[Federal Register Volume 70, Number 171 (Tuesday, September 6, 2005)]
[Rules and Regulations]
[Pages 52939-52940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17624]


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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 (FEMA), Emergency 
Preparedness and Response Directorate, Department of Homeland Security.

ACTION: Final rule.

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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).

EFFECTIVE DATES: 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 maps are available for 
inspection as indicated on 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, FEMA, 500 C Street SW., Washington, DC 20472, (202) 646-
2903.

SUPPLEMENTARY INFORMATION: FEMA makes the final determinations listed 
below for the 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. 4104, and 44 CFR part 
67.
    The 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 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 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 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:

------------------------------------------------------------------------
                                                       <greek-i>Depth in
                                                           feet above
                                                            ground.
           Source of flooding and location               *Elevation in
                                                          feet (NGVD)
                                                       <bullet>Elevation
                                                         in feet (NAVD)
------------------------------------------------------------------------
                      CALIFORNIA
------------------------------------------------------------------------
    Santa Barbara County (FEMA Docket No. D-7620)
 
Arroyo Burro Creek:
  Approximately 1,320 feet downstream of Cliff Drive.             *6
  Approximately 1,550 feet upstream of Foothill Road.           *366
 
Santa Barbara County (Unincorporated Areas), City of
 Santa Barbara
Arroyo Burro Creek Overland Flow at Casiano Drive:
  At the intersection of Casiano Drive and Portofino            *126
   Way...............................................
  At downstream side of U.S. Highway 101.............           *162
 
City of Santa Barbara
Arroyo Burro Creek Overland Flow at Palermo Way:
  At the intersection of Palermo Way Drive and                  *112
   Barcelona Way.....................................
  At downstream side of U.S. Highway 101.............           *160
 
City of Santa Barbara
Arroyo Paredon:
  At confluence with Pacific Ocean...................             *8
  Approximately 2,750 feet upstream of Foothill Road.           *219
 
City of Santa Barbara
Arroyo Paredon Tributary:
  At confluence with Arroyo Paredon..................            *33
  Approximately 130 feet upstream of Foothill Road...            *82
 
Santa Barbara County (Unincorporated Areas)
Devereaux Creek:
  At confluence with Pacific Ocean...................             *7
  Approximately 50 feet upstream of Southern Pacific             *97
   Railroad..........................................
 
Santa Barbara County (Unincorporated Areas), City of
 Goleta
Devereaux Creek Tributary 1:
  At confluence with Devereaux Creek.................            *23
  Approximately 50 feet upstream of Southern Pacific             *95
   Railroad..........................................
 
City of Goleta
Devereaux Creek Tributary 2:
  At confluence with Devereaux Creek.................            *15
  Approximately 150 feet upstream of Southern Pacific            *60
   Railroad..........................................
 
Santa Barbara County (Unincorporated Areas), City of
 Goleta
Devereaux Creek Tributary 3:
  At confluence with Devereaux Creek.................            *14

[[Page 52940]]

 
  Approximately 2,050 feet upstream of confluence                *16
   with Devereaux Creek..............................
 
Santa Barbara County (Unincorporated Areas), City of
 Goleta
East Branch Toro Creek:
  At confluence with Toro Creek......................           *249
  Approximately 60 feet upstream of State Highway 192           *498
 
Santa Barbara County (Unincorporated Areas)
Fremont Creek:
  At confluence with San Jose Creek (East Valley                 *85
   Road).............................................
  Approximately 910 feet upstream of Patterson Avenue           *153
 
Santa Barbara County (Unincorporated Areas)
Garrapata Creek:
  At confluence with Pacific Ocean...................             *8
  Approximately 430 feet upstream of Toro Canyon Road           *456
   (Third Crossing)..................................
 
Santa Barbara County (Unincorporated Areas)
Las Positas Creek:
  At confluence with Arroyo Burro....................            *58
  Approximately 300 feet upstream of Modoc Road......           *120
 
Santa Barbara County (Unincorporated Areas), City of
 Santa Barbara
Northridge Creek:
  At confluence with Arroyo Burro....................           *295
  Approximately 2,425 feet upstream of Foothill Road.           *408
 
City of Santa Barbara
San Jose Creek:
  Approximately 50 feet upstream of Calle Real.......            *55
  Approximately 810 feet upstream of Patterson Avenue           *107
 
Santa Barbara County (Unincorporated Areas), City of
 Goleta
San Roque Creek:
  At confluence with Arroyo Burro....................           *174
  Approximately 7,800 feet upstream of Ontare Road...           *484
 
City of Santa Barbara
Toro Creek:
  At confluence with Pacific Ocean...................            *10
  At State Highway 192 (East Valley Road)............           *494
 
Santa Barbara County (Unincorporated Areas)
City of Goleta
Maps available for inspection at the Goleta City
 Hall, 130 Cremona Drive, Suite B, Goleta,
 California.
City of Santa Barbara
Maps available for inspection at the Santa Barbara
 City Administrator's Office, 735 Anacapa Street,
 Santa Barbara, California.
Santa Barbara County (Unincorporated Areas)
Maps available for inspection at the Santa Barbara
 County Department of Public Works, Water Resources
 Division, Flood Control and Water Conservation
 District, 123 East Anapamu Street, Santa Barbara,
 California.
------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance.'')

    Dated: August 23, 2005.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and 
Response Directorate.
[FR Doc. 05-17624 Filed 9-2-05; 8:45 am]
BILLING CODE 9110-12-P