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 Department of Homeland Security Federal Emergency Management Agency 44 CFR Part 67
 AGENCY: Federal Emergency Management Agency (FEMA), Emergency Preparedness and Response Directorate, Department of Homeland Security.
 ACTION: Final rule.
 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 
                        ( print page 61446)
                        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 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
 Accordingly, 44 CFR part 67 is amended to read as follows: PART 67—[AMENDED]
 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. § 67.11
 2.The tables published under the authority of § 67.11 are amended as follows: Source of flooding and location
*Elevation in feet (NGVD). 
                                 +Elevation in feet (NAVD)**CALIFORNIA****Plumas County, (FEMA Docket No. B-7447)***Boyle Ravine:*Confluence with Nugget Creek
+3,409Approximately 625 feet upstream of Alder Street
+3,545*Chandler Creek:*Confluence with Greenhorn Creek
+3,434Approximately 320 feet upstream of Chandler Road
+3,464*Clear Stream:*Confluence with Spanish Creek
+3,404Approximately 2,200 feet upstream of confluence of Gansner Creek
+3,427*Gansner Creek:*Confluence with Clear Stream
+3,423Approximately 740 feet upstream of Bucks Lake Road
+3,497*Greenhorn Creek:*Confluence with Spanish Creek
+3,401Approximately 1,950 feet upstream of Highway 89/70
+3,494*Mill Creek:*Confluence with Spanish Creek
+3,401Approximately 2,500 feet upstream of Highway 89/70
+3,555*Nugget Creek:*Confluence with Mill Creek
+3,402Approximately 200 feet upstream of Nugget Lane
+3,455*Spanish Creek:*At Oakland Camp Road
+3,392Approximately 11,700 feet upstream of Highway 89/70
+3,452*Taylor Creek:*Confluence with Greenhorn Creek
+3,446Approximately 300 feet upstream of Chandler Road
+3,491*Thompson Creek:*Confluence with Greenhorn Creek
+3,454Approximately 3,400 feet upstream of confluence with Thompson Creek Splitflow
+3,548*Thompson Creek Splitflow:*Confluence with Thompson Creek
+3,488Approximately 2,600 feet upstream of confluence with Thompson Creek
+3,493*Unnamed Tributary to Boyle Ravine:*Confluence with Boyle Ravine
+3,410Approximately 150 feet upstream of Highway 89/70
+3,417*Wolf Creek:*Approximately 4,500 feet downstream of Greenville Park Road Bridge
+3,534Approximately 2 miles upstream of Main Street Bridge
+3,640**Maps are available for inspection**
                                 at the Plumas County Planning Department, 520 Main Street, Room 121, Quincy, California.**COLORADO****Erie (Town), Boulder and Weld Counties, (FEMA****Docket No. B-7435)***Coal Creek:*At confluence of Boulder Cottonwood No. 1 Ditch
+5,046At Tri-County Airport
+5,083**Maps are available for inspection at the Town of Erie Town Hall, 645**
                                 Holbrook Street, Erie, CO.**OREGON****Beaverton (City), Washington County, (FEMA Docket No. B-7447)***Fanno Creek:*( print page 61447)Just upstream of Southwest Scholls Ferry Road
*165Approximately 850 feet upstream of Southwest Scholls Ferry Road
*198**Maps are available for inspection**
                                 at the Community Development Department, City Hall, 4755 Southwest Griffith Drive, Beaverton, Oregon.———**Durham (City), Washington County, (FEMA Docket No. B-7447)***Fanno Creek:*At confluence with the Tualatin River
*125At Burlington Northern Railroad
*126*Tualatin River:*At Interstate Highway 5
*123At Burlington Northern Railroad (just upstream of confluence with Fanno Creek)
*125**Maps are available for inspection**
                                 at City Hall, 17160 Southwest Upper Boones Ferry Road, Durham, Oregon.———**Tigard (City), Washington County, (FEMA Docket No. B-7447)***Ash Creek:*At confluence with Fanno Creek
*160Just upstream of Oak Street
*170*Fanno Creek:*At Burlington Northern Railroad
*126At Southwest Scholls Ferry Road
*164*Summer Creek:*At confluence with Fanno Creek
*158Just upstream of 135th Avenue
*176*Tualatin River:*At confluence with Fanno Creek
*125Approximately 1.6 miles upstream of confluence with Fanno Creek
*127**Maps are available for inspection**
                                 at the Engineering Department, City Hall, 13125 Southwest Hall Boulevard, Tigard, Oregon.———**Washington County, (FEMA Docket No. B-7447)***Ash Creek:*Just upstream of Southwest Hall Boulevard
*171Just upstream of Hemlock Street
*181*Fanno Creek:*Just upstream of Scholls Ferry Road
*197Approximately 200 feet upstream of Beaverton-Hillsdale Highway
*243**Maps are available for inspection**
                                 at the Department of Land Use and Transportation, 155 North First Avenue, Suite 350, MS 12, Hillsboro, Oregon.
