67742 Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations

State and county Location

Dates and name of newspaper where notice was

published

Chief executive officer of community Effective date of

modification

Community

No.

Marin (FEMA

Docket No.

7224).

City of Novato ..... July 1, 1997, July 8,

1997, Marin Independent Journal.

The Honorable. Pat Eklund, Mayor,

City of Novato, 900 Sherman Avenue, Novato, California 94945.

June 13, 1997 ..... 060178

Sonoma (FEMA

Docket No.

7224).

City of Petaluma .. June 17, 1997, June 24,

1997, Argus Courier.

The Honorable Patricia Hilligoss,

Mayor, City of Petaluma, P.O. Box

61, Petaluma, California 94953.

June 2, 1997 ....... 060379

Santa Clara

(FEMA Docket No. 7224).

City of San Jose .. July 1, 1997, July 8,

1997, San Jose Mercury News.

The Honorable Susan Hammer,

Mayor, City of San Jose, 801

North First Street, Room 600, San

Jose, California 95110.

June 12, 1997 ..... 060349

North Dakota:

Dunn (FEMA

Docket No.

7224).

City of Halliday .... June 20, 1997, June 27,

1997, Dunn County

Herald.

The Honorable Leo Lesmeister,

Mayor, City of Halliday, P.O. Box

438, Halliday, North Dakota 58642.

June 9, 1997 ....... 380029

Dunn (FEMA

Docket No.

7224).

Unincorporated

Areas.

June 20, 1997, June 27,

1997, Dunn County

Herald.

The Honorable Orris Bang, Chairman, Dunn County Board of Commissioners, Dunn County Auditor’s

Office, P.O. Box 105, Manning,

North Dakota 58642.

June 9, 1997 ....... 380026

Oklahoma:

Oklahoma

(FEMA Docket No. 7224).

City of Edmond ... June 12, 1997, June 19,

1997, Edmond Evening

Sun.

The Honorable Bob Rudkin, Mayor,

City of Edmond, P.O. Box 2970,

Edmond, Oklahoma 73083.

May 28, 1997 ...... 400252

Tulsa (FEMA

Docket No.

7224).

City of Tulsa ........ June 17, 1997, June 24,

1997, Tulsa World.

The Honorable M. Susan Savage,

Mayor, City of Tulsa, 200 Civic

Center, Tulsa, Oklahoma 74103.

May 23, 1997 ...... 405381

Texas:

Dallas (FEMA

Docket No.

7224).

City of Carrollton June 20, 1997, June 27,

1997, Metrocrest News.

The Honorable Milburn Gravley,

Mayor, City of Carrollton, P.O. Box

110535, Carrollton, Texas 75011–

0535.

June 4, 1997 ....... 480167

Tarrant (FEMA

Docket No.

7224).

City of Grapevine June 19, 1997, June 26,

1997, The Grapevine

Sun.

The Honorable William D. Tate,

Mayor, City of Grapevine, 200

South Main, Grapevine, Texas

76051.

June 4, 1997 ....... 480598

Kerr (FEMA

Docket No.

7193).

City of Ingram ...... June 12, 1996, June 19,

1996, The Kerrville

Daily Times.

The Honorable Nina Jane Bird

Raymer, Mayor, City of Ingram,

409 Highway 27 West, Ingram,

Texas 78025.

May 31, 1996 ...... 481592

Kerr (FEMA

Docket No.

7193).

City of Kerrville .... June 12, 1996, June 19,

1996, The Kerrville

Daily Times.

The Honorable Charles P. Johnson,

Mayor, City of Kerrville, 800 Junction Highway, Kerrville, Texas

78028–5069.

May 31, 1996 ...... 480420

Kerr (FEMA

Docket No.

7193).

Unincorporated

Areas.

June 12, 1996, June 19,

1996, The Kerrville

Daily Times.

The Honorable Robert A. Denson,

Kerr County Judge, 700 Main,

Kerrville, Texas 78028.

May 31, 1996 ...... 480419

Kaufman

(FEMA Docket No. 7224).

