[Federal Register: December 16, 2003 (Volume 68, Number 241)]
[Rules and Regulations]               
[Page 69961-69962]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16de03-12]                         

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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).

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 of 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

[[Page 69962]]

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:

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                                                                                 Depth in feet above
                                                                              ground.  *Elevation in feet (NGVD)
     State        City/town/county   Source of flooding       Location                     modified
                                                                             [sa]Elevation
                                                                                   in feet (NAVD) modified
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AR............  Cherokee Village     Big Otter Creek...  At confluence with                       *386
                 (City) Sharp and                         South Fork Spring
                 Fulton Counties                          River.
                 (FEMA Docket No.
                 P7627).
                                                         Approximately 0.25                       *393
                                                          miles downstream
                                                          of the primary
                                                          Spillway of Lake
                                                          Thunderbird.
                                     Big Otter Creek     Approximately 74.0                       *485
                                      Tributary.          feet upstream of
                                                          confluence with
                                                          Big Otter Creek.
                                                         Approximately 400                        *561
                                                          feet downstream
                                                          of the dam at
                                                          Lake Navajo.
                                     Little Otter Creek  Approximately 0.8                        *484
                                                          mile upstream of
                                                          the primary
                                                          spillway of Lake
                                                          Sequoyah.
                                                         Approximately 600                        *493
                                                          feet upstream of
                                                          Lakeshore Drive.
                                     Short Draft Branch  Approximately 1.7                        *509
                                                          miles upstream of
                                                          South Fork Spring
                                                          River.
                                                         Approximately 0.1                        *516
                                                          mile downstream
                                                          of the primary
                                                          spillway of Lake
                                                          Chanute.
                                     South Fork Spring   Just downstream of                       *371
                                      River.              Griffin Road.
                                                         Approximately 5700                      *410
                                                          feet upstream of
                                                          Cherokee Road.
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Maps are available for inspection at the City of Cherokee Village, 2 Santee Drive, Cherokee Village, Arkansas.


    Dated: December 9, 2003.

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

Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response 
Directorate.
[FR Doc. 03-30992 Filed 12-15-03; 8:45 am]

BILLING CODE 6718-04-P