70192 Federal Register / Vol. 69, No. 232 / Friday, December 3, 2004 / Rules and Regulations 

Source of flooding and location 

# Depth in 

feet above 

ground.

* Elevation 

in feet 

(NGVD) 

modified

♦Elevation 

in feet 

(NAVD) 

modified 

Approximately 0.85 mile upstream of the Union Pacific 

Railroad ............................. ♦ 220

Red Cut Slough Tributary:

Approximately 0.48 mile 

downstream of U.S. Highway 67 ............................... ♦ 224

At West Mississippi Street .... ♦ 235

Red Cut Slough Tributary A:

Approximately 1,450 feet 

downstream of the Union 

Pacific Railroad ................. ♦ 220

Approximately 140 feet upstream of California Street ♦ 229

Red Cut Slough Tributary No. 

2:

Approximately 0.41 mile upstream of the confluence 

with Red Cut Slough ......... ♦ 220

Approximately 1.40 miles upstream of the confluence 

with Red Cut Sough .......... ♦ 230

Maps are available for inspection at City Hall, 321 

North Elm Street, Beebe, Arkansas. 

(Catalog of Federal Domestic Assistance No. 

83.100, ‘‘Flood Insurance.’’)

Dated: November 17, 2004. 

David I. Maurstad, 

Acting Director, Mitigation Division, 

Emergency Preparedness and Response 

Directorate.

[FR Doc. 04–26601 Filed 12–2–04; 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, Emergency 

Preparedness and Response Directorate, 

Department of Homeland Security.

ACTION: Final rule.

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, 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 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 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 

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 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:

Federal Register / Vol. 69, No. 232 / Friday, December 3, 2004 / Rules and Regulations 70193

Source of flooding and location of referenced elevation 

* Elevation 

in feet 

(NGVD) 

modified 

♦Elevation 

in feet 

(NAVD) 

modified 

Communities affected 

FEMA Docket No. P7657

Lateral 1–B/Tributary No. 11: 

Approximately 50 feet upstream of the confluence with Yocona-Spybuck Drainage Canal ... *205 City of Forrest City. 

Approximately 2,275 feet upstream of Union Pacific Railroad ................................................. 263 St. Francis County (Unincorporated Areas). 

Spybuck Drainage Canal: 

Approximately 1,165 feet downstream of Woodroe Holeman Road ........................................ *216 City of Forrest City. 

Approximately 2,300 feet upstream of Commerce Drive ......................................................... *238 St. Francis County (Unincorporated Areas). 

Tributary No. 1: 

Approximately 975 feet downstream of Woodroe Holeman Road ........................................... *216 City of Forrest City. 

Approximately 2,470 feet upstream of County Highway 213 ................................................... *238 St. Francis County (Unincorporated Areas). 

Tributary No. 4: 

At the confluence with Tributary No. 5 ........................................................................................ *222 City of Forrest City. 

Approximately 60 feet upstream of Dawson Road .................................................................. *243 St. Francis County (Unincorporated Areas). 

Tributary No. 5: 

Approximately 2,090 feet downstream of County Highway 231 .............................................. *218 City of Forrest City. 

Approximately 350 feet upstream of Entergy Drive ................................................................. *239 St. Francis County (Unincorporated Areas). 

Tributary No. 6: 

Approximately 1,000 feet downstream of County Highway 205 .............................................. *221 City of Forrest City. 

Approximately 5,330 feet upstream of County Highway 205 ................................................... *239 St. Francis County (Unincorporated Areas). 

Tributary No. 7: 

Approximately 1,000 feet downstream of County Highway 205 .............................................. *221 City of Forrest City. 

Approximately 1,075 feet upstream of Turner Circle ............................................................... *229 St. Francis County (Unincorporated Areas). 

Tributary No. 10: 

At the confluence with Yocono-Spybuck Drainage Canal (MD–1) .......................................... *217 City of Forrest City. 

Approximately 5,010 feet upstream of County Highway 202/Union Pacific Railroad .............. *221 St. Francis County (Unincorporated Areas). 

Tributary No. 12: 

At the confluence with Lateral 1–B (Tributary No. 11) ............................................................. *213 St. Francis County (Unincorporated Areas). 

Approximately 4,035 feet upstream of County Highway 808 ................................................... *221

Tributary No. 13: 

At the confluence with Tributary No. 12 ................................................................................... *214 City of Forrest City. 

Approximately 4,500 feet upstream of the confluence with Tributary No. 12 .......................... *222 St. Francis County (Unincorporated Areas). 

