Federal Register / Vol. 69, No. 237 / Friday, December 10, 2004 / Rules and Regulations 71721

State and county Location and case 

No. 

Date and name of newspaper where notice was 

published 

Chief executive officer of community Effective date of

modification 

Community 

No. 

Florida: Sarasota .. City of Sarasota 

(04–04–A194P).

July 15, 2004, July 22, 

2004, Sarasota HeraldTribune.

Mr. Michael A. McNees, City Manager, City of Sarasota, 1565 First 

Street, Sarasota, Florida 34236.

June 24, 2004 ...... 125150 

Idaho: 

Ada ................ Unincorporated 

Areas (04–10–

0213P).

Aug. 19, 2004, Aug. 26, 

2004, Idaho Statesman.

The Honorable Judy Peavey-Derr, 

Chairman, Ada County Board of 

Commissioners, County Courthouse, 200 West Front Street, 

Boise, Idaho 83702.

Nov. 26, 2004 ...... 160001 

Ada ................ Unincorporated 

Areas (04–10–

0379P).

Sept. 2, 2004, Sept. 9, 

2004, Idaho Statesman.

The Honorable Judy Peavey-Derr, 

Chairman, Ada County Board of 

Commissioners, County Courthouse, 200 West Front Street, 

Boise, Idaho 83702.

Dec. 9, 2004 ........ 160001 

Montana: 

Missoula ......... City of Missoula 

(04–08–0371P).

Aug. 26, 2004, Sept. 2, 

2004, The Missoulian.

The Honorable Mike Kadas, Mayor, 

City of Missoula, 435 Ryman 

Street, Missoula, Montana 59802.

July 23, 2004 ....... 300049 

Missoula ......... Unincorporated 

Areas (04–08–

0371P).

August 26, 2004, September 2, 2004, The 

Missoulian.

The Honorable Barbara Evans, Chairman, Missoula County Board of 

Commissioners, 200 West Broadway, Missoula, Montana 59802.

July 23, 2004 ....... 300048 

Nevada: Elko ........ City of Elko (02–

09–1203P).

July 22, 2004, July 29, 

2004, Elko Daily Free 

Press.

The Honorable Michael J. Franzoia, 

Mayor, City of Elko, 1751 College 

Avenue, Elko, Nevada 89801.

Oct. 28, 2004 ....... 320010 

Utah: Salt Lake ..... City of South Jordan (04–08–

0379P).

Sept. 2, 2004, Sept. 9, 

2004, Salt Lake Tribune.

The Honorable W. Kent Money, 

Mayor, City of South Jordan, 1600 

West Towne Center Drive, South 

Jordan, Utah 84095.

Dec. 9, 2004 ........ 490107

(Catalog of Federal Domestic Assistance No. 

83.100, ‘‘Flood Insurance’’)

Dated: December 1, 2004. 

David I. Maurstad, 

Acting Director, Mitigation Division, 

Emergency Preparedness and Response 

Directorate.

[FR Doc. 04–27132 Filed 12–9–04; 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 

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 

71722 Federal Register / Vol. 69, No. 237 / Friday, December 10, 2004 / Rules and Regulations 

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) 

Communities affected 

NORTH DAKOTA

Morton County (FEMA Docket No. B–7439)

Missouri River: City of Mandan. 

Approximately 1.1 miles downstream of Bismarck Expressway bridge ............................ *1,635 

Approximately 2.8 miles upstream of Interstate Highway 94 ............................................ *1,639 

At confluence of Apple Creek ............................................................................................ *1,628 Morton County (Uninc. Areas). 

Approximately 5.7 miles upstream of confluence of Square Butte Creek ........................ *1,644 

ADDRESSES:

Unincorporated Areas Morton County

Maps are available for inspection at the County Courthouse, 210 Second Avenue, Northwest, Mandan, North Dakota.

City of Mandan

Maps are available for inspection at City Hall, 205 Second Avenue, Northwest, Mandan, North Dakota. 

