9690 Federal Register / Vol. 62, No. 42 / Tuesday, March 4, 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.

Texas: Collin (FEMA Docket No. 7200).City of Plano ............... Oct. 9, 1996; Oct. 16,

1996; Plano Star Courier.

The Honorable James N.

Muns, Mayor, City of

Plano, P.O. Box

860358, Plano, Texas

75086–0358.

Sept. 12, 1996 ....... 480140

Texas: Wichita (FEMA

Docket No. 7200).

City of Wichita Falls .... Oct. 3, 1996; Oct. 10,

1996; Wichita Falls

Times Record News.

The Honorable Kay

Yeager, Mayor, City of

Wichita Falls, P.O. Box

1431, Wichita Falls,

Texas 76307.

Sept. 24, 1996 ....... 480662

(Catalog of Federal Domestic Assistance No.

83.100, ‘‘Flood Insurance.’’)

Dated: February 24, 1997.

Richard W. Krimm,

Executive Associate Director, Mitigation

Directorate.

[FR Doc. 97–5271 Filed 3–3–97; 8:45 am]

BILLING CODE 6718–04–P

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.

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 Executive 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)

ARIZONA

Graham County (Unincorporated Areas) (FEMA

Docket No. 7198)

Gila River:
Federal Register / Vol. 62, No. 42 / Tuesday, March 4, 1997 / Rules and Regulations 9691

Source of flooding and location

# Depth in

feet above

ground.

*Elevation

in feet

(NGVD)

At downstream limit of detailed

study (approximately 4,300

feet downstream of Eighth

Avenue) ............................... *2,888

At upstream limit of detailed

study .................................... *2,938

Maps are available for inspection at the Graham County

Planning and Zoning Department, 800 Main Street,

Safford, Arizona.

———

Safford (City), Graham County

(FEMA Docket No. 7198)

Gila River:

Approximately 100 feet upstream of First Avenue ........ *2,909

At upstream corporate limits ... *2,916

Maps are available for inspection at the City of Safford Department of Public Works, 717

Main Street, Safford, Arizona.

ARKANSAS

Franklin County and Incorporated Areas (FEMA Docket No. 7198)

Arkansas River:

At Franklin-Johnson County

Line ...................................... *360

At Franklin-Crawford County

Line ...................................... *388

Mulberry River:

Approximately 2.2 miles downstream of State Highway 23 *686

Approximately 3.1 miles upstream of State Highway 23 *741

Fane Creek:

At confluence with Mulberry

River .................................... *723

Approximately 0.4 mile upstream of State Highway 23 *758

Maps are available for inspection at the Franklin County

Courthouse, 211 West Commercial, Ozark, Arkansas.

Maps are available for inspection at the City of Ozark City

Hall, 607 College Street,

Ozark, Arkansas.

CALIFORNIA

Jackson (City), Amador

County (FEMA Docket No.

7198)

North Fork Jackson Creek:

Approximately 200 feet upstream of Stark Lane ........... *1,269

Approximately 930 feet upstream of Jackson Gate

Road .................................... *1,316

Oneida Creek:

At confluence with North Fork

Jackson Creek ..................... *1,296

Approximately 1,820 feet upstream of confluence ........... *1,334

Source of flooding and location

# Depth in

feet above

ground.

*Elevation

in feet

(NGVD)

New York Ranch Creek:

Approximately 150 feet downstream of Court Street ......... *1,215

Approximately 1,340 feet upstream of Rollingwood Drive *1,341

Placer Drive:

At storm drain inlet approximately 1,520 feet upstream

of confluence with New York

Ranch Creek ........................ *1,248

Approximately 2,000 feet upstream of confluence ........... *1,255

Maps are available for inspection at the City of Jackson

City Hall, 33 Broadway, Jackson, California.

———

Amador County (Unincorporated Areas) (FEMA

Docket No. 7198)

Sutter Creek:

Just upstream of Sutter Creek

Road .................................... *1,250

Approximately 5 miles upstream of Sutter Creek

Road .................................... *1,452

North Fork Jackson Creek:

Approximately 850 feet upstream of Stark Lane ........... *1,278

Approximately 50 feet upstream of Jackson Gate

Road .................................... *1,300

Approximately 940 feet upstream of Jackson Gate

Road .................................... *1,316

Oneida Creek:

Approximately 1,340 feet upstream of confluence with

North Fork Jackson Creek .. *1,318

South Fork Jackson Creek:

Approximately 3,150 feet upstream of Broadway ............ *1,249

Maps are available for inspection at the Amador County

Department of Planning, Administrative Center, 500 Argonaut Lane, Jackson, California.

———

Carlsbad (City), San Diego

County (FEMA Docket No.