Tributary No. 14: 

At the confluence with Tributary No. 12 ...................................................................................... *215 City of Forrest City. 

Approximately 100 feet upstream of Yocona Road ..................................................................... *216 St. Francis County (Unincorporated Areas). 

Tributary No. 16: 

At the confluence with Tributary No. 12 ...................................................................................... *217 City of Forrest City. 

Approximately 2,920 feet upstream of Yocona Road .................................................................. *224 St. Francis County (Unincorporated Areas). 

Tributary No. 17: 

Approximately 260 feet downstream of the confluence of Tributary No. 18 ............................... *219 St. Francis County (Unincorporated Areas). 

FEMA Docket No. P7657

Approximately 4,150 feet upstream of County Highway 814 ...................................................... *229

Tributary No. 18: 

At the confluence with Tributary No. 17 ...................................................................................... *220 St. Francis County (Unincorporated Areas). 

Approximately 2,850 feet upstream of the confluence with Tributary No. 17 ............................. *225

Tributary No. 19: 

At the confluence with Tributary No. 17 ...................................................................................... *223 St. Francis County (Unincorporated Areas). 

Approximately 2,390 feet upstream of the confluence with Tributary No. 17 ............................. *226

ADDRESSES

City of Forrest City

Maps are available for inspection at City Hall, 224 North Rosser, Forrest City, Arkansas.

St. Francis County (Unincorporated Areas)

70194 Federal Register / Vol. 69, No. 232 / Friday, December 3, 2004 / Rules and Regulations 

Source of flooding and location of referenced elevation 

* Elevation 

in feet 

(NGVD) 

modified 

♦Elevation 

in feet 

(NAVD) 

modified 

Communities affected 

Maps are available for inspection at County Courthouse, 313 South Izard Street, Forrest City, Arkansas. 

FEMA Docket No. P 7649

West Nishnabotna River: 

At U.S. Highway 6 ........................................................................................................................ ♦ 1,077 City of Council Bluffs, City of 

Oakland, Pottawattamie 

County (Unincorporated 

Areas). 

Approximately 4,850 feet upstream of Honeysuckle Road/County Highway G42 ...................... ♦ 1,088

Mosquito Creek: 

Approximately 5,785 feet downstream of Interstate 29 ............................................................... ♦ 980 Pottawattamie County (Unincorporated Areas). 

Approximately 1,760 feet downstream of Interstate 29 ............................................................... ♦ 983

Mosquito Creek: 

Intersection of E. South Omaha Bridge and 192nd Street .......................................................... #1 Pottawattamie County (Unincorporated Areas). 

Intersection of Basswood Road and 192nd Street ...................................................................... #1

Missouri River: 

Approximately 5,250 feet upstream of Interstate 480 .................................................................. ♦ 985 City of Carter Lake. 

Approximately 8,925 feet upstream of Interstate 480 .................................................................. ♦ 985

ADDRESSES

City of Carter Lake

Maps are available for inspection at City Hall, 950 Locust Street, Carter Lake, Iowa.

City of Council Bluffs

Maps are available for inspection at the Community Development Office, 403 Willow Street, Council Bluffs, Iowa. 

City of Oakland

Maps are available for inspection at City Hall, 101 North Main Street, Oakland, Iowa.

Pottawattamie County (Unincorporated Areas)

Maps are available for inspection at the County Courthouse, 227 South 6th Street, Council Bluffs, Iowa. 

FEMA Docket No. P 7611

Elkhorn River: 

Approximately 4,800 feet downstream of 558th Avenue ............................................................. *1,498 Madison County (Unincorporated Areas). City of 

Tilden, Village of Meadow 

Grove. City of Norfolk, Village 

of Battle Creek. 

Approximately 300 feet upstream of Center Street/534th Avenue .............................................. *1,657

Union Creek: 

Approximately 1.9 miles upstream of 3rd Street ......................................................................... *1,589 Madison County (Unincorporated Areas). 

Approximately 1.7 miles upstream of 3rd Street ......................................................................... *1,588

ADDRESSES

City of Battle Creek

Maps are available for inspection at 102 South Second Street, Battle Creek, Nebraska.

Madison County (Unincorporated Areas)

Maps are available for inspection at Zoning Administration, 1112 Bonita Drive, Norfolk, Nebraska.

Village of Meadow Grove

Maps are available for inspection at 208 Main Street, Meadow Grove, Nebraska.

Maps are available for inspection at 701 Koeningstein Avenue, Norfolk, Nebraska.

