Federal Register / Vol. 69, No. 201 / Tuesday, October 19, 2004 / Rules and Regulations 61445

will be suspended on the effective date 

in the third column. As of that date, 

flood insurance will no longer be 

available in the community. However, 

some of these communities may adopt 

and submit the required documentation 

of legally enforceable floodplain 

management measures after this rule is 

published but prior to the actual 

suspension date. These communities 

will not be suspended and will continue 

their eligibility for the sale of insurance. 

A notice withdrawing the suspension of 

the communities will be published in 

the Federal Register. 

In addition, the Federal Emergency 

Management Agency has identified the 

special flood hazard areas in these 

communities by publishing a Flood 

Insurance Rate Map (FIRM). The date of 

the FIRM if one has been published, is 

indicated in the fourth column of the 

table. No direct Federal financial 

assistance (except assistance pursuant to 

the Robert T. Stafford Disaster Relief 

and Emergency Assistance Act not in 

connection with a flood) may legally be 

provided for construction or acquisition 

of buildings in the identified special 

flood hazard area of communities not 

participating in the NFIP and identified 

for more than a year, on the Federal 

Emergency Management Agency’s 

initial flood insurance map of the 

community as having flood-prone areas 

(section 202(a) of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 

4106(a), as amended). This prohibition 

against certain types of Federal 

assistance becomes effective for the 

communities listed on the date shown 

in the last column. The Administrator 

finds that notice and public comment 

under 5 U.S.C. 553(b) are impracticable 

and unnecessary because communities 

listed in this final rule have been 

adequately notified. 

Each community receives a 6-month, 

90-day, and 30-day notification 

addressed to the Chief Executive Officer 

that the community will be suspended 

unless the required floodplain 

management measures are met prior to 

the effective suspension date. Since 

these notifications have been made, this 

final rule may take effect within less 

than 30 days. 

National Environmental Policy Act.

This rule is categorically excluded from 

the requirements of 44 CFR Part 10, 

Environmental Considerations. No 

environmental impact assessment has 

been prepared. 

Regulatory Flexibility Act. The 

Administrator has determined that this 

rule is exempt from the requirements of 

the Regulatory Flexibility Act because 

the National Flood Insurance Act of 

1968, as amended, 42 U.S.C. 4022, 

prohibits flood insurance coverage 

unless an appropriate public body 

adopts adequate floodplain management 

measures with effective enforcement 

measures. The communities listed no 

longer comply with the statutory 

requirements, and after the effective 

date, flood insurance will no longer be 

available in the communities unless 

they take remedial action. 

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. 

Paperwork Reduction Act. This rule 

does not involve any collection of 

information for purposes of the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq.

Executive Order 12612, Federalism.

This rule involves no policies that have 

federalism implications under Executive 

Order 12612, Federalism, October 26, 

1987, 3 CFR, 1987 Comp.; p. 252. 

Executive Order 12778, Civil Justice 

Reform. This rule meets the applicable 

standards of section 2(b)(2) of Executive 

Order 12778, October 25, 1991, 56 FR 

55195, 3 CFR, 1991 Comp.; p. 309.

List of Subjects in 44 CFR Part 64 

Flood insurance, Floodplains.

■ Accordingly, 44 CFR part 64 is 

amended as follows:

PART 64—[AMENDED]

■ 1. The authority citation for Part 64 

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.

§ 64.6 [Amended]

■ 2. The tables published under the 

authority of § 64.6 are amended as 

follows:

State and location Community 

No. 

Effective date authorization/cancellation of sale of flood insurance in community 

Current

effective

map date 

Date certain 

federal

assistance

no longer

available in

special flood 

hazard 

areas 

Region VII 

Nebraska: Dannebrog, Village 

of, Howard County.

310118 April 22, 1975, Emerg. January 3, 1990, Reg. October 19, 2004, 

Susp.

10/19/2004 10/19/2004 

Howard County, Unincorporated 

Areas.

310446 June 21, 1993, Emerg. September 30, 1997, Reg. October 19, 

2004, Susp.

-do- -do- 

* -do- = Ditto. 

Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension. 

David I. Maurstad, 

Acting Mitigation Division Director, 

Emergency Preparedness and Response 

Directorate.

[FR Doc. 04–23308 Filed 10–18–04; 8:45 am] 

BILLING CODE 9110–12–P

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.