7146)

Agua Hedionda Creek:

Approximately 1,400 feet

downstream of El Camino

Real Drive ............................ *32

Approximately 1,400 feet

downstream of El Camino

Real (right levee removed) .. *30

Approximately 1,400 feet

downstream of El Camino

Real (left bank flow) ............ *37

Approximately 100 feet upstream of Rancho Carlsbad

(upstream crossing) ............. *61

Source of flooding and location

# Depth in

feet above

ground.

*Elevation

in feet

(NGVD)

Approximately 100 feet upstream of an unnamed road

(approximately 8,200 feet

upstream of El Camino

Real) .................................... *102

Calavera Creek:

At confluence with Agua

Hedionda Creek (south side

of floodwall) ......................... *48

At confluence with Agua

Hedionda Creek (north side

of floodwall) ......................... *39

Just upstream of the floodwall *61

Approximately 700 feet upstream of confluence with

Calavera Creek Splitflow ..... *74

Calavera Creek Splitflow:

Approximately 700 feet upstream of confluence with

Calavera Creek .................... *73

Maps are available for inspection at the City of Carlsbad

Engineering Department, 2075

Las Palmas Drive, Carlsbad,

California.

———

Chula Vista (City), San Diego

County (FEMA Docket No.

7146)

Poggi Canyon Creek:

Approximately 2,200 feet upstream of Oleander Avenue *207

Approximately 2,500 feet upstream of Oleander Avenue *212

Telegraph Canyon Creek:

170 feet upstream of Telegraph Canyon Road ............ *344

50 feet downstream of Otay

Lakes Road ......................... *451

3,540 feet upstream of Otay

Lakes Road ......................... *499

Maps are available for inspection at the City of Chula Vista

City Hall, 276 Fourth Avenue,

Chula Vista, California.

———

El Cajon (City), San Diego

County (FEMA Docket No.

7146)

Forester Creek:

Approximately 110 feet below

Terra Lane ........................... *541

At Terra Lane .......................... *542

Approximately 65 feet upstream of Terra Lane at corporate limits ......................... *542

Maps are available for inspection at the City of El Cajon

Department of Public Works,

200 East Main Street, El

Cajon, California.

———

Escondido (City), San Diego

County (FEMA Docket No.

7146)

Maywood Wash:
9692 Federal Register / Vol. 62, No. 42 / Tuesday, March 4, 1997 / Rules and Regulations

Source of flooding and location

# Depth in

feet above

ground.

*Elevation

in feet

(NGVD)

50 feet east of intersection of

La Honda Drive and Dippon

Lane ..................................... # 1

Kit Carson Park Creek:

1,200 feet downstream of Via

Rancho Parkway (at Lake

Hodges) ............................... *326

Maps are available for inspection at the City of Escondido

Public Works Department, 201

North Broadway, Escondido,

California.

———

Escondido (City), San Diego

County (FEMA Docket No.

7146)

Reidy Creek:

Approximately 19,000 feet upstream of confluence with

Escondido Creek ................. *740

Just upstream of the North

Broadway Avenue Bridge .... *753

Approximately 20,500 feet upstream of confluence with

Escondido Creek ................. *754

Approximately 22,050 feet upstream of confluence with

Escondido Creek ................. *767

Approximately 22,550 feet upstream of confluence with

Escondido Creek ................. *770

Maps are available for inspection at the City of Escondido

Public Works Department, 201

North Broadway, Escondido,

California.

———

Mountain View (City), Santa

Clara County (FEMA Docket No. 7188)

Permanente Creek:

Approximately 1,400 feet

downstream of Shoreline

Parkway ............................... *8

Approximately 1,100 feet upstream of Shoreline Parkway ...................................... *9

At U.S. Route 101 (Bayshore

Freeway) .............................. *14

Permanente Creek-East

Overbank:

Just downstream of Amphitheater Parkway ................... *8

Approximately 850 feet upstream of Amphitheater

Parkway ............................... *9

Permanente Creek-West

Overbank:

Approximately 500 feet downstream of Amphitheater

Parkway ............................... *8

Approximately 850 feet upstream of Amphitheater

Parkway ............................... *9

Source of flooding and location

# Depth in

feet above

ground.

*Elevation

in feet

(NGVD)

Maps are available for inspection at the City of Mountain

View Department of Public

Works, 500 Castro Street,

Mountain View, California.

———

Oceanside (City), San Diego

County (FEMA Docket No.

7146)

Pilgrim Creek:

Approximately 2,300 feet

downstream of confluence

with Windmill Canyon .......... *52

Approximately 1,600 feet upstream of confluence with

Windmill Canyon .................. *56

Approximately 3,600 feet upstream of confluence with

Windmill Canyon .................. *57

Maps are available for inspection at the City of Oceanside

Engineering Department, 300

North Hill Street, Oceanside,

California.

———

Orinda (City), Contra Costa

County (FEMA Docket No.

