[Federal Register Volume 71, Number 39 (Tuesday, February 28, 2006)]
[Rules and Regulations]
[Pages 9972-9975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1824]


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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 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:

[[Page 9973]]



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                                               *Elevation in
                                                feet (NGVD)
     Source of flooding and location of           modified
            referenced elevation             [ssdiam]Elevation                Communities affected
                                               in feet (NAVD)
                                                  modified
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Little Red River:
    Approximately 53.48 miles upstream of          [ssdiam]248  FEMA Docket No. P7689, Cleburne County,
     the confluence with the White River.                        (Unincorporated Areas).
    Approximately 79.10 miles upstream of          [ssdiam]299  ................................................
     the confluence with the White River.
Sulphur Creek:
    Approximately 120 feet downstream of           [ssdiam]281  City of Heber Springs, Cleburne County,
     Libby Road.                                                 (Unincorporated Areas).
    Approximately 1,900 feet upstream of           [ssdiam]289  ................................................
     Libby Road.
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                                                   ADDRESSES:
 
Cleburne County, Arkansas (Unincorporated Areas).
 
Maps are available for inspection at 301 West Main Street, Heber Springs, Arkansas.
 
City of Heber Springs, Arkansas.
 
Maps are available for inspection at 1001 West Main Street, Heber Springs, Arkansas.
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Artichoke Creek:
    Approximately 2,500 feet downstream of              *1,072  FEMA Docket No. P7669, Swift County,
     225th Avenue Northwest.                                     (Unincorporated Areas).
    Just upstream of 260th Avenue Northwest             *1,085  ................................................
Chippewa River:
    Just downstream of County Road 75......             *1,028  City of Benson, Swift County, (Unincorporated
                                                                 Areas).
    At the confluence of East Branch                    *1,036  ................................................
     Chippewa River.
Cottonwood Creek:
    Approximately 8,170 feet downstream of                *991  City of Holloway, Swift County, (Unincorporated
     County Road 2.                                              Areas).
    Approximately 4,600 feet upstream of                *1,020  ................................................
     County Road 9.
County Ditch No. 2:
    At County Route 54.....................             *1,006  Swift County, (Unincorporated Areas).
    Approximately 1,250 feet upstream of                *1,006  ................................................
     County Route 54.
East Branch Chippewa River:
    At the confluence with the Chippewa                 *1,036  FEMA Docket No. P7669, City of Benson, Swift
     River.                                                      County, (Unincorporated Areas).
    Just downstream of State Road 29.......             *1,036  ................................................
Judicial Ditch No. 19:
    Approximately 18,250 feet upstream of               *1,040  Swift County, (Unincorporated Areas).
     the confluence with East Branch
     Chippewa River.
    Approximately 39,350 feet upstream of               *1,049  ................................................
     the confluence with East Branch
     Chippewa River.
Lake Malachy Outlet:
    Approximately 320 feet above confluence             *1,035  City of Clontarf, Swift County, (Unincorporated
     with Lake Malachy.                                          Areas).
    Approximately 100 feet upstream of                  *1,043  ................................................
     Grace Avenue.
Minnesota River:
    At Marsh Lake Dam......................               *948  Swift County, (Unincorporated Areas).
    Approximately 4,750 feet upstream of                  *948  ................................................
     Marsh Lake Dam.
Pomme De Terre River:
    Approximately 11,700 feet downstream of               *975  City of Appleton, Swift County, (Unincorporated
     the Union Pacific Railroad.                                 Areas).
    Approximately 15,800 feet upstream of               *1,008  ................................................
     North Herrington Road.
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                                                   ADDRESSES:
 
City of Appleton, Swift County, Minnesota.
 
Maps are available for inspection at the City Office, 323 West Schlieman Avenue, Appleton, Minnesota.
 
City of Benson, Swift County, Minnesota.
 
Maps are available for inspection at City Hall, 1410 Kansas Avenue, Benson, Minnesota.
 
City of Clontarf, Swift County, Minnesota.
 
Maps are available for inspection at City Hall, 221 Clonmel Street, Clontarf, Minnesota.
 
City of Holloway, Swift County, Minnesota.
 

[[Page 9974]]

 
Maps are available for inspection at City Hall, 220 DePue Street, Holloway, Minnesota.
 