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 

61446 Federal Register / Vol. 69, No. 201 / Tuesday, October 19, 2004 / Rules and Regulations 

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 [Amended]

■ 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 ................................. +3,409 

Approximately 625 feet upstream of Alder Street ....... +3,545 

Chandler Creek:

Confluence with Greenhorn 

Creek ................................. +3,434 

Approximately 320 feet upstream of Chandler Road .. +3,464 

Clear Stream:

Confluence with Spanish 

Creek ................................. +3,404 

Approximately 2,200 feet upstream of confluence of 

Gansner Creek .................. +3,427 

Gansner Creek:

Confluence with Clear 

Stream ............................... +3,423 

Source of flooding and location 

*Elevation 

in feet 

(NGVD).

+Elevation 

in feet 

(NAVD) 

Approximately 740 feet upstream of Bucks Lake 

Road .................................. +3,497 

Greenhorn Creek:

Confluence with Spanish 

Creek ................................. +3,401 

Approximately 1,950 feet upstream of Highway 89/70 .. +3,494 

Mill Creek:

Confluence with Spanish 

Creek ................................. +3,401 

Approximately 2,500 feet upstream of Highway 89/70 .. +3,555 

Nugget Creek:

Confluence with Mill Creek ... +3,402 

Approximately 200 feet upstream of Nugget Lane ..... +3,455 

Spanish Creek:

At Oakland Camp Road ........ +3,392 

Approximately 11,700 feet 

upstream of Highway 89/

70 ....................................... +3,452 

Taylor Creek:

Confluence with Greenhorn 

Creek ................................. +3,446 

Approximately 300 feet upstream of Chandler Road .. +3,491 

Thompson Creek:

Confluence with Greenhorn 

Creek ................................. +3,454 

Approximately 3,400 feet upstream of confluence with 

Thompson Creek Splitflow +3,548 

Thompson Creek Splitflow:

Confluence with Thompson 

Creek ................................. +3,488 

Approximately 2,600 feet upstream of confluence with 

Thompson Creek ............... +3,493 

Unnamed Tributary to Boyle 

Ravine:

Confluence with Boyle Ravine .................................... +3,410 

Approximately 150 feet upstream of Highway 89/70 .. +3,417 

Wolf Creek:

Approximately 4,500 feet 

downstream of Greenville 

Park Road Bridge .............. +3,534 

Approximately 2 miles upstream of Main Street 

Bridge ................................ +3,640

Maps are available for inspection at the Plumas 

County PlanningDepartment, 

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 .......... +5,046 

At 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:

Federal Register / Vol. 69, No. 201 / Tuesday, October 19, 2004 / Rules and Regulations 61447

Source of flooding and location 

*Elevation 

in feet 

(NGVD).

+Elevation 

in feet 

(NAVD) 

Just upstream of Southwest 

Scholls Ferry Road ............ *165 

Approximately 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 .................... *125 

At Burlington Northern Railroad ................................... *126 

Tualatin River:

At Interstate Highway 5 ........ *123 

At Burlington Northern Railroad (just upstream of confluence with Fanno Creek) *125 

Source of flooding and location 

*Elevation 

in feet 

(NGVD).

+Elevation 

in feet 

(NAVD) 

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 ................................. *160 

Just upstream of Oak Street *170 

Fanno Creek:

At Burlington Northern Railroad ................................... *126 

At Southwest Scholls Ferry 

Road .................................. *164 

Summer Creek:

At confluence with Fanno 

Creek ................................. *158 

Just upstream of 135th Avenue ..................................... *176 

Tualatin River:

At confluence with Fanno 

Creek ................................. *125 

Source of flooding and location 

*Elevation 

in feet 

(NGVD).

+Elevation 

in feet 

(NAVD) 

Approximately 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 ................... *171 

Just upstream of Hemlock 

Street ................................. *181 

Fanno Creek:

Just upstream of Scholls 

Ferry Road ........................ *197 

Approximately 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. 

61448 Federal Register / Vol. 69, No. 201 / Tuesday, October 19, 2004 / Rules and Regulations 

Source of flooding and location 

*Elevation in feet 

(NGVD)

+Elevation in feet

(NAVD) 

Communities affected 

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

DEPARTMENT OF TRANSPORTATION

Maritime Administration 

46 CFR Parts 232, 281, 287, 295, 298, 

310, 355, 380 and 390

[Docket Number: MARAD–2003–16238] 

RIN 2133–AB64

Electronic Options for Transmitting 

Certain Information Collection 

Responses to MARAD

AGENCY: Maritime Administration, 

Department of Transportation.