7198)

Orinda Village Overflow from

San Pablo Creek:

Approximately 150 feet downstream of Orinda Way ......... *402

Just upstream of Orinda Way *412

Approximately 600 feet upstream of Camino Sobrante *430

San Pablo Creek (Reach 1):

Approximately 500 feet upstream of Camino Sobrante *432

Approximately 800 feet upstream of confluence with

Overhill Creek ...................... *479

San Pablo Creek (Reach 2):

Approximately 150 feet downstream of Brookside Road ... *527

Just upstream of Brookside

Road .................................... *538

Just upstream of Greenwood

Court .................................... *731

Brookside Road Tributary:

At confluence with San Pablo

Creek ................................... *522

Approximately 1,500 feet upstream of Brookside Road ... *591

Maps are available for inspection at the City of Orinda Department of Planning, City

Hall, 26 Orinda Way, Orinda,

California.

———

San Diego (City), San Diego

County (FEMA Docket No.

7146)

Lusardi Creek:

Approximately 4,200 feet upstream of confluence with

San Diequito River .............. *122

Source of flooding and location

# Depth in

feet above

ground.

*Elevation

in feet

(NGVD)

Approximately 5,500 feet upstream of confluence with

San Diequito River .............. *134

Maps are available for inspection at the City of San Diego

Engineering Department, 202

C Street, San Diego, California.

———

San Diego (City), San Diego

County (FEMA Docket No.

7146)

Beeler Creek:

1,200 feet downstream of Old

Pomerado Road .................. *446

500 feet downstream of Old

Pomerado Road .................. *457

Approximately 1.6 miles upstream of Pomerado Road .. *604

Approximately 2.1 miles upstream of Pomerado Road .. *636

Carroll Canyon Creek:

950 feet upstream of Willow

Creek Road ......................... *523

Approximately 2,500 feet

downstream of Avenida

Magnifica ............................. *559

Rose Canyon Creek:

450 feet downstream of Balboa Avenue ......................... *13

200 feet downstream of Mission Bay Drive ..................... *17

1,350 feet upstream of Interstate Highway 805 ............... *261

1,800 feet upstream of Interstate Highway 805 ............... *265

Soledad Canyon:

Upstream side of North Torrey

Pines Road .......................... *11

2,000 feet upstream of North

Torrey Pines Road .............. *12

Maps are available for inspection at the City of San Diego

City Hall, 202 C Street, San

Diego, California.

———

San Diego County (Unincorporated Areas) (FEMA

Docket No. 7146)

Witch Creek:

Approximately 7,700 feet upstream of confluence with

Santa Ysabel Creek ............ *2,487

Approximately 11,360 feet upstream of confluence with

Santa Ysabel Creek ............ *2,566

Approximately 11,900 feet upstream of confluence with

Santa Ysabel Creek ............ *2,723

Approximately 18,100 feet upstream of confluence with

Santa Ysabel Creek ............ *2,782

Rainbow Creek:

Approximately 100 feet downstream of Old Highway 395 *1,028

At Fifth Street .......................... *1,036

At Huffstatler Street ................. *1,044
Federal Register / Vol. 62, No. 42 / Tuesday, March 4, 1997 / Rules and Regulations 9693

Source of flooding and location

# Depth in

feet above

ground.

*Elevation

in feet

(NGVD)

At Rainbow Valley Boulevard *1,049

Approximately 4,225 feet upstream of Rainbow Valley

Boulevard ............................. *1,073

Rainbow Creek (West Branch):

At confluence with Rainbow

Creek ................................... *1,044

At First Street .......................... *1,058

Approximately 1,900 feet upstream of First Street ........... *1,070

Steele Canyon Creek:

Approximately 480 feet upstream of confluence with

Sweetwater River ................ *313

At Miller Ranch Road .............. *325

At Stony Oak Drive ................. *472

At Aurora Vista Road .............. *530

At Vista Sage Lane ................. *754

Approximately 2,300 feet upstream of Vista Sage Lane .. *804

Eucalyptus Hills Creek (East

Branch):

Approximately 700 feet above

confluence with San Diego

River .................................... *374

At Riverside Drive ................... *380

At Lakeside Avenue ................ *388

Approximately 2,630 feet upstream of Lakeside Avenue *424

Eucalyptus Hills Creek (West

Branch):

Approximately 950 feet downstream of Riverside Drive .... *374

At Riverside Drive ................... *374

Approximately 0.75 mile upstream of Riverside Drive .... *423

Approximately 1.25 miles upstream of Riverside Drive .... *519

Lusardi Creek:

At confluence with the San

Diequito River ...................... *57

Approximately 3,000 feet upstream of confluence with

the San Diequito River ........ *90

Approximately 5,500 feet upstream of confluence with

the San Diequito River ........ *134

Beaver Hollow Creek:

Approximately 2,700 feet upstream of confluence with

the Sweetwater River .......... *1,076

Approximately 5,500 feet upstream of confluence with

the Sweetwater River .......... *1,134

Approximately 9,900 feet upstream of confluence with

the Sweetwater River .......... *1,273

Approximately 14,530 feet upstream of confluence with

the Sweetwater River .......... *1,447

Tributary to Sweetwater River:

Approximately 600 feet downstream of Easement Road .. *128

At Proctor Valley Road ........... *147

At El Rancho Grande Road .... *200

At San Miguel Road ................ *244

Approximately 1,350 feet upstream of San Miguel Road *268

Buena Creek:

Source of flooding and location

# Depth in

feet above

ground.