WASHINGTON

King County (FEMA Docket No. B–7435)

Issaquah Creek: King County (Uninc. Areas) and City of 

Issaquah. 

Approximately 1,700 feet downstream of Southeast 56th Street ...................................... *45 

Approximately 3,200 feet upstream of Sycamore Drive .................................................... *140 

East Fork Issaquah Creek: City of Issaquah. 

At confluence with Issaquah Creek ................................................................................... *75 

Just downstream of Interstate Highway 90 ....................................................................... *153 

Gilman Boulevard Overflow Issaquah Creek: City of Issaquah. 

Approximately 640 feet downstream of 10th Avenue Northwest ...................................... *56 

Approximately 1,000 feet upstream of 7th Avenue Northwest .......................................... *64 

ADDRESSES:

Unincorporated Areas King County

Maps are available for inspection at the Water and Land Department Flood Hazard Division, 201 South Jackson Street, Suite 600, Seattle, 

Washington.

City of Issaquah

Maps are available for inspection at the City Hall Department of Public Works, 1775 12th Avenue NW., Issaquah, Washington. 

King County (FEMA Docket No. B–7439)

Snoqualmie River: King County (Uninc. Areas) and City of 

Snoqualmie. 

Approximately 2,000 feet downstream of confluence of Middle Fork and South Fork 

Snoqualmie River.

*424 

South Fork Snoqualmie River: King County (Uninc. Areas) City of 

Snoqualmie, and City of North Bend. 

At confluence with Middle Fork Snoqualmie River ............................................................ *425 

Approximately 700 feet upstream of Eastbound I–90 bridge ............................................ *475 

Middle Fork Snoqualmie River: King County (Uninc. Areas) and City of 

Snoqualmie. 

At confluence of North Fork Snoqualmie River ................................................................. *426 

Approximately 260 feet downstream of Southeast Mount SI Road .................................. *478

Lower Overflow: King County (Uninc. Areas) and City of 

North Bend. 

At Southeast 100th Street ................................................................................................. *428 

Approximately 1,400 feet upstream of North Pickett Avenue ........................................... *449 

Middle Overflow: King County (Uninc. Areas) and City of 

North Bend. 

Federal Register / Vol. 69, No. 237 / Friday, December 10, 2004 / Rules and Regulations 71723

Source of flooding and location 

*Elevation 

in feet 

(NGVD) 

Communities affected 

Just upstream of Northeast 420th Avenue ........................................................................ *432 

At Borst Avenue Northeast ................................................................................................ *441 

Upper South Overflow: King County (Uninc. Areas) and City of 

North Bend. 

Approximately 400 feet downstream of Ballarat Avenue North ........................................ *437

At divergence from Middle Fork Snoqualmie River ........................................................... *467 

Upper North Overflow: King County (Uninc. Areas) and City of 

North Bend. 

Approximately 150 feet downstream of Ogle Avenue Northeast ...................................... *441 

Approximately 400 feet downstream of 120th Street ........................................................ *457 

Gardiner Creek: King County (Uninc. Areas) and City of 

North Bend. 

At Bolch Avenue Northwest ............................................................................................... *429 

Upstream of Northwest Eighth Street ................................................................................ *435 

ADDRESSES

Unincorporated Areas King County

Maps are available for inspection at the King DDES, Black River Corp. Park, 900 Oaksdale Avenue Southwest, Suite 100, Renton, Washington.

City of North Bend

Maps are available for inspection at 1155 East North Bend Way, North Bend, Washington.

City of Snoqualmie

Maps are available for inspection at the Planning Directors Office, 8020 Railroad Avenue Southeast, Snoqualmie, Washington. 

(Catalog of Federal Domestic Assistance No. 

83.100, ‘‘Flood Insurance’’)

Dated: December 1, 2004. 

David I. Maurstad, 

Acting Director, Mitigation Division, 

Emergency Preparedness and Response 

Directorate.

