record keeping 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:

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                                                                                                  Depth
                                                                                                   in feet above
                                                                                                      ground.
                                                                                                   *Elevation in
          State                  City/town/county            Source of flooding        Location     feet (NGVD)
                                                                                                     Modified
                                                                                                   *Elevation in
                                                                                                    feet (NAVD)
                                                                                                     Modified
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KS.......................  Lansing (City) Leavenworth   Ninemile Creek North.......  ...........            *817
                            County (FEMA Docket No.
                            P7641).
                                                        North Fork of Ninemile       ...........            *843
                                                         Creek North.
                                                        Sevenmile Creek............  ...........            *821
                                                        Sevenmile Creek Tributary..  ...........            *773
 
Maps are available for inspection at the Community Development Department, 800 1st Terrace, Lansing, Kansas.
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KS.......................  Leavenworth County (FEMA     Ninemile Creek North (Lower  ...........            *771
                            Docket No. P7641).           Reach).
                                                        Ninemile Creek North (Upper  ...........            *906
                                                         Reach).
                                                        North Fork of Ninemile       ...........            *891
                                                         Creek North.
                                                        Sevenmile Creek (Upper       ...........            *826
                                                         Reach).
                                                        South Fork of Ninemile       ...........            *892
                                                         Creek North.
 
Maps are available for inspection at the Leavenworth County Courthouse, Planning and Zoning Department, 300
 Walnut Street, Leavenworth, Kansas.
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MO.......................  Piedmont (City) Wayne        McKenzie Creek.............  ...........            *520
                            County (FEMA Docket No.
                            P7641).
 
Maps are available for inspection at City Hall, 115 West Green Street, Piedmont, Missouri.
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MO.......................  Wayne County                 McKenzie Creek.............  ...........            *520
                            (Unincorporated Areas)
                            (FEMA Docket No. P7641).
 
Maps are available for inspection at the Wayne County Courthouse, 109 Walnut Street, Greenville, Missouri.
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NE.......................  Pilger (Village) Stanton     Elkhorn River..............  ...........           *1411
                            County (FEMA Docket No.
                            P7609).
 
Maps are available for inspection at 220 North Main Street, Pilger, Nebraska.
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NE.......................  Stanton (City) Stanton       Elkhorn River..............  ...........           *1462
                            County (FEMA Docket No.
                            P7609).
 
Maps are available for inspection at 800 Eleventh Street, Stanton, Nebraska.
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    Dated: August 10, 2004.

(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance'')
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and 
Response Directorate.
[FR Doc. 04-18687 Filed 8-13-04; 8:45 am]
BILLING CODE 9110-12-P