ACTION: Final rule.

SUMMARY: The Maritime Administration 

(MARAD) is publishing this final rule to 

offer electronic submission options to 

respondents for submission of 

information that is collected from them 

under the approved information 

collections identified in this final rule. 

These information collections are 

needed by MARAD in order to conduct 

business between MARAD and 

respondents. This action is part of 

MARAD’s implementation of the 

Government Paperwork Elimination Act 

(GPEA).

DATES: This final rule is effective 

October 19, 2004.

FOR FURTHER INFORMATION CONTACT:

Richard Weaver, Director, Office of 

Management and Information Services, 

Maritime Administration, MAR–310, 

Room 7301, 400 Seventh Street, SW., 

Washington, DC 20590; telephone: (202) 

366–2811; FAX: (202) 366–3889, or email: richard.weaver@marad.dot.gov.

SUPPLEMENTARY INFORMATION: MARAD 

recognizes that information technology 

and the Internet are transforming the 

ways we communicate with our 

customers. Also, expanding EGovernment is one of five governmentwide initiatives in the President’s 

Management Agenda and includes 

implementation of the Government 

Paperwork Elimination Act (GPEA). 

Under the E-Government initiative, 

agencies are to offer the option for 

respondents to transmit by electronic 

means information collections that are 

required by those agencies whenever 

such transmission is practicable. 

On November 5, 2003, MARAD 

published an interim final rule in the 

Federal Register (68 FR 62535, 

November 5, 2003) requesting 

comments regarding the practicability of 

using electronic submissions for certain 

information collections prescribed in 46 

CFR Parts 200–499. No comments were 

received on the interim final rule. 

In the interim final rule, a mistake 

was made in the amendatory language 

that inadvertently deleted several 

paragraphs from 46 CFR 281.1 (under 

paragraph designation (f)). This final 

rule corrects the error by adding the 

deleted paragraphs back to section 

281.1. 

Regulatory Analyses and Notices 

Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

This final rule is not considered a 

significant regulatory action under 

section 3(f) of Executive Order 12866 

and, therefore, was not reviewed by the 

Office of Management and Budget. This 

final rule is not likely to result in an 

annual effect on the economy of $100 

million or more. This final rule is also 

not significant under the Regulatory 

Policies and Procedures of the 

Department of Transportation (44 FR 

11034, February 26, 1979). The costs 

and overall economic impact associated 

with this rulemaking are considered to 

be so minimal that no further analysis 

is necessary. This final rule is intended 

only to allow timely as well as fair and 

efficient employment of electronic 

transmission technologies for the 

information collections identified in 

this rule. 

Administrative Procedure Act 

The Administrative Procedure Act (5 

U.S.C. 553) provides an exception to 

notice and comment procedures when 

they are unnecessary or contrary to the 

public interest. MARAD found good 

cause under 5 U.S.C. 553(b)(3)(B) for not 

providing notice and comment when it 

published its interim final rule since it 

only implements the Government 

Paperwork Elimination Act and merely 

allows the regulated public an 

opportunity to submit certain required 

information via electronic means. Under 

5 U.S.C. 553(d)(3), MARAD finds that, 

for the same reasons listed above, good 

cause exists for making this rule 

effective less than 30 days after 

publication in the Federal Register. 

Regulatory Flexibility Act 

The Maritime Administrator certifies 

that this final rule will not have a 

significant economic impact on a 

substantial number of small entities. 

This final rule only provides the 

electronic option for transmitting 

responses to MARAD for the 

information collections identified in the 

final rule. 

Federalism 

We have analyzed this final rule in 

accordance with the principles and 

criteria contained in Executive Order 

13132 (Federalism) and have 

determined that it does not have 

sufficient federalism implications to 

warrant the preparation of a federalism 

summary impact statement. These 

regulations have no substantial effect on 

the States, the current Federal-State 

relationship, or the current distribution 

of power and responsibilities among 

local officials. Therefore, consultation 

with State and local officials is not 

necessary. 

Executive Order 13175

MARAD does not believe that this 

final rule will significantly or uniquely 

affect the communities of Indian tribal 

governments when analyzed under the 

principles and criteria contained in 

Executive Order 13175 (Consultation 

and Coordination with Indian Tribal 

Governments). Therefore, the funding 

and consultation requirements of this 

Executive Order do not apply. 

Environmental Impact Statement 

We have analyzed this final rule for 

purposes of compliance with the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4321 et seq.) and have 

concluded that under the categorical