City of Tilden

Maps are available for inspection at City Clerk, 202 South Center, Tilden, Nebraska. 

FEMA Docket No. P 7643

Bear Creek:

Mouth at Great Miami River ......................................................................................................... *704 Village of New Lebanon, City of 

Miamisburg. City of Moraine, 

Montgomery County (Unincorporated Areas). 

At the confluence of Diehl Run (Approximately 5,600 feet upstream of U.S. Highway 35) ........ *881 

Federal Register / Vol. 69, No. 232 / Friday, December 3, 2004 / Rules and Regulations 70195

Source of flooding and location of referenced elevation 

* Elevation 

in feet 

(NGVD) 

modified 

♦Elevation 

in feet 

(NAVD) 

modified 

Communities affected 

Diehl Run: 

Confluence at Bear Creek ............................................................................................................ *881 Village of New Lebanon, Montgomery County (Unincorporated Areas). 

Approximately 35 feet downstream of North Johnsonville Road ................................................. *960 

Dry Run: 

Just upstream of Free Pike .......................................................................................................... *804 City of Clayton, City of Dayton, 

City of Trotwood, Montgomery County (Unincorporated Areas). 

Approximately 710 feet upstream of Union Road ........................................................................ *943 

Garber Run: 

Mouth at Bear Creek .................................................................................................................... *856 Montgomery County (Unincorporated Areas). 

Approximately 6,200 feet upstream of Old Dayton Road ............................................................ *934 

Holes Creek: 

Just upstream of CSX Railroad ................................................................................................... *722 City of Centreville, City of Moraine, City of West Carrolton, 

Montgomery County (Unincorporated Areas). 

Approximately 200 feet upstream of Silverlake Drive .................................................................. *914 

Little Bear Creek: 

Confluence at Bear Creek ............................................................................................................ *775 Montgomery County (Unincorporated Areas). 

Approximately 2,870 feet upstream of Old Dayton Road ............................................................ *935 

North Branch Wolf Creek: 

Just upstream of Oakes Road ..................................................................................................... *860 City of Clayton, City of 

Trotwood, Montgomery County (Unincorporated Areas). 

Just downstream of Interstate 70/U.S. Highway 49 .................................................................... *944 

Poplar Creek: 

Approximately 250 feet downstream of East Stonequarry Road ................................................ *865 City of Vandalia. 

Approximately 580 feet upstream of East Stonequarry Road ..................................................... *875 

Spring Run: 

Confluence at Little Bear Creek ................................................................................................... *819 Montgomery County 

(Unincorporate Areas). 

Approximately 2,000 feet upstream of North Snyder Road ......................................................... *916 

ADDRESSES

City of Centerville

Maps are available for inspection at Municipal Government Center, 100 West Spring Valley Road, Centerville, Ohio.

City of Clayton

Maps are available for inspection at City Administration Building, 6996 Taywood Road, Englewood, Ohio.

City of Dayton

Maps are available for inspection at Planning and Community Development Office, 101 West Third Street, Dayton, Ohio.

City of Miamisburg

Maps are available for inspection at City Annex Building, 10 North First Street, Miamisburg, Ohio.

City of Moraine

Maps are available for inspection at Community Development Department, Municipal Building, 4200 Dryden Road, Moraine, Ohio.

Village of New Lebanon

Maps are available for inspection at Municipality of New Lebanon Village Offices, 198 South Clayton Road, New Lebanon, Ohio.

City of Trotwood

Maps are available for inspection at Department of Public Works, Trotwood Government Center, 4 Strader Drive, Trotwood, Ohio.

City of Vandalia

Maps are available for inspection at City of Vandalia City Building, 333 James E. Bohanan Memorial Drive, Vandalia, Ohio 45377.

City of West Carrolton

Maps are available for inspection at City of West Carrollton Civic Center, 300 East Central Avenue, West Carrollton, Ohio.

Montgomery County

Maps are available for inspection at Montgomery County Administration Building, 451 West Third Street, Room 800, Dayton, Ohio. 

70196 Federal Register / Vol. 69, No. 232 / Friday, December 3, 2004 / Rules and Regulations 

(Catalog of Federal Domestic Assistance 

No. 83.100, ‘‘Flood Insurance.’’)

Dated: November 17, 2004. 

David I. Maurstad, 

Acting Director, Mitigation Division, 

Emergency Preparedness and Response 

Directorate.

[FR Doc. 04–26600 Filed 12–2–04; 8:45 am] 

BILLING CODE 9110–12–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 622

[I.D. 112604A]

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of the Gulf of Mexico; Closure 

of the Fall Commercial Red Snapper 

Component

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Closure.

