[Federal Register Volume 71, Number 39 (Tuesday, February 28, 2006)]
[Rules and Regulations]
[Pages 9975-9976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1823]


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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), 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).

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 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, 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 for the 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 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 
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 
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 13132, Federalism. This rule involves no policies 
that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This rule meets the 
applicable standards of Executive Order 12988.

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 feet
     State          City/town/county       Source of flooding           Location             (NGVD) Modified
                                                                                           [sdiam]Elevation in
                                                                                           feet (NAVD) Modified
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NM.............  Silver City (Town)      Central Arroyo........  At the confluence with             [sdiam]6,013
                  Grant County (FEMA                              Maude's Creek.
                  Docket No. P7699).
                                                                 Approximately 7,770                [sdiam]6,193
                                                                  feet upstream of the
                                                                  confluence with
                                                                  Maude's Creek.

[[Page 9976]]

 
                                         Cottonwood Creek......  Approximately 800 feet             [sdiam]5,953
                                                                  upstream of the
                                                                  confluence with Silva
                                                                  Creek.
                                                                 Approximately 190 feet             [sdiam]6,067
                                                                  upstream of Cain
                                                                  Drive.
                                         Maude's Creek.........  Approximately 210 feet             [sdiam]6,000
                                                                  downstream of U.S.
                                                                  Route 180.
                                                                 Approximately 6,100                [sdiam]6,125
                                                                  feet upstream of U.S.
                                                                  Route 180.
                                         Pinos Altos Creek.....  Approximately 1,200                [sdiam]6,042
                                                                  feet upstream of 32nd
                                                                  Street.
                                                                 Approximately 3,770                [sdiam]6,141
                                                                  feet upstream of
                                                                  confluence of
                                                                  Tributary 8 to Pinos
                                                                  Altos Creek.
                                         Tributary 2 to Maude's  Approximately 16,260               [sdiam]5,853
                                          Creek (Lower Reach).    feet upstream of the
                                                                  confluence with
                                                                  Maude's Creek.
                                                                 Approximately 17,340               [sdiam]5,868
                                                                  feet upstream of the
                                                                  confluence with
                                                                  Maude's Creek.
                                         Tributary 2 to Maude's  Approximately 590 feet             [sdiam]6,047
                                          Creek (Upper Reach).    upstream of U.S.
                                                                  Route 180.
                                         Tributary 2 to Maude's  Approximately 5,020                [sdiam]6,227
                                          Creek (Upper Reach).    feet upstream of 32nd
                                                                  Street Bypass.
                                         Tributary 8 to Pinos    At the confluence with             [sdiam]6,053
                                          Altos Creek.            Pinos Altos Creek.
                                                                 Approximately 1,310                [sdiam]6,145
                                                                  feet upstream of 40th
                                                                  Street.
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                                                    ADDRESS:
Maps are available for inspection at the City Annex Building, 1211 North Hudson Street, Silver City, New Mexico.
 
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[sdiam]North American Vertical Datum of 1988.

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

    Dated: February 2, 2006.
David I. Maurstad,
Acting Director, Mitigation Division, Federal Emergency Management 
Agency, Department of Homeland Security.
[FR Doc. 06-1823 Filed 2-27-06; 8:45 am]
BILLING CODE 9110-12-P