*Elevation

in feet

(NGVD)

Approximately 120 feet downstream of Buena Creek

Road .................................... *620

At Sugar Bush Drive ............... *642

At Hollyberry Drive .................. *662

Approximately 600 feet upstream of Hollyberry Drive ... *674

Moosa Creek (North Branch):

At unnamed road 1,600 feet

downstream of Valley Vista

Road .................................... *1,409

At Valley Vista Road ............... *1,462

At Cool Water Ranch Road .... *1,518

At Bates Nut Farm Road ........ *1,575

At Indian Hill Ranch Road ...... *1,596

At Lake Wohlford Road ........... *1,632

Just upstream of Canal Road *1,658

Moosa Creek (South Branch):

At confluence with Moosa

Creek ................................... *1,599

Approximately 990 feet downstream of Lake Wohlford

Road .................................... *1,613

Approximately 10 feet upstream of Lake Wohlford

Road .................................... *1,628

Gopher Canyon:

Just downstream of Old River

Road .................................... *149

Approximately 2,400 feet upstream of Old River Road ... *174

Approximately 4,700 feet upstream of Old River Road ... *208

At Gopher Canyon Road ........ *253

Approximately 3,650 feet upstream of Gopher Canyon

Road .................................... *320

At Robbie Lane ....................... *400

At Twin Oaks Valley Road ...... *453

Approximately 3,200 feet upstream of Twin Oaks Valley

Road .................................... *521

Escondido Creek:

Approximately 660 feet downstream of North Lake

Wohlford Road ..................... *1,492

At Bear Valley Heights Road .. *1,566

Approximately 1,800 feet upstream of Bear Valley

Heights Road ....................... *1,581

Pala Mesa Creek:

Just downstream of Old Route

395 ....................................... *311

At Canonita Drive .................... *384

Approximately 140 feet upstream of Valley Oaks Boulevard East ........................... *442

Slaughterhouse Creek:

Approximately 1,240 feet

downstream of Route 67 ..... *447

Just downstream of Slaughterhouse Canyon Road ............ *465

Approximately 1,680 feet upstream of Slaughterhouse

Canyon Road ....................... *490

Approximately 4,080 feet upstream of Slaughterhouse

Canyon Road ....................... *545

Forester Creek:

Source of flooding and location

# Depth in

feet above

ground.

*Elevation

in feet

(NGVD)

Approximately 110 feet downstream of Terra Lane ........... *541

Approximately 1,000 feet upstream of Greenfield Road .. *628

At Flume Drive ........................ *659

Approximately 0.25 mile upstream of Forester Creek

Road .................................... *740

Approximately 3,110 feet upstream of Forester Creek

Road .................................... *900

Approximately 1 mile upstream

of Forester Creek Road ....... *1,060

Approximately 7,530 feet upstream of Forester Creek

Road .................................... *1,178

Approximately 2 miles upstream of Forester Road ..... *1,280

Tributary to Forester Creek

(South Branch):

Approximately 1,150 feet

downstream of Fourth Street *518

Approximately 1,350 feet upstream of Fourth Street ....... *542

Approximately 2,950 feet upstream of Fourth Street ....... *562

Tributary to Forester Creek:

Approximately 2,250 feet

downstream of Third Street *490

Approximately 100 feet upstream of Third Street ......... *506

Approximately 30 feet downstream of Fourth Street ....... *532

Approximately 2,330 feet upstream of Fourth Street ....... *562

Santa Ysabel Creek:

Approximately 8,370 feet

downstream of Route 79 ..... *2,810

Just upstream of Route 79 ..... *2,930

Approximately 2,930 feet upstream of Route 79 .............. *2,993

Lawson Creek:

Approximately 7,200 feet upstream of confluence with

the Sweetwater River .......... *1,572

At Sloane Canyon Road ......... *1,636

Approximately 1,850 feet upstream of Sloane Canyon

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

Approximately 3,630 feet upstream of Sloane Canyon

Road .................................... *1,752

Approximately 5,050 feet upstream of Sloane Canyon

Road .................................... *1,770

Approximately 1,970 feet

downstream of Rudnick

Road .................................... *1,840

Approximately 730 feet downstream of Rudnick Road ...... *1,914

Approximately 70 feet upstream of Rudnick Road ...... *1,944

Approximately 1,510 feet upstream of Rudnick Road ...... *1,960

Coleman Creek:

Approximately 1,860 feet

downstream of Highway 78 *3,569

Approximately 400 feet upstream of Highway 78 ......... *3,604
9694 Federal Register / Vol. 62, No. 42 / Tuesday, March 4, 1997 / Rules and Regulations

Source of flooding and location

# Depth in

feet above

ground.