City of Terrell ....... July 1, 1997, July 8,

1997, Terrell Tribune.

The Honorable Don L. Lindsay,

Mayor, City of Terrell, P.O. Box

310, Terrell, Texas 75160.

June 17, 1997 ..... 480416

(Catalog of Federal Domestic Assistance No.

83.100, ‘‘Flood Insurance.’’)

Dated: December 18, 1997.

Michael J. Armstrong,

Associate Director for Mitigation.

[FR Doc. 97–33932 Filed 12–29–97; 8:45 am]

BILLING CODE 6718–04–P

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 67

Final Flood Elevation Determinations

AGENCY: Federal Emergency

Management Agency (FEMA).

ACTION: Final rule.

SUMMARY: Base (1% annual chance)

flood elevations and modified base

flood elevations are made final for the

communities listed below. The base

flood elevations and modified base

flood elevations 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).

EFFECTIVE DATE: The date of issuance of

the Flood Insurance Rate Map (FIRM)

showing base flood elevations and

modified base flood elevations 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:

Frederick H. Sharrocks, Jr., Chief,

Hazard Identification Branch, Mitigation

Directorate, 500 C Street SW.,

Washington, DC 20472, (202) 646–2796.
Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations 67743

SUPPLEMENTARY INFORMATION: The

Federal Emergency Management Agency

makes final determinations listed below

of base flood elevations and modified

base flood elevations for each

community listed. The proposed base

flood elevations and proposed modified

base flood elevations 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 base

flood elevations and proposed modified

base flood elevations 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 base flood elevations and

modified base flood elevations 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 Associate Director for Mitigation

certifies that this rule is exempt from

the requirements of the Regulatory

Flexibility Act because final or modified

base flood elevations 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 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

# Depth in

feet above

ground.

*Elevation

in feet

(NGVD)

ARKANSAS

Central City (town), Sebastian County (FEMA Docket

No. 7222)

Vache Grasse Creek:

At State Highway 255 ........... *399

Maps are available for inspection at the Town of

Central City Town Hall, 1101

Highway 255, Central City,

Arkansas.

———

Stuttgart (city) and Arkansas

County (Unincorporated

areas) (FEMA Docket No.

7222)

Bull Ditch:

Approximately 6,700 feet

downstream of Oak Street

(extended) .......................... 1 *211

Just upstream of Vine Street 2 *213

Lateral 1:

At confluence with Bull Ditch 2 *212

Approximately 50 feet downstream of Park Avenue ...... 2 *213

Lateral 1A:

At confluence with Lateral 1 2 *213

Ditch 7:

At confluence with Ditch 7A .. 2 *198

Approximately 950 feet upstream of St. Louis Southwestern Railroad ................ 2 *200

Ditch 7A:

Just upstream of County

Road .................................. 1 *198

Approximately 8,100 feet upstream of County Road ..... 2 *206

Ditch 7B:

At confluence with Ditch 7 .... 2 *198

Just upstream of Buerkle

Street ................................. 2 *203

Elm Prong:

Just upstream of Route 130 1 *212

Mill Bayou:

Source of flooding and location

# Depth in

feet above

ground.

*Elevation

in feet

(NGVD)

Just upstream of Route 130

(downstream crossing) ...... 1 *212

Approximately 1,100 feet upstream of Route 130 (upstream crossing) ................ 2 *214

Ditch 3B:

At confluence with Mill Bayou 1 *213

Approximately 1,000 feet upstream of McCraken Street 2 *215

Main Ditch:

Approximately 9,100 feet

downstream of Railroad

Spur ................................... 1 *201

Just downstream of Railroad

Spur ................................... 1 *211

Just upstream of 19th Street

East .................................... 2 *214

Lateral A:

At confluence with Main Ditch 2 *214

Stuttgart King Bayou Ditch:

Just downstream of County

Road .................................. 1 *197

Just upstream of Fourth

Street ................................. 2 *202

Maps are available for inspection at the City of Stuttgart Water Department, 612

South College, Stuttgart, Arkansas.

