Rules and Regulations. Final rule

989 words·~4 min read·/register/2005/06/28/05-12683

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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, Emergency Preparedness and Response Directorate, Department of Homeland Security. ACTION: Final rule. SUMMARY: Base (1% annual-chance) Flood Elevations and modified Base Flood Elevations

(BFEs)are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). dates: *Effective Date:* The date of issuance of the Flood Insurance Rate Map

(FIRM)showing BFEs and modified BFEs for each community. This date may be obtained by contacting the office where the FIRM is available for inspection as indicated in the table below. ADDRESSES: The final base flood elevations for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below. FOR FURTHER INFORMATION CONTACT: Doug Bellomo, P.E., Hazard Identification Section, Emergency Preparedness and Response Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,

(202)646-2903. SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency makes the final determinations listed below for the BFEs and modified BFEs for each community listed. These modified elevations have been published in newspapers of local circulation and ninety

(90)days have elapsed since that publication. The Mitigation Division Director of the Emergency Preparedness and Response Directorate has resolved any appeals resulting from this notification. This final rule is issued in accordance with Section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and 44 CFR Part 67. The Federal Emergency Management Agency has developed criteria for floodplain management in floodprone areas in accordance with 44 CFR Part 60. Interested lessees and owners of real property are encouraged to review the proof Flood Insurance Study and FIRM available at the address cited below for each community. The BFEs and modified BFEs are made final in the communities listed below. Elevations at selected locations in each community are shown. *National Environmental Policy Act* . This rule is categorically excluded from the requirements of 44 CFR Part 10, Environmental Consideration. No environmental impact assessment has been prepared. *Regulatory Flexibility Act* . The Mitigation Division Director of the Emergency Preparedness and Response Directorate certifies that this rule is exempt from the requirements of the Regulatory Flexibility Act because modified base flood elevations are required by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are required to establish and maintain community eligibility in the NFIP. No regulatory flexibility analysis has been prepared. *Regulatory Classification* . This final rule is not a significant regulatory action under the criteria of Section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. *Executive Order 12612, Federalism* . This rule involves no policies that have federalism implications under Executive Order 12612, Federalism, dated October 26, 1987. *Executive Order 12778, Civil Justice Reform* . This rule meets the applicable standards of Section 2(b)(2) of Executive Order 12778. List of Subjects in 44 CFR Part 67 Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements. 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: State City/town/county Source of flooding Location #Depth in feet above ground. *Elevation in feet

(NGVD)Modified ◆Elevation in feet

(NAVD)Modified OK McAlester

(City)Pittsburg County (FEMA Docket No. P7663) Tributary A Approximately 4,875 feet downstream of Village Boulevard Approximately 2,100 feet upstream of Crooked Oak Lane ◆682 ◆756 OK McAlester

(City)Pittsburg County (FEMA Docket No. P7663) Tributary AA At the confluence with Tributary A Approximately 3,275 feet upstream of U.S. Highway 69 ◆698 ◆754 Tributary B Approximately 490 feet downstream of South C. Street ◆687 Approximately 300 feet upstream of U.S. Highway 69 Service Road (2nd crossing) ◆741 Tributary C Just upstream of Union Pacific Railroad ◆646 Approximately 550 feet upstream of East Monroe Avenue ◆686 Tributary D Just upstream of South F Street ◆678 Approximately 1,375 feet upstream of East South Avenue ◆726 Tributary DD At the confluence with Tributary D ◆703 Approximately 325 feet upstream of East Seminole Avenue ◆715 Maps are available for inspection at 28 East Washington Street, McAlester, Oklahoma. TX Eagle Pass

(City)Maverick County (FEMA Docket No. P7663) Eagle Pass Creek At the confluence with Rio Grande Approximately 200 feet upstream of Vista Hermosa Drive ◆716 ◆790 Eagle Pass Creek Tributary 1 Just upstream of Union Pacific Railroad ◆726 Approximately 330 feet upstream of Travis Street ◆741 Eagle Pass Creek Tributary 2 Just upstream of the confluence with Eagle Pass Creek ◆741 Approximately 2,100 feet upstream of North Bibb Avenue ◆799 Rio Grande Approximately 1,950 feet downstream of International Union Pacific Railroad Bridge ◆710 Approximately 1,950 feet upstream of East Garrison Street ◆722 Tributary to East Seco Creek Approximately 100 feet downstream of U.S. Highway 277 ◆736 Approximately 1,185 feet upstream of U.S. Highway 277 ◆744 OK Eagle Pass

(City)Maverick County (FEMA Docket No. P7663) Unnamed Tributary of Rio Grande Approximately 1,620 feet downstream of FM 3443 (1st Crossing) Approximately 1,620 feet upstream of East Main Street ◆739 ◆772 Maps are available for inspection at City Hall, 100 South Monroe Street, Eagle Pass, Texas. (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”) Dated: June 22, 2005. David I. Maurstad, Acting Director, Mitigation Division, Emergency Preparedness and Response Directorate. [FR Doc. 05-12683 Filed 6-27-05; 8:45 am]

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