*Elevation

in feet

(NGVD)

Approximately 410 feet downstream of Calico Ranch

Road .................................... *3,620

Approximately 990 feet upstream of Calico Ranch

Road .................................... *3,660

Approximately 2,840 feet upstream of Calico Ranch

Road .................................... *3,740

Approximately 3,490 feet upstream of Calico Ranch

Road .................................... *3,780

Approximately 4,890 feet upstream of Calico Ranch

Road .................................... *3,869

Approximately 6,390 feet upstream of Calico Ranch

Road .................................... *3,914

Approximately 7,650 feet upstream of Calico Ranch

Road .................................... *3,941

Approximately 1.75 miles upstream of Calico Ranch

Road .................................... *3,974

Approximately 2 miles upstream of Calico Ranch

Road .................................... *4,012

Approximately 12,230 feet upstream of Calico Ranch

Road .................................... *4,044

Approximately 13,530 feet upstream of Calico Ranch

Road .................................... *4,164

Twin Oaks Valley Creek:

Approximately 300 feet downstream of Olive Street ......... *694

Approximately 400 feet upstream of Olive Street ......... *700

At Deer Springs Road ............. *723

Approximately 100 feet downstream of Tres Encinas

Road .................................... *770

Approximately 2,420 feet upstream of Tres Encinas

Road .................................... *809

Deer Springs Creek:

Approximately 75 feet downstream of Marilyn Lane ........ *723

Approximately 2,550 feet upstream of Marilyn Lane ........ *749

Approximately 3,965 feet upstream of Marilyn Lane ........ *774

Stevenson Creek:

Approximately 900 feet downstream of Deer Springs

Road .................................... *730

At Vista Merriam Road ............ *766

Approximately 200 feet upstream of Country Garden

Lane ..................................... *815

Olive Creek:

At confluence with Twin Oaks

Valley Creek ........................ *699

Approximately 1,800 feet upstream of confluence with

Twin Oaks Valley Creek ...... *715

Approximately 50 feet downstream of Kiso Lane ............ *724

Source of flooding and location

# Depth in

feet above

ground.

*Elevation

in feet

(NGVD)

Approximately 610 feet upstream of Kiso Lane ............ *738

Buena Creek:

Just downstream of the Atchison, Topeka and Santa Fe

Railroad ............................... *443

Just upstream of the Atchison,

Topeka and Santa Fe Railroad ...................................... *445

Approximately 300 feet upstream of the Atchison, Topeka and Santa Fe Railroad *447

Reidy Creek:

Approximately 20,650 feet

from confluence with Escondido Creek ........................... *756

Maps are available for inspection at the San Diego County

Department of Public Works,

Land Development Division,

5555 Overland Avenue, San

Diego, California.

———

San Diego County (Unincorporated Areas) (FEMA

Docket No. 7146)

Johnson Canyon Creek:

800 feet upstream of confluence with Otay River ....... # 1

920 feet upstream of confluence with Otay River ....... *229

4,500 feet upstream of confluence with Otay River ....... *307

14,030 feet upstream of confluence with Otay River ....... *511

San Luis Rey River:

2,100 feet downstream of Old

Highway 395 (Escondido

Expressway) ........................ 0

Just downstream of Shearer

Road .................................... 0

Maps are available for inspection at the San Diego County

Department of Public Works,

Land Development Division,

5555 Overland Avenue, San

Diego, California.

———

San Marcos (City), San Diego

County (FEMA Docket No.

7146)

Olive Creek:

Approximately 600 feet upstream of confluence with

Twin Oaks Valley Creek ...... *699

Approximately 815 feet upstream of confluence with

Twin Oaks Valley Creek ...... *704

Approximately 1,415 feet upstream of confluence with

Twin Oaks Valley Creek ...... *711

Twin Oaks Valley Creek:

Approximately 900 feet downstream of Olive Street ......... *690

Approximately 400 feet upstream of Olive Street ......... *700

Approximately 200 feet upstream of Mulberry Drive ..... *716

Source of flooding and location

# Depth in

feet above

ground.

*Elevation

in feet

(NGVD)

At Deer Springs Road ............. *723

Maps are available for inspection at the City of San Marcos

Engineering Services Department, One Civic Center Drive,

San Marcos, California.

———

Santee (City), San Diego

County (FEMA Docket No.

