# [Amended]
**AGENCY:**
Federal Emergency Management Agency (FEMA).
**ACTION:**
Final rule.
**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 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 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:**
Mike M. Grimm, Acting, Chief, Hazards Study Branch, Federal Insurance and Mitigation Administration, FEMA, 500 C Street SW., Washington, DC 20472, (202) 646-3461, or (e-mail) *[email protected]* .
**SUPPLEMENTARY INFORMATION:**
FEMA makes the final determinations listed below of BFEs and modified BFEs for each community listed. The proposed BFEs and proposed modified BFEs 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 BFEs and proposed modified BFEs 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 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 Administrator, Federal Insurance and Mitigation Administration 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 proposed 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.
**44 CFR Part 67**
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.
**44 CFR Part 67**
§ 67.11
2. The tables published under the authority of § 67.11 are amended as follows:
| Source of flooding and location | #Depth in feet above ground. |
| --- | --- |
| | |
| | |
| | |
| Just west of Talkeetna Spur Highway | *341 |
| At East Bank of Talkeetna River | *351 |
| at the Code Compliance Department, 350 East Dahlia Avenue, Palmer, Alaska. | |
| | |
| | |
| | |
| Approximately 250 feet upstream of Paskenta Road | *285 |
| Approximately 1,000 feet upstream of confluence of Pine Creek | *309 |
| at the Tehama County Building Department, 444 Oak Street, Red Bluff, California. | |
| | |
| | |
| | |
| Confluence with Fishing River | *745 |
| Just upstream of 112th Street | *749 |
| Approximately 3,800 feet downstream of Seabold Road | *756 |
| | |
| Just upstream of Clay/Ray County Border | *730 |
| Just upstream of Jesse James Farm Road | *778 |
| Just downstream of Interstate 35 bridge | *788 |
| Approximately 4,800 feet upstream of Highway A | *859 |
| | |
| Approximately 250 feet upstream of confluence with Holmes Creek | *772 |
| Just downstream of 12th Street | *783 |
| Just upstream of Stockdale Road | *790 |
| | |
| Approximately 250 feet upstream confluence of Crockett Creek | *772 |
| Just upstream of Summersette Road | *777 |
| Just upstream of Highway 33 | *813 |
| | |
| Confluence with Fishing River | *777 |
| Just upstream of 140th Street bridge | *778 |
| Just downstream of Interstate 35 | *794 |
| Approximately 6,300 feet upstream of Nation Road | *824 |
| | |
| Confluence with Second Creek (Approximately 1,000 feet downstream of Highway 92 bridge) | *818 |
| Just upstream of 144th Street bridge | *851 |
| Approximately 2,600 feet upstream of 144th Street bridge | *860 |
| | |
| Approximately 1,550 feet upstream of Main Street | *814 |
| Confluence of First Creek (Approximately 1,000 feet downstream of Highway 92 bridge) | *818 |
| | |
| Approximately 1,150 feet upstream from confluence with Wilkerson Creek | *846 |
| | |
| Confluence with Wilkerson Creek | *881 |
| Approximately 2,500 feet upstream of Mt. Olive Road | *932 |
| | |
| Approximately 1,500 feet upstream of confluence with Little Platte River | *816 |
| Just downstream of Highway 92 | *840 |
| Approximately 5,000 feet upstream of 132nd Street bridge | *906 |
| at 234 West Shrader Street, Suite C., Liberty, Missouri. | |
| ——— | |
| | |
| | |
| Approximately 3,800 feet downstream of Seabold Road | *756 |
| Just upstream of Seabold Road | *759 |
| at City Hall, 201 East Broadway, Excelsior Springs, Missouri. | |
| ——— | |
| | |
| | |
| Approximately 5,000 feet downstream of Highway 3 | *780 |
| Just downstream of Burlington North Railroad bridge | *786 |
| | |
| Approximately 1,150 feet downstream of Summit Street | *783 |
| Just downstream of Interstate 35 | *794 |
| Approximately 1,000 feet upstream of Highway 33 | *801 |
| at City Hall, 100 East Washington Street, Kearney, Missouri. | |
| ——— | |
| | |
| | |
| Approximately 1,600 feet downstream of Mosby Road | *763 |
| Approximately 400 feet upstream of U.S. Highway 69 | *777 |
| | |
| At the confluence with Fishing River | *772 |
| Approximately 350 feet upstream of West Mosby Road | *772 |
| | |
| Confluence with Holmes Creek | *772 |
| Approximately 350 feet upstream of the confluence with Holmes Creek | *772 |
| at City Hall, 12312 4th Street, Mosby, Missouri. | |
| ——— | |
| | |
| | |
| Approximately 6,600 feet downstream of Highway H | *752 |