Swift County, Minnesota (Unincorporated Areas).
 
Maps are available for inspection at 301 14th Street North, Benson, Minnesota.
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East Branch Knob Creek:
    At the confluence with Knob Creek......        [ssdiam]943  FEMA Docket No. P7691, City of Pilot Knob, Iron
                                                                 County, (Unincorporated Areas).
    Approximately 4,170 feet upstream of           [ssdiam]989  ................................................
     Union Pacific Railroad.
Knob Creek:
    At the confluence with Stouts Creek....        [ssdiam]886  City of Ironton, City of Pilot Knob, Iron
                                                                 County, (Unincorporated Areas).
    Approximately 2,410 feet upstream of         [ssdiam]1,012  ................................................
     Mulberry Street.
Railroad Creek:
    At the confluence with Stouts Creek....        [ssdiam]895  FEMA Docket No. P7691, City of Arcadia, Iron
                                                                 County, (Unincorporated Areas).
    Approximately 300 feet upstream of             [ssdiam]990  ................................................
     State Route 21.
Shepherd Mountain Lake Creek:
    At the confluence with Stouts Creek....        [ssdiam]950  Iron County, (Unincorporated Areas).
    Approximately 3,380 feet upstream of         [ssdiam]1,051  ................................................
     Guhse Lane.
Stouts Creek:
    Approximately 4,000 feet upstream of           [ssdiam]862  City of Arcadia, City of Ironton, Iron County,
     State Route 72.                                             (Unincorporated Areas).
    Approximately 5,860 feet upstream of           [ssdiam]990  ................................................
     the confluence of Shepherd Mountain
     Lake Creek.
West Branch Knob Creek:
    At the confluence with Knob Creek......        [ssdiam]933  Iron County, (Unincorporated Areas).
    Approximately 2,140 feet upstream of         [ssdiam]1,020  ................................................
     Spitzmiller Drive.
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                                                   ADDRESSES:
 
City of Arcadia, Iron County, Missouri.
 
Maps are available for inspection at 150 West Orchard, Arcadia, Missouri.
 
Iron County, Missouri (Unincorporated Areas).
 
Maps are available for inspection at 250 South Main Street, Ironton, Missouri.
 
City of Ironton, Iron County, Missouri.
 
Maps are available for inspection at 123 North Main, Ironton, Missouri.
 
City of Pilot Knob, Iron County, Missouri.
 
Maps are available for inspection at 112 South McCune Street, Pilot Knob, Missouri.
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Duck Creek:
    Mouth at Ohio River....................        [ssdiam]616  FEMA Docket No. P7689, City of Marietta,
                                                                 Washington County, (Unincorporated Areas).
    Approximately 4,400 feet upstream of           [ssdiam]616  ................................................
     State Highway 26.
Muskingum River:
    Mouth at the Ohio River................        [ssdiam]615  City of Marietta, Washington County,
                                                                 (Unincorporated Areas).
    Approximately 16,400 feet upstream of          [ssdiam]615  ................................................
     mouth.
Ohio River:
    Approximately 0.4 mile downstream of           [ssdiam]609  City of Belpre, City of Marietta, Washington
     U.S. Highway 50.                                            County, (Unincorporated Areas).
    Approximately 7.25 miles upstream of           [ssdiam]617  ................................................
     Willow Island Lock and Dam.
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                                                   ADDRESSES:
 
Washington County, Ohio (Unincorporated Areas).
 
Maps are available for inspection at the Tax Map Office, 205 Putnam Street, Marietta, Ohio.
 
City of Belpre, Washington County, Ohio.
Maps are available for inspection at City Hall, 715 Park Drive, Belpre, Ohio.
 
City of Marietta, Washington County, Ohio.

[[Page 9975]]

 
Maps are available for inspection at City
 Hall, 301 Putnam Street, Marietta, Ohio.
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[ssdiam] North American Vertical Datum of 1988.
* National Geodetic Vertical Datum.


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

    Dated: January 9, 2006.
David I. Maurstad,
Acting Director, Mitigation Division, Federal Emergency Management 
Agency, Department of Homeland Security.
[FR Doc. 06-1824 Filed 2-27-06; 8:45 am]
BILLING CODE 9110-12-P