SUMMARY: NMFS closes the commercial 

fishery for red snapper in the exclusive 

economic zone (EEZ) of the Gulf of 

Mexico. NMFS has determined that the 

fall portion of the annual commercial 

quota for red snapper will be reached on 

December 15, 2004. This closure is 

necessary to protect the red snapper 

resource.

DATES: Closure is effective noon, local 

time, December 15, 2004, until noon, 

local time, on February 1, 2005.

FOR FURTHER INFORMATION CONTACT: Phil 

Steele, telephone 727–570–5305, fax 

727–570–5583, e-mail 

Phil.Steele@noaa.gov.

SUPPLEMENTARY INFORMATION: The reef 

fish fishery of the Gulf of Mexico is 

managed under the Fishery 

Management Plan for the Reef Fish 

Resources of the Gulf of Mexico (FMP). 

The FMP was prepared by the Gulf of 

Mexico Fishery Management Council 

and is implemented under the authority 

of the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) by regulations 

at 50 CFR part 622. Those regulations 

set the commercial quota for red 

snapper in the Gulf of Mexico at 4.65 

million lb (2.11 million kg) for the 

current fishing year, January 1 through 

December 31, 2004. The red snapper 

commercial fishing season is split into 

two time periods, the first commencing 

at noon on February 1 with two-thirds 

of the annual quota (3.10 million lb 

(1.41 million kg)) available, and the 

second commencing at noon on October 

1 with the remainder of the annual 

quota available. During the commercial 

season, the red snapper commercial 

fishery opens at noon on the first of 

each month and closes at noon on the 

10th of each month, until the applicable 

commercial quotas are reached.

Under 50 CFR 622.43(a), NMFS is 

required to close the commercial fishery 

for a species or species group when the 

quota for that species or species group 

is reached, or is projected to be reached, 

by filing a notification to that effect in 

the Federal Register. Based on current 

statistics, NMFS has determined that the 

available fall commercial quota of 1.60 

million lb (0.73 million kg) for red 

snapper will be reached when the 

fishery closes at noon on December 15, 

2004. Accordingly, the commercial 

fishery in the EEZ in the Gulf of Mexico 

for red snapper will remain closed until 

noon, local time, on February 1, 2005. 

The operator of a vessel with a valid reef 

fish permit having red snapper aboard 

must have landed and bartered, traded, 

or sold such red snapper prior to noon, 

local time, December 15, 2004.

During the closure, a person aboard a 

vessel for which a commercial permit 

for Gulf reef fish has been issued may 

not harvest or possess red snapper from 

the Gulf of Mexico, and the sale or 

purchase of red snapper taken from the 

EEZ is prohibited. The prohibition on 

sale or purchase does not apply to sale 

or purchase of red snapper that were 

harvested, landed ashore, and sold prior 

to noon, local time, December 15, 2004, 

and were held in cold storage by a 

dealer or processor.

Classification

This action is required by 50 CFR 

622.43(a) and is exempt from review 

under Executive Order 12866. This 

action responds to the best available 

information recently obtained from the 

fishery. The Assistant Administrator for 

Fisheries, NOAA, finds the need to 

immediately implement this action to 

close the fishery constitutes good cause 

to waive the requirements to provide 

prior notice and opportunity for public 

comment pursuant to the authority set 

forth in 5 U.S.C. 553(b)(3)(B), as such 

procedures would be unnecessary and 

contrary to the public interest. Such 

procedures are unnecessary because the 

rule itself has been subject to notice and 

comment, and all that remains is to 

notify the public of the closure. 

Allowing prior notice and opportunity 

for public comment is contrary to the 

public interest because it requires time 

during which harvest would likely 

exceed the quota. Similarly, NMFS finds 

good cause that the implementation of 

this action cannot be delayed for 30 

days. Any delay in implementing this 

action would be impractical and 

contrary to the Magnuson-Stevens Act, 

the FMP, and the public interest. Given 

the capacity of the fishing fleet to 

exceed the quota quickly, there is a need 

to implement this measure in a timely 

fashion to prevent an overage of the 

commercial quota of Gulf red snapper. 

Accordingly, under 5 U.S.C. 553(d), a 

delay in the effective date is waived.

Authority: 16 U.S.C. 1801 et seq.

Dated: November 29, 2004.

Alan D. Risenhoover,

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service.

[FR Doc. 04–26637 Filed 12–2–04; 8:45 am]

BILLING CODE 3510–22–S