Maps are available for inspection at the Arkansas

County Courthouse, 101

Court Square, Dewitt, Arkansas.

1Affects Arkansas County.

2Affects the City of Stuttgart.

———

Sebastian County (Unincorporated areas) (FEMA

Docket No. 7222)

Vache Grasse Creek:

At Old Military Road (State

Highway 256) ..................... *399

Maps are available for inspection at the County

Courthouse, 35 South Sixth

Street, Fort Smith, Arkansas.

CALIFORNIA

Lake County (Unincorporated areas) (FEMA

Docket No. 7218)

Putah Creek:

Approximately 8,450 feet

downstream of confluence

of Coyote Creek ................ *940

Approximately 200 feet

downstream of confluence

of Coyote Creek ................ *956

Approximately 500 feet

downstream of State Highway 29 ............................... *964

Putah Creek Left Overbank:

At southeast meeting of

Mountain Meadow Roads

North and South ................ *953

Approximately 700 feet upstream of confluence of

Coyote Creek, east of

levee .................................. *955

Coyote Creek:

Approximately 1,400 feet

downstream of Hartman

Road .................................. *957
67744 Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations

Source of flooding and location

# Depth in

feet above

ground.

*Elevation

in feet

(NGVD)

Approximately 300 feet

downstream of Hartman

Road .................................. *961

Butts Canyon Creek:

Approximately 3,600 feet

downstream of Loconomi

Road .................................. *1,082

Approximately 4,100 feet upstream of Butts Canyon

Road .................................. *1,115

Copsey Creek:

At confluence with Cache

Creek ................................. *1,331

Approximately 100 feet upstream of Morgan Valley

Road .................................. *1,348

Approximately 950 feet upstream of Morgan Valley

Road .................................. *1,351

Herdon Creek:

At confluence with Cache

Creek ................................. *1,331

Just upstream of Bonham

Road .................................. *1,345

Approximately 4,700 feet upstream of Bonham Road ... *1,371

Long Valley Creek:

Approximately 150 feet

downstream of New Long

Valley Road ....................... *1,099

Approximately 9,550 feet upstream of Old Long Valley

Road .................................. *1,181

Long Valley Creek—Right

Overbank Split Flow:

At convergence with main

channel, approximately

1,540 feet upstream of Old

Long Valley Road .............. *1,145

At divergence from main

channel, approximately

4,850 feet upstream of Old

Long Valley Road .............. *1,169

Wolf Creek:

At confluence with North Fork

Cache Creek ...................... *1,129

Approximately 1,350 feet upstream of Wolf Creek Road

crossing, upstream of dam *1,230

Morrison Creek:

Just upstream of State Highway 20 ............................... *1,332

Approximately 540 feet upstream of Foothill Road ..... *1,368

Eighth Avenue Drain and North

Tributary:

Just downstream of State

Highway 20 ........................ *1,332

Just downstream of Foothill

Road .................................. *1,385

Eighth Avenue Drain—South

Tributary:

Approximately 50 feet downstream of Ninth Avenue ..... *1,349

Just upstream of Foothill

Road .................................. *1,384

17th Avenue Drain:

Just upstream of State Highway 20 ............................... *1,332

Approximately 890 feet upstream of Trailer Park upstream crossing ................. *1,373

Thurston Creek:

Approximately 5,970 feet

downstream of Soda Bay

Road .................................. *1,765

Approximately 4,150 feet upstream of Soda Bay Road,

second upstream crossing *1,869

Source of flooding and location

# Depth in

feet above

ground.

*Elevation

in feet

(NGVD)

Maps are available for inspection at the Lake County

Department of Public Works,

Lake County Courthouse,

255 North Forbes Street,

Room 309, Lakeport, California.