 Source of flooding and location
*Elevation in feet (NGVD) 
                                 +Elevation in feet  
                                 (NAVD)
Communities affected**COLORADO****Routt County (FEMA Docket No. B-7435)***Burgess Creek:*At confluence with Walton Creek
                                 Just upstream of Burgess Creek Road
*6,759 
                                 +7,355
Routt County (Uninc. Areas) and City of Steamboat Springs.*Elk River (Lower Reach):*At confluence with Yampa River 
                                 Approximately 1.5 miles upstream of County Road 44
+6,533 
                                 +6,712
Routt County (Uninc. Areas).*Walton Creek:*At confluence with Yampa River
                                 Approximately 850 feet upstream of County Road 44
+6,759 
                                 +6,827
Routt County (Uninc. Areas) and City of Steamboat Springs.*Walton Creek Side Channel:*Approximately 500 feet downstream of County Road 24
                                 At divergence from Walton Creek main Channel
+6,810
                                 +6,825
Routt County (Uninc. Areas).*Yampa River Bypass (near Steamboat Springs):*At confluence with Yampa River
                                 Approximately 700 feet downstream of divergence from Yampa River
+6,816 
                                 +6,853
Routt County (Uninc. Areas).*Yampa River near Hayden:*Approximately 2,600 feet downstream of U.S. Highway 40 
                                 Approximately 1.3 miles upstream of U.S. Highway 40
+6,314 
                                 +6,424
Routt County (Uninc. Areas) and Town of Hayden.*Yampa River Side Channel 1:*At convergence with Yampa River main channel
                                 At divergence from Yampa River main channel
+6,626 
                                 +6,635
Routt County (Uninc. Areas) and City of Steamboat Springs.*Yampa River Side Channel 2:*At convergence with Yampa River main channel
                                 At divergence from Yampa River main channel
+6,716 
                                 +6,724
City of Steamboat Springs.*Yampa River Split Flow at Highway 131 (near Steamboat Springs):*At convergence with Yampa River
                                 At divergence from Yampa River
+6,830 
                                 +6,843
Routt County (Uninc. Areas).*Yampa River near Steamboat Springs:*Approximately 1.5 miles downstream of County Road 179
                                 Approximately 1.5 miles upstream of State Highway 131
+6,483 
                                 +6,865
Routt County (Uninc. Areas) and City of Steamboat Springs.**ADDRESSES:****Unincorporated Areas Routt County:**Maps are available for inspection at the Routt County Courthouse, 136 6th Street, Steamboat Springs, Colorado.**City of Steamboat Spring:**Maps are available for inspection at City Hall, 124 Tenth Street, Steamboat Springs, Colorado.( print page 61448)**Town of Hayden:**Maps are available for inspection at the Town Hall, 178 West Jefferson, Hayden, Colorado.
 (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance”) Dated: October 6, 2004. David I. Maurstad, Acting Director, Mitigation Division, Emergency Preparedness and Response Directorate.


[FR Doc. 04-23305 Filed 10-18-04; 8:45 am] BILLING CODE 9110-12-P