[Federal Register Volume 69, Number 232 (Friday, December 3, 2004)]
[Rules and Regulations]
[Pages 70192-70196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26600]


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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, Emergency Preparedness and 
Response Directorate, 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, 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.

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 70193]]



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                                                    * Elevation
                                                      in feet
                                                       (NGVD)
                                                      modified
   Source of flooding and location of referenced      [diams]                  Communities affected
                     elevation                       Elevation
                                                      in feet
                                                       (NAVD)
                                                      modified
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               FEMA Docket No. P7657
 
Lateral 1-B/Tributary No. 11:
    Approximately 50 feet upstream of the                  *205  City of Forrest City.
     confluence with Yocona-Spybuck Drainage Canal.
    Approximately 2,275 feet upstream of Union              263  St. Francis County (Unincorporated Areas).
     Pacific Railroad.
Spybuck Drainage Canal:
    Approximately 1,165 feet downstream of Woodroe         *216  City of Forrest City.
     Holeman Road.
    Approximately 2,300 feet upstream of Commerce          *238  St. Francis County (Unincorporated Areas).
     Drive.
Tributary No. 1:
    Approximately 975 feet downstream of Woodroe           *216  City of Forrest City.
     Holeman Road.
    Approximately 2,470 feet upstream of County            *238  St. Francis County (Unincorporated Areas).
     Highway 213.
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          *218  City of Forrest City.
     Highway 231.
    Approximately 350 feet upstream of Entergy             *239  St. Francis County (Unincorporated Areas).
     Drive.
Tributary No. 6:
    Approximately 1,000 feet downstream of County          *221  City of Forrest City.
     Highway 205.
    Approximately 5,330 feet upstream of County            *239  St. Francis County (Unincorporated Areas).
     Highway 205.
Tributary No. 7:
    Approximately 1,000 feet downstream of County          *221  City of Forrest City.
     Highway 205.
    Approximately 1,075 feet upstream of Turner            *229  St. Francis County (Unincorporated Areas).
     Circle.
Tributary No. 10:
    At the confluence with Yocono-Spybuck Drainage         *217  City of Forrest City.
     Canal (MD-1).
    Approximately 5,010 feet upstream of County            *221  St. Francis County (Unincorporated Areas).
     Highway 202/Union Pacific Railroad.
Tributary No. 12:
    At the confluence with Lateral 1-B (Tributary          *213  St. Francis County (Unincorporated Areas).
     No. 11).
    Approximately 4,035 feet upstream of County            *221  ...............................................
     Highway 808.
Tributary No. 13:
    At the confluence with Tributary No. 12.......         *214  City of Forrest City.
    Approximately 4,500 feet upstream of the               *222  St. Francis County (Unincorporated Areas).
     confluence with Tributary No. 12.
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                 *219  St. Francis County (Unincorporated Areas).
   confluence of Tributary No. 18.
               FEMA Docket No. P7657
 
  Approximately 4,150 feet upstream of County              *229  ...............................................
   Highway 814.
Tributary No. 18:
  At the confluence with Tributary No. 17.........         *220  St. Francis County (Unincorporated Areas).
  Approximately 2,850 feet upstream of the                 *225  ...............................................
   confluence with Tributary No. 17.
Tributary No. 19:
  At the confluence with Tributary No. 17.........         *223  St. Francis County (Unincorporated Areas).
  Approximately 2,390 feet upstream of the                 *226  ...............................................
   confluence with Tributary No. 17.
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                                                    ADDRESSES
City of Forrest City
 
Maps are available for inspection at City Hall, 224 North Rosser, Forrest City, Arkansas.
 
St. Francis County (Unincorporated Areas)
 

[[Page 70194]]

 
Maps are available for inspection at County Courthouse, 313 South Izard Street, Forrest City, Arkansas.
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              FEMA Docket No. P 7649
 
West Nishnabotna River:
  At U.S. Highway 6...............................      [diams]  City of Council Bluffs, City of Oakland,
                                                          1,077   Pottawattamie County (Unincorporated Areas).
  Approximately 4,850 feet upstream of Honeysuckle      [diams]
   Road/County Highway G42.                               1,088
Mosquito Creek:
  Approximately 5,785 feet downstream of            [diams] 980  Pottawattamie County (Unincorporated Areas).
   Interstate 29.
  Approximately 1,760 feet downstream of            [diams] 983  ...............................................
   Interstate 29.
Mosquito Creek:
  Intersection of E. South Omaha Bridge and 192nd    <greek-i>1  Pottawattamie County (Unincorporated Areas).
   Street.
  Intersection of Basswood Road and 192nd Street..   <greek-i>1  ...............................................
Missouri River:
  Approximately 5,250 feet upstream of Interstate   [diams] 985  City of Carter Lake.
   480.
  Approximately 8,925 feet upstream of Interstate   [diams] 985  ...............................................
   480.
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                                                    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.
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              FEMA Docket No. P 7611
 
Elkhorn River:
  Approximately 4,800 feet downstream of 558th           *1,498  Madison County (Unincorporated Areas). City of
   Avenue.                                                        Tilden, Village of Meadow Grove. City of
                                                                  Norfolk, Village of Battle Creek.
  Approximately 300 feet upstream of Center Street/      *1,657
   534th Avenue.
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
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                                                    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.
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              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            *881  ...............................................
   5,600 feet upstream of U.S. Highway 35).

[[Page 70195]]

 
Diehl Run:
  Confluence at Bear Creek........................         *881  Village of New Lebanon, Montgomery County
                                                                  (Unincorporated Areas).
  Approximately 35 feet downstream of North                *960  ...............................................
   Johnsonville Road.
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          *934  ...............................................
   Road.
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            *914  ...............................................
   Drive.
Little Bear Creek:
  Confluence at Bear Creek........................         *775  Montgomery County (Unincorporated Areas).
  Approximately 2,870 feet upstream of Old Dayton          *935  ...............................................
   Road.
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                *865  City of Vandalia.
   Stonequarry Road.
  Approximately 580 feet upstream of East                  *875  ...............................................
   Stonequarry Road.
Spring Run:
  Confluence at Little Bear Creek.................         *819  Montgomery County (Unincorporate Areas).
  Approximately 2,000 feet upstream of North               *916  ...............................................
   Snyder Road.
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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.
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[[Page 70196]]

(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