——— Palmdale (city) and Los Angeles County (Unincorporated areas) (FEMA

Docket No. 7222)

Anaverde Creek:

Just downstream of Antelope

Valley Freeway (California

State Highway 14) ............. *2,742

Approximately 5,000 feet upstream of Tierra Subida, at

an unnamed road .............. *2,876

Just upstream of Leona Siphon ................................... *2,929

Maps are available for inspection at the City of

Palmdale, 712 East Palmdale

Boulevard, Palmdale, California.

Maps are available for inspection at 23920 Valencia

Boulevard, Santa Clarita,

California.

——— Redding (city) and Shasta

County (Unincorporated

areas) (FEMA Docket No.

7222)

Olney Creek:

Just upstream of AndersonCottonwood Irrigation District Canal .......................... *481

Approximately 100 feet upstream of Texas Springs

Road .................................. *530

Stillwater Creek:

At Dersch Road ..................... *409

Approximately 9,100 feet upstream of Dersch Road ..... *437

At Rancho Road .................... *475

Approximately 500 feet upstream of Rancho Road .... 476

Maps are available for inspection at the City of Redding Development Services

Department, 760 Parkview

Avenue, Redding, California.

Maps are available for inspection at the Shasta

County Department of Public

Works, 1855 Placer Street,

Redding, California.

KANSAS

Fort Scott (city), Bourbon

County (FEMA Docket No.

7222)

Buck Run:

At Wall Street ........................ *799

Just upstream of Tenth

Street ................................. *831

Approximately 1,200 feet upstream of 23rd Street ........ *895

Buck Run East Fork:

At confluence with Buck Run *841

Just upstream of St. LouisSan Francisco Railroad ..... *870

Buck Run Tributary:

At confluence with Buck Run *814

Source of flooding and location

# Depth in

feet above

ground.

*Elevation

in feet

(NGVD)

Approximately 520 feet upstream of Wilson Street ..... *851

Maps are available for inspection at the City of Fort

Scott City Hall, 1 East Third

Street, Fort Scott, Kansas.

———

Lyons (city), Rice County

(FEMA Docket No. 7206)

Salt Creek:

Approximately 3,000 feet

downstream of American

Road .................................. *1,654

At Second Street ................... *1,686

Surprise Creek:

Approximately 200 feet

downstream of American

Road .................................. *1,662

At Second Street ................... *1,686

Maps are available for inspection at City Hall, 217

East Avenue South, Lyons,

Kansas.

NEBRASKA

Otoe County (Unincorporated

areas) (FEMA Docket No.

7222)

Missouri River:

Approximately 3.8 miles

downstream of confluence

of Camp Creek .................. *913

Approximately 23.1 miles upstream of confluence of

Camp Creek ...................... *940

Maps are available for inspection at the Otoe County

Courthouse, 1021 Central

Avenue, Nebraska City, Nebraska.

OREGON

Gold Beach (city), Curry

County (FEMA Docket No.

7218)

Pacific Ocean:

Along shoreline, just south of

mouth of Cunniff Creek ..... *15

Along shoreline, approximately 3,800 feet north of

mouth of Hunter Creek ...... *20

Maps are available for inspection at the City of Gold

Beach City Hall, 29592

Ellensburg Avenue, Gold

Beach, Oregon.

SOUTH DAKOTA

Custer (city), Custer County

(FEMA Docket No. 7218)

French Creek:

At eastern corporate limits,

approximately 400 feet upstream of County Road

394 ..................................... *5,270

Downstream of U.S. Highway

16A .................................... *5,333

Laughing Water Creek:

At confluence with French

Creek ................................. *5,292

At unnamed road approximately 250 feet upstream

of Clay Street ..................... *5,338

Highway 385 Tributary:
Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations 67745

Source of flooding and location

# Depth in

feet above

ground.

*Elevation

in feet

(NGVD)

At confluence with French

Creek ................................. *5,318

Approximately 2,700 feet

above mouth ...................... *5,347

Maps are available for inspection at the City of Custer City Hall, 622 Crook

Street, Custer, South Dakota.