7146)

San Diego River:

Approximately 1,800 feet

downstream of Riverford

Road .................................... *354

Approximately 1,200 feet

downstream of Riverford

Road .................................... *361

Maps are available for inspection at the City of Santee City

Hall, 10601 Magnolia Avenue,

Santee, California.

———

Saratoga (City), Santa Clara

County (FEMA Docket No.

7198)

Calabazas Creek:

Approximately 600 feet upstream of Prospect Road .... *306

Just upstream of Wardell

Road .................................... *341

Prospect Creek:

At confluence with Calabazas

Creek ................................... *315

Just downstream of Prospect

Road .................................... *351

Maps are available for inspection at 13777 Fruitvale Avenue, Saratoga, California.

———

Sonoma County (Unincorporated Areas) (FEMA

Docket No. 7198)

Fryer Creek:

Just upstream of Leveroni

Road .................................... *56

Approximately 0.5 mile upstream of Leveroni Road ..... *60

Maps are available for inspection at the Sonoma County

Department of Permits and

Resources, 575 Administrative

Drive, Santa Rosa, California.

COLORADO

Colorado Springs (City), El

Paso County (FEMA Docket

No. 7202)

Pine Creek:

Approximately 950 feet upstream of Interstate 25 ........ *6,319

Approximately 480 feet upstream of Academy Boulevard ...................................... *6,441

Pine Creek Tributary:
Federal Register / Vol. 62, No. 42 / Tuesday, March 4, 1997 / Rules and Regulations 9695

Source of flooding and location

# Depth in

feet above

ground.

*Elevation

in feet

(NGVD)

Approximately 225 feet above

confluence with Pine Creek *6,378

Approximately 2,100 feet upstream of confluence with

Pine Creek ........................... *6,398

Maps are available for inspection at the City of Colorado

Springs Regional Building Department, 101 West Costilla

Street, Colorado Springs, Colorado.

———

El Paso County (Unincorporated Areas) (FEMA

Docket No. 7188)

Bear Creek:

At confluence with Fountain

Creek ................................... *5,939

Just above Eighth Street ......... *5,978

Approximately 570 feet upstream of Eighth Street ....... *5,985

Black Forest Creek:

Approximately 160 feet upstream of confluence with

Monument Creek ................. *6,657

Approximately 1,840 feet upstream of Gleneagle Drive .. *7,036

Black Forest Creek—Baptist

Road Tributary:

At confluence with Black Forest Creek ............................. *6,955

Approximately 250 feet upstream of Celtic Court ......... *7,160

Black Forest Creek—Middle

Tributary:

Just upstream of Interstate 25 *6,725

Approximately 100 feet upstream of Westchester Drive *6,808

Camp Creek:

At confluence with Fountain

Creek ................................... *6,110

Just upstream of 31st Street ... *6,266

Just upstream of Gateway

Road .................................... *6,314

Approximately 1.5 miles upstream of Gateway Road .... *6,524

Crystal Creek:

At confluence with Monument

Lake ..................................... *6,922

Approximately 800 feet upstream of Deer Creek Road *7,138

Crystal Creek—Split Flow Channel:

At confluence with Dirty

Woman Creek ...................... *7,000

Approximately 1,000 feet upstream of Frontage Road .... *7,061

Dirty Woman Creek:

At confluence with Monument

Creek ................................... *6,869

Approximately 2,150 feet upstream of Furrow Road ....... *7,320

Dirty Woman Creek—Lake Fork:

At convergence with Dirty

Woman Creek ...................... *7,006

Approximately 340 feet upstream of Woodmoor Drive *7,270

Source of flooding and location

# Depth in

feet above

ground.

*Elevation

in feet

(NGVD)

Dirty Woman Creek—Middle

Fork:

At confluence with Dirty

Woman Creek ...................... *7,142

Approximately 1,050 feet upstream of Furrow Road ....... *7,336

Dirty Woman Creek—North Fork:

At confluence with Dirty

Woman Creek—Middle Fork *7,156

Approximately 1.3 miles upstream of Augusta Drive ...... *7,385

Dirty Woman Creek—South

Fork:

At confluence with Dirty

Woman Creek ...................... *7,153

Approximately 975 feet upstream of Furrow Road ....... *7,320

Douglas Creek South:

Approximately 4,250 feet upstream of confluence with

Monument Creek ................. *6,212

Just upstream of Holland Park

Boulevard ............................. *6,254

1,620 feet upstream of

Arrowswest Drive ................. *6,428

Fisher’s Canyon—Above Loomis

Avenue:

Approximately 3,650 feet upstream of Loomis Avenue ... *5,913

Approximately 600 feet upstream of Cheyenne Meadows Road ............................. *5,938

Fisher’s Canyon-South Branch:

At confluence with Fisher’s

Canyon-Above Loomis Avenue ....................................... *5,930

Approximately 140 feet upstream of Wycliffe Drive ...... *5,955

Pine Creek:

