[Federal Register Volume 70, Number 99 (Tuesday, May 24, 2005)]
[Rules and Regulations]
[Pages 29639-29640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10303]


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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, Emergency Preparedness and 
Response Directorate, Department of Homeland Security.

ACTION: Final rule.

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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: 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 record keeping requirements.


0
Accordingly, 44 CFR part 67 is amended to read 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:

[[Page 29640]]



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                                                                                                                                          Depth
                                                                                                                                           in feet above
                                                                                                                                              ground.
                State                       City/town/county             Source of flooding                      Location                  *Elevation in
                                                                                                                                            feet (NGVD)
                                                                                                                                             Modified
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IN..................................  Indianapolis (City) Marion    Berkshire Creek.............  At its confluence with Devon Creek....           *746
                                       County (FEMA Docket No.                                    Approximately 150 feet upstream of               *780
                                       P7663).                                                     Marrison Place..
                                                                    Buffalo Creek...............  Just upstream of West County Line Road           *707
                                                                                                  At East Stop 11 Road..................           *754
                                                                    Devon Creek.................  Approximately 740 feet downstream of             *733
                                                                                                   Millersville Road.
                                                                    ............................  Approximately 100 feet upstream of               *814
                                                                                                   Laurel Falls Road.
                                                                    Little Buck Creek...........  Approximately 300 feet downstream of             *669
                                                                                                   South Tibbs Avenue.
                                                                                                  Approximately 75 feet upstream of the           *844
                                                                                                   furthest upstream crossing of East
                                                                                                   Edgewood Avenue.
  Maps are available for inspection at 2142 City-County Building, 200 East Washington Street, Indianapolis, Indiana.
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NE..................................  Wakefield (City) Dixon and    Logan Creek Dredge..........  Approximately 1.4 miles downstream of    [diams]1,378
                                       Wayne Counties (FEMA Docket                                 State Highway 35.                       [diams]1,389
                                       No. P7663).                                                Approximately 0.6 miles upstream of
                                                                                                   County Road 859.
                                                                    South Logan Creek...........  At confluence with Logan Creek Dredge.   [diams]1,387
                                                                                                  Approximately 1.2 miles upstream of      [diams]1,390
                                                                                                   the confluence with Logan Creek
                                                                                                   Dredge.
                                                                    Ponding areas west of State   Entire shoreline......................   [diams]1,382
                                                                     Highway 35 and north of
                                                                     Abandoned Railroad (4).
                                                                    Ponding areas adjacent to     Entire shoreline......................   [diams]1,380
                                                                     State Highway 35 and north
                                                                     of Abandoned Railroad (4).
                                                                    Ponding area east of State    Entire shoreline......................   [diams]1,376
                                                                     Highway 35.
                                                                    Ponding area east of State    Entire shoreline......................  [diams]1,378
                                                                     Highway 35 and south of
                                                                     Abandoned Railroad.
  Maps are available for inspection at 405 Main Street, Wakefield, Nebraska.
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WI..................................  Manitowoc (City Manitowoc     Manitowoc River.............  At South 10th Street..................           *585
                                       County (FEMA Docket No.                                    Approximately 2,550 feet downstream of          *604
                                       P7663).                                                     Michigan Avenue.
  Maps are available for inspection at Manitowoc City Hall, 900 Quay Street Manitowoc, Wisconsin.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Floor 
Insurance.'')

    Dated: May 16, 2005.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and 
Response Directorate.
[FR Doc. 05-10303 Filed 5-23-05; 8:45 am]
BILLING CODE 9110-12-P