———

Custer County (Unincorporated areas) (FEMA

Docket No. 7218)

French Creek:

Just upstream of Sewage

Disposal Plant Road .......... *5,252

Just upstream of County

Road 394 ........................... *5,269

Just downstream of an

unnamed road approximately 580 feet upstream

of County Road 395 .......... *5,345

Highway 385 Tributary:

Approximately 1,000 feet upstream from confluence

with French Creek ............. *5,327

At unnamed road approximately 4,400 feet upstream

of confluence with French

Creek ................................. *5,369

Maps are available for inspection at the Custer County Courthouse, 420 Mt. Rushmore Road, Custer, South

Dakota.

TEXAS

Denton County (and Incorporated areas) (FEMA

Docket No. 7222)

Clear Creek:

Just upstream of Interstate

Highway 35 ........................ *620

Just upstream of FM 455 ...... *669

Approximately 24,100 feet

upstream of Waide Road .. *698

Duck Creek:

Approximately 4,450 feet

downstream of Duck Creek

Road .................................. *623

Just upstream of Sam Bass

Road .................................. *691

Milam Creek:

Approximately 1,450 feet

above mouth ...................... *561

Approximately 540 feet upstream of Interstate 35

southbound frontage road *666

North Hickory Creek:

Just upstream of FM 156

(First Street extended) ....... *675

Approximately 600 feet upstream of Plainview Road *686

Elizabeth Creek:

Approximately 6,200 feet

above mouth ...................... *571

Approximately 130 feet upstream of John Day Road *731

Maps are available for inspection at the Denton

County Government Center,

Department of Planning, 306

North State Route 288, Denton, Texas.

Source of flooding and location

# Depth in

feet above

ground.

*Elevation

in feet

(NGVD)

Maps are available for inspection at the City of Denton, City Hall West, 221

North Elm, Denton, Texas.

Maps are available for inspection at the City of Roanoke City Hall, 201 Bowie

Street, Roanoke, Texas.

———

Highland Village (city), Denton County (FEMA Docket

No. 7222)

Hickory Creek Arm Tributary 1:

At Sellmeyer Lane ................. *537

At Tanglewood Lane ............. *552

Hickory Creek Arm Tributary 2:

At confluence with Hickory

Creek Arm Tributary 1 ....... *539

At Lakevista West ................. *544

Copperas Branch:

Approximately 670 feet

downstream of Cuero

Place, at the Cities of

Highland Village and

Lewisville corporate limits .. *569

Approximately 710 feet upstream of Sellmeyer Lane *580

Maps are available for inspection at the City of Highland Village City Hall, 1800

FM 407, Highland Village,

Texas.

———

Lewisville (city), Denton

County (FEMA Docket No.

7222)

Copperas Branch:

Along Aspen Drive, 300 feet

north of intersection with

Maxwell Drive .................... *569

Maps are available for inspection at the City of

Lewisville City Hall, 1197

West Main Street, Lewisville,

Texas.

WASHINGTON

King County (and Incorporated areas) (FEMA

Docket No. 7222)

North Fork Issaquah Creek:

At confluence with Issaquah

Creek ................................. *51

Approximately 150 feet upstream of Southeast 62nd

Street ................................. *56

Approximately 570 feet upstream of 66th Street ......... *90

Bear Creek:

Approximately 100 feet upstream of State Route 202 *42

Approximately 100 feet upstream of Northeast Novelty Hill Road ..................... *62

Approximately 80 feet upstream of Avondale Road .. *90

Evans Creek:

At confluence with Bear

Creek ................................. *47

Approximately 0.74 mile upstream of confluence with

Bear Creek ........................ *55

South Fork Skykomish River:

Source of flooding and location

# Depth in

feet above

ground.