At confluence with Pine Creek *6,282

Just upstream of U.S. Interstate 25 ................................ *6,296

Approximately 600 feet upstream of Academy Boulevard ...................................... *6,441

Pine Creek Tributary:

At confluence with Pine Creek *6,367

Approximately 1 mile upstream

of confluence with Pine

Creek ................................... *6,467

Sutherland Creek:

Approximately 0.25 mile upstream of confluence with

Fountain Creek .................... *6,277

Approximately 1,250 feet upstream of Crystal Hills Boulevard ................................... *6,505

Maps are available for inspection at the El Paso County

Regional Building Office, 101

West Costilla, Colorado

Springs, Colorado.

———

Manitou Springs (City), El

Paso County (FEMA Docket

No. 7202)

Sutherland Creek:

Source of flooding and location

# Depth in

feet above

ground.

*Elevation

in feet

(NGVD)

Approximately 1,200 feet upstream of confluence with

Fountain Creek .................... *6,267

Approximately 1,250 feet upstream of Crystal Hills Boulevard ................................... *6,505

Maps are available for inspection at the City of Manitou

Springs City Hall, 606 Manitou

Avenue, Manitou Springs, Colorado.

———

Monument (Town), El Paso

County (FEMA Docket No.

7202)

Black Forest-Baptist Road Tributary:

At Baptist Road ....................... *7,020

Approximately 120 feet upstream of Baptist Road ........ *7,022

Crystal Creek:

Approximately 70 feet upstream of confluence with

Monument Lake ................... *6,923

Approximately 160 feet downstream of Interstate 25 ........ *7,053

Dirty Woman Creek:

At Mitchell Street ..................... *6,886

Just downstream of Westword

Lane ..................................... *6,995

Maps are available for inspection at the Town of Monument

Town Hall, 166 Second Street,

Monument, Colorado.

MISSOURI

Lamar Heights (Village), Barton County (FEMA Docket

No. 7198)

North Fork Spring River:

Approximately 1,500 feet

downstream of the Burlington Northern Railroad .... *938

Just upstream of First Street .. *941

Maps are available for inspection at 128 West Tenth Street,

Lamar, Missouri.

NEBRASKA

Lincoln (City), Lancaster

County (FEMA Docket No.

7118)

Deadman’s Run:

At confluence with Salt Creek *1,142

Just downstream of Huntington Avenue .......................... *1,150

Just upstream of bike trail ....... *1,189

Just upstream of ‘‘O’’ Street ... *1,220

Just downstream of ‘‘A’’ Street *1,260
9696 Federal Register / Vol. 62, No. 42 / Tuesday, March 4, 1997 / Rules and Regulations

1Section 19 authorizes and directs the

Commission to ‘‘make rules and regulations

affecting shipping in the foreign trade not in

conflict with law in order to adjust or meet general

or special conditions unfavorable to shipping in the

foreign trade, whether in any particular trade or

upon any particular route or in commerce generally,

including . . . terminal operations . . . which arise

out of or result from foreign laws, rules, or

regulations or from competitive methods or

practices employed by owners, operators, agents, or

masters of vessels of a foreign country . . . .’’

The rules and regulations the Commission is

authorized to make include limitation of sailings,

suspension of carriers’ tariffs or rights to use

conference tariffs, suspension of carriers’ rights to

operate under FMC-filed terminal and other

agreements, fees of up to $1,000,000 per voyage, or

any other action deemed necessary and appropriate

to adjust or meet the unfavorable condition. 46

U.S.C. app. 876(9).

Source of flooding and location

# Depth in

feet above

ground.

*Elevation

in feet

(NGVD)

Maps are available for inspection at the City of Lincoln

Planning Department, 555

South Tenth Street, Lincoln,

Nebraska.

NEW MEXICO

Silver City (Town), Grant

County (FEMA Docket No.

7198)

San Vicente Arroyo:

Approximately 400 feet downstream of State Route 90 .... *5,822

At confluence with Silva and

Pinos Altos Creeks .............. *5,890

Pinos Altos Creek:

At confluence with San

Vicente Arroyo ..................... *5,890

At 32nd Street ......................... *6,035

Approximately 1,300 feet upstream of 32nd Street .......... *6,047

Tributary 7 to Pinos Altos Creek:

At confluence with Pinos Altos

Creek ................................... *5,951

Approximately 700 feet upstream of confluence with

Pinos Altos Creek ................ *5,961

Silva Creek:

At confluence with San

Vicente Arroyo ..................... *5,890

Approximately 2,500 feet upstream of U.S. Route 180 ... *5,939

Approximately 7,000 feet upstream of U.S. Route 180 ... *5,990

Maps are available for inspection at the Town of Silver City

Town Hall, Broadway Street,

Silver City, New Mexico.