[FR Doc. 04–27133 Filed 12–9–04; 8:45 am] 

BILLING CODE 9110–12–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service 

50 CFR Part 17 

RIN 1018–AT64 

Endangered Species Act Incidental 

Take Permit Revocation Regulations

AGENCY: Fish and Wildlife Service, 

Interior.

ACTION: Final rule.

SUMMARY: This rule describes 

circumstances in which the U.S. Fish 

and Wildlife Service may revoke 

incidental take permits issued under 

section 10(a)(1)(B) of the Endangered 

Species Act of 1973, as amended. On 

December 11, 2003, the U.S. District 

Court for the District of Columbia in 

Spirit of the Sage Council v. Norton,

Civil Action No. 98–1873 (D. D.C.), 

invalidated 50 CFR 17.22(b)(8) and 

17.32(b)(8), the regulations addressing 

Service authority to revoke incidental 

take permits under certain 

circumstances. The court ruled that we 

had adopted those regulations without 

adequately complying with the public 

notice and comment procedures 

required by the Administrative 

Procedure Act (APA) and remanded the 

regulations to us for further proceedings 

consistent with the APA. On May 25, 

2004, we published in the Federal 

Register a final rule withdrawing the 

permit revocation regulations vacated 

by the court’s order (69 FR 29669). On 

that same date we requested public 

comment on our proposal to reestablish 

the permit revocation regulations (69 FR 

29681).

DATES: This rule is effective January 10, 

2005.

ADDRESSES: The complete file for this 

rule is available for inspection, by 

appointment, during normal business 

hours at the Division of Consultation, 

Habitat Conservation Planning, 

Recovery and State Grants, U.S. Fish 

and Wildlife Service, 4401 North Fairfax 

Drive, Room 420, Arlington, VA 22203.

FOR FURTHER INFORMATION CONTACT: Rick 

Sayers, Chief, Branch of Consultation 

and Habitat Conservation Planning, at 

the above address (Telephone 703/358–

2106, Facsimile 703/358–1735).

SUPPLEMENTARY INFORMATION: This 

notice of rulemaking applies to the U.S. 

Fish and Wildlife Service only. 

Therefore, the use of the terms 

‘‘Service’’ and ‘‘we’’ in this notice refers 

exclusively to the U.S. Fish and Wildlife 

Service. 

This rule applies only to 50 CFR 

17.22(b) and 17.32(b), which pertain to 

incidental take permits. Regulations in 

50 CFR 17.22(c) and 17.32(c), which 

pertain to Safe Harbor Agreements 

(SHAs), and in 50 CFR 17.22(d) and 

17.32(d), which pertain to Candidate 

Conservation Agreements with 

Assurances (CCAAs), are not affected by 

this rule. 

Background 

Promulgation of the ‘‘Permit Revocation 

Rule’’

The Service administers a variety of 

conservation laws that authorize the 

issuance of permits for otherwise 

prohibited activities. In 1974, we 

published 50 CFR part 13 to consolidate 

the administration of various permitting 

programs. Part 13 established a uniform 

framework of general administrative 

conditions and procedures that would 

govern the application, processing, and 

issuance of all Service permits. We 

intended the general part 13 permitting 

provisions to be in addition to, and not 

in lieu of, other more specific permitting 

requirements of Federal wildlife laws. 

We subsequently added many wildlife 

regulatory programs to title 50 of the 

CFR. For example, we added part 18 in 

1974 to implement the Marine Mammal 

Protection Act; modified and expanded 

part 17 in 1975 to implement the 

Endangered Species Act (ESA) of 1973, 

as amended (16 U.S.C. 1531 et seq.); and 

added part 23 in 1977 to implement the 

Convention on International Trade in 

Endangered Species of Wild Fauna and 

Flora (CITES). The regulations in these 

parts contain their own specific 

permitting requirements that 

supplement the general permitting 

provisions of part 13. 

With respect to the ESA, the 

combination of the general permitting