*Elevation

in feet

(NGVD)

At Snohomish-King County

line, approximately 6 miles

downstream of Burlington

Northern Railroad .............. *748

Approximately 100 feet

downstream of Fifth Street,

in the Town of Skykomish *926

Approximately 0.52 mile upstream of U.S. Highway 2

(Northeast Stevens Pass

Highway) ............................ *1,039

Middle Fork Snoqualmie River:

Approximately 0.35 mile

downstream of Mount Si

Road .................................. *467

Approximately 0.44 mile upstream of Mount Si Road .. *495

Approximately 3.57 miles upstream of Mount Si Road .. *629

North Fork Snoqualmie River:

At mouth, approximately 0.36

mile downstream of 428th

Avenue Southeast ............. *427

Approximately 2.06 miles upstream of 428th Avenue

Southeast ........................... *482

South Fork Skykomish River:

Approximately 200 feet upstream of confluence with

Maloney Creek .................. *922

Approximately 0.46 mile upstream of Fifth Street North *940

North Creek:

At confluence with

Sammomish River ............. *22

At 208th Street Southeast ..... *122

Maps are available for inspection at the King County

Department of Development

and Environmental Services,

3600 136th Place Southeast,

Bellevue, Washington.

Maps are available for inspection at the Town of

Skykomish, 119 Fourth Street

North, Skykomish, Washington.

Maps are available for inspection at the City of

Issaquah Planning Department, 130 East Sunset Way,

Issaquah, Washington.

Maps are available for inspection at the City of

Redmond, 15670 Northeast

85th Street, Redmond,

Washington.

———

Selah (city), Yakima County

(FEMA Docket No. 7218)

Yakima River:

Approximately 700 feet upstream of Selah Highway

Bridge ................................ *1,088

Approximately 7,700 feet upstream of Selah Highway

Bridge ................................ *1,098

Maps are available for inspection at the City of Selah

Building Department, City

Hall, 115 West Naches Avenue, Selah, Washington.
67746 Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations

Source of flooding and location

# Depth in

feet above

ground.

*Elevation

in feet

(NGVD)

———

Union Gap (city), Yakima

County (FEMA Docket No.

7218)

Yakima River:

Just upstream of Ahtanum

Road at the corporate limits ....................................... *971

Approximately 3,700 feet upstream of Ahtanum Road

at the corporate limits ........ *982

Maps are available for inspection at the City of Union

Gap Department of Community Development, City Hall,

102 West Ahtanum Road,

Union Gap, Washington.

———

Yakima (city), Yakima County

(FEMA Docket No. 7218)

Yakima River:

Approximately 1.1 miles

downstream of East Nob

Hill Road ............................ *986

Approximately 1.8 miles upstream of Burlington Northern Railroad ....................... *1,083

Maps are available for inspection at the City of Yakima Department of Community and Economic Development, City Hall, 129 North

Second Street, Yakima,

Washington.

———

Yakima County (Unincorporated areas) (FEMA

Docket No. 7218)

Yakima River:

Approximately 2,200 feet

downstream of Interstate

Highway 82 (near Wapato

Dam) .................................. *945

Approximately 600 feet upstream of confluence with

Selah Creek ....................... *1,152

Maps are available for inspection at the Yakima

County Planning Department,

Yakima County Courthouse,

Room 417, 128 North Second Street, Yakima, Washington.

WYOMING

Sheridan County (Unincorporated areas) (FEMA

Docket No. 7222)

Big Goose Creek:

Approximately 1,800 feet

downstream of State Highway 388 ............................. *3,697

Approximately 4 miles upstream of Works Street ..... *3,800

Little Goose Creek:

Approximately 1,250 feet

downstream of Brundage

Lane ................................... *3,782

Just upstream of County

Road 66 ............................. *3,836

Tongue River:

Approximately 2 miles downstream of Wolf Creek

Road, at the north section

line of Section 20 ............... *3,728

Source of flooding and location

# Depth in

feet above

ground.

*Elevation

in feet

(NGVD)

Just upstream of Wolf Creek

Road .................................. *3,761

Approximately 3 miles upstream of Wolf Creek Road *3,776

Fivemile Creek:

At township line between

Townships 85 and 86 West *3,776

Approximately 800 feet upstream of township line between Townships 85 and

86 West ............................. *3,780

Maps are available for inspection at the Sheridan

County Engineering Department, 224 South Main Street,

Sheridan, Wyoming.