(Catalog of Federal Domestic Assistance No.

83.100, ‘‘Flood Insurance.’’)

Dated: February 24, 1997.

Richard W. Krimm,

Executive Associate Director, Mitigation

Directorate.

[FR Doc. 97–5274 Filed 3–3–97; 8:45 am]

BILLING CODE 6718–04–P

FEDERAL MARITIME COMMISSION

46 CFR Part 586

[Docket No. 96–20]

Port Restrictions and Requirements in

the United States/Japan Trade

AGENCY: Federal Maritime Commission.

ACTION: Final rule.

SUMMARY: The Federal Maritime

Commission, in response to unfavorable

conditions in the foreign oceanborne

trade between the United States and

Japan, is imposing $100,000 per-voyage

fees on liner vessels operated by

Japanese carriers calling at United States

ports. The unfavorable conditions

identified by the Commission involve

restrictions on and requirements for use

of Japanese ports. These conditions arise

out of or result from laws, rules, and

regulations of the Government of Japan.

DATES: Effective Date: April 14, 1997.

ADDRESSES: Requests for publicly

available information or additional

filings should be addressed to: Joseph C.

Polking, Secretary, Federal Maritime

Commission, 800 North Capitol Street,

N.W., Washington, D.C. 20573, (202)

523–5725.

FOR FURTHER INFORMATION CONTACT:

Thomas Panebianco, General Counsel,

Federal Maritime Commission, 800

North Capitol Street, N.W., Washington,

D.C. 20573, (202) 523–5740.

SUPPLEMENTARY INFORMATION:

Background

On November 6, 1996, the

Commission proposed a rule, pursuant

to section 19(1)(b) of the Merchant

Marine Act, 1920, 46 U.S.C. app.

876(1)(b) (‘‘Section 19’’) to assess fees

on Japanese liner operators in response

to requirements and restrictions on the

use of Japanese ports.1 In the Notice of

Proposed Rulemaking, 61 FR 58160,

Nov. 13, 1996, (‘‘Notice’’) the

Commission stated that the Government

of Japan appeared to discriminate

against U.S. carriers by not licensing

non-Japanese companies to perform

stevedoring or terminal operating

services. The Commission further found

that the Government of Japan, through

its licensing practices and other

support, appeared to protect the

dominant position of the Japan Harbor

Transportation Association (‘‘JHTA’’),

the trade organization that wields broad

control over the Japanese harbor

services industry. The Commission

explained that JHTA’s authority over

Japanese harbor services stemmed from

its administration of the prior

consultation system, a process of

mandatory discussions and preapprovals for ocean carrier operational

plans. In response to these conditions,

the Commission proposed to levy a pervoyage fee of $100,000 each time a liner

vessel owned or operated by one of the

three Japanese liner operators serving

U.S. trades (Kawasaki Kisen Kaisha,

Nippon Yusen Kaisha, and Mitsui

O.S.K. Lines) enters a U.S. port from

abroad.

The closing date for comments,

originally set for January 13, 1997, was

extended to January 20, 1997, to allow

parties to address the outcome of

maritime consultations held between

the United States Government and the

Government of Japan on January 6–7,

1997.

Comments

American President Lines and Sea-Land

Service

Joint comments strongly supporting

the proposed rule were filed by

American President Lines, Ltd. (‘‘APL’’),

and Sea-Land Service, Inc. (‘‘SeaLand’’), the two U.S. carriers operating

in the Japan trade. Those lines stated:

The premise on which [the proposed rule]

rests is indisputable, namely, that the

government of Japan has, through its

discriminatory licensing system in the harbor

services industry, created conditions

unfavorable to shipping in the U.S.-Japan

trade. As accurately recounted in the

Supplementary Information to the Notice, the

stevedoring and terminal services providers

in Japan are licensed by the Ministry of

Transport (‘‘MOT’’) in a largely discretionary

process and are exclusively Japanese entities.

Also, [JHTA] functions as a trade association

of such providers with the approval of MOT.

The activities of the JHTA, in which MOT

have long acquiesced, are characterized by

blatant anti-competitive practices including

those at issue in this and prior proceedings

of the Commission.

APL/Sea-Land Comments at 1–2.

The U.S. carriers explained that the

need for changes in Japanese port

practices is becoming more urgent:

In years past, when carriers performed

their individual vessel and terminal

operations, JHTA-imposed inefficiencies

were merely an unwelcome set of

phenomena. However, difficult market

conditions in the trans-Pacific trade in

general and in the U.S.-Japan trade in

particular have forced carriers to enter into

reciprocal slot charter and terminal

rationalization arrangements in order to

increase service competitiveness while

lowering costs. Thus, when an economicallydriven redeployment of the assets of several

carriers operating under a strategic alliance is

frustrated or delayed by the absolute control

and abuse of power of the JHTA in Japan over