(Catalog of Federal Domestic Assistance No.

83.100, ‘‘Flood Insurance.’’)

Dated: December 18, 1997.

Michael J. Armstrong,

Associate Director for Mitigation.

[FR Doc. 97–33930 Filed 12–29–97; 8:45 am]

BILLING CODE 6718–04–P

LEGAL SERVICES CORPORATION

45 CFR Part 1643

Restriction on Assisted Suicide,

Euthanasia, and Mercy Killing

AGENCY: Legal Services Corporation.

ACTION: Final rule.

SUMMARY: This final rule is intended to

implement a new statutory restriction

that amends the Legal Services

Corporation Act and is applicable to

recipients of grants from the Legal

Services Corporation. The restriction

prohibits the use of LSC funds by

recipients for legal or other assistance

that would cause, assist in, advocate for,

or fund assisted suicide, euthanasia, or

mercy killing.

DATES: This final rule is effective on

January 29, 1998.

FOR FURTHER INFORMATION CONTACT:

Office of the General Counsel, (202)

336–8817.

SUPPLEMENATARY INFORMATION: The

Assisted Suicide Funding Restriction

Act of 1997 (‘‘Assisted Suicide Act’’ or

‘‘Act’’), Pub. L. 105–12, was enacted and

became effective on April 30, 1997.

Several provisions of the Assisted

Suicide Act expressly apply to the Legal

Services Corporation (‘‘LSC’’ or

‘‘Corporation’’), one of which amends

Section 1007(b) of the LSC Act, 42

U.S.C. 2996f(b)(11). This rule is

intended to implement this legislation

as it applies to the Corporation and its

recipients.

On September 19, 1997, the

Corporation’s Operations and

Regulations Committee (‘‘Committee’’)

of the LSC Board of Directors (‘‘Board’’)

held public hearings in Washington, DC,

on a draft proposed rule in Washington,

DC, and, after making revisions to the

draft, adopted a proposed rule for

publication in the Federal Register for

public notice and comment. The

Corporation received two timely

comments, one from the Advocacy

Training/Technical Assistance Center

(‘‘ATTAC’’) and another from the

National Legal Center for the Medically

Dependent & Disabled, Inc. (‘‘Legal

Center’’). Both comments stated that, in

general, the proposed rule fairly and

accurately reflected the intent of

Congress in enacting the Assisted

Suicide Act. ATTAC, however,

recommended including several

clarifying provisions in the final rule

and questioned whether the

recordkeeping provision should be less

burdensome. The comment from the

Legal Center urged that the final rule

address the effect of the rule on free

speech activities in a public forum.

These comments are addressed more

specifically in the section-by-section

analysis below.

On November 14, 1997, the

Committee met in Washington, DC, to

consider public comment and act on a

draft final rule. The Committee made

several clarifying changes to the

proposed rule and recommended

adoption of the revised rule to the

Board. The Board adopted the

recommended rule as final on

November 15, 1997.

Background and Summary of Law

The stated purpose of the Assisted

Suicide Act is to maintain current

Federal policy that Federal funds not be

used to support, assist in, or advocate

for assisted suicide, euthanasia or mercy

killing. H. Rep. No. 46, 105th Cong., 1st

Sess. at 3 (April 8, 1997). Although

assisted suicide, euthanasia and mercy

killing are illegal in almost all states,

Congress was concerned that pending

litigation might change the status quo

and wanted to make it clear by

legislation that, regardless of a change in

State law, Federal policy would remain

the same. H. Rep. at 3–4. Subsequent to

the passage of the Act, the Supreme

Court upheld as constitutional laws in

the States of New York and Washington

which prohibit assisted suicide and

euthanasia. See Vacco v. Quill, 117 S.

Ct. 2293 (1997); Washington v.

Glucksberg, 117 S. Ct. 2302 (1997). The

State of Oregon, on the other hand,

adopted an initiative in 1996 that

legalized physician-assisted suicide for