| Just downstream of Highway H | *757 |
| Approximately 1,600 feet downstream of Mosby Road | *764 |
| | |
| At the confluence with Fishing River | *760 |
| Approximately 550 feet upstream of the Chicago Rock Island and Pacific Railroad | *764 |
| at City Hall, 12212 County Road, Excelsior Springs, Missouri. | |
| ——— | |
| | |
| | |
| Approximately 2,900 feet upstream of 144th Street | *861 |
| | |
| Confluence with Wilkerson Creek | *846 |
| Just upstream of 140th Street | *865 |
| | |
| Confluence with Little Platte River | *814 |
| Approximately 1,500 feet downstream of 144th Street bridge | *851 |
| | |
| Confluence with Little Platte River | *814 |
| Approximately 1,550 feet upstream from Main Street | *814 |
| at City Hall, 107 Main Street, Smithville, Missouri. | |
| | |
| | |
| | |
| Approximately 250 feet downstream of Highway 5 | +1,597 |
| Confluence of 5th Street Coulee | +1,600 |
| Just downstream of Highway 1 | +1,608 |
| | |
| Approximately 450 feet upstream of Simplot Crossing | +1,609 |
| Approximately 1,500 feet upstream of Highway | +1,612 |
| | |
| Approximately 300 feet downstream of 10th Street | +1,610 |
| Approximately 700 feet upstream of 10th Street | +1,612 |
| | |
| Confluence with Mulberry Creek | +1,600 |
| Just downstream of 12th Avenue | +1,605 |
| Approximately 1,400 feet upstream of 18th Avenue | +1,609 |
| at City Hall, 324 Eighth Avenue, Langdon, North Dakota. | |
| | |
| | |
| | |
| Approximately 4,400 feet downstream of U.S. Highway 16 | *1,431 |
| Just upstream of County Route 139 | *1,444 |
| Approximately 150 feet upstream of County Route 142 | *1,448 |
| at the County Administration Building, 415 North Dakota Avenue, Sioux Falls, South Dakota. | |
| ——— | |
| | |
| | |
| At approximately 50 feet upstream of Hill City power line located at approximately 2,000 feet upstream of U.S. Highway 385 and 16 | *4,937 |
| At approximately 1,400 feet upstream of Poplar Street and Bishop Mountain Avenue Intersection | *5,013 |
| | |
| At Museum Drive | *4,967 |
| Approximately 1,900 feet upstream of Museum Drive | *4,981 |
| at the City Hall, 324 Main Street, Hill City, South Dakota. | |
| Source of flooding and location | #Depth in feet above ground. | Communities affected |
| --- | --- | --- |
| | | |
| | | |
| | | |
| Confluence with Lake Tucumcari | +4,016 | Quay County (Uninc. Areas). |
| Just downstream Chicago Rock Island and Pacific Railroad | +4,040 | |
| | | |
| Confluence with Arroyo 1 | +4,033 | Quay County (Uninc. Areas). |
| Approximately 245 feet upstream of Quay Road AL | +4,080 | |
| | | |
| Confluence with Lake Tucumcari | +4,016 | Quay County (Uninc. Areas). |
| Approximately 4,100 feet upstream of confluence with Lake Tucumcari | +4,043 | |
| | | |
| Confluence with Lake Tucumcari | +4,016 | Quay County (Uninc. Areas), City of Tucumcari. |
| Approximately 1,750 feet upstream of U.S. Highway 54 | +4,079 | |
| | | |
| Confluence with Lake Tucumcari | +4,016 | Quay County (Uninc. Areas), City of Tucumcari. |
| Just downstream of New Mexico Highway 18 | +4,139 | |
| | | |
| Confluence with Arroyo 4 | +4,036 | Quay County (Uninc. Areas). |
| Approximately 650 feet upstream of U.S. Interstate 40 | +4,063 | |
| | | |
| Confluence with Lake Tucumcari | +4,016 | Quay County (Uninc. Areas), City of Tucumcari. |
| Just downstream of Tucumcari Boulevard | +4,033 | |
| Confluence with Lake Tucumcari | +4,016 | |
| Approximately 420 feet downstream of Laughlin Avenue | +4,023 | |
| | | |
| Just upstream of Tucumcari Boulevard | +4,034 | Quay County (Uninc. Areas), City of Tucumcari. |
| Approximately 180 feet upstream of South Monroe Street | +4,089 | |
| | | |
| Approximately 2,300 feet downstream of Chicago Rock Island and Pacific Railroad | +4,057 | Quay County (Uninc. Areas), City of Tucumcari. |
| Approximately 2,650 feet upstream of the confluence of Arroyo 5B | +4,159 | |
| | | |
| Confluence with Arroyo 5 | +4,124 | Quay County (Uninc. Areas). |
| Approximately 1,900 feet upstream of the confluence with Arroyo 5 | +4,150 | |
| | | |
| Approximately 2,850 feet downstream of Chicago Rock Island and Pacific Railroad | +4,068 | Quay County (Uninc. Areas), City of Tucumcari. |
| Approximately 4,100 feet upstream of Eastbound Interstate 40 | +4,185 | |
| | | |
| Confluence with Arroyo 6 | +4,096 | Quay County (Uninc. Areas), City of Tucumcari. |
| Approximately 2,500 feet upstream of I-40 Ramp A | +4,169 | |
| | | |
| Approximately 2,600 feet downstream of confluence of Arroyo 7A | +4,061 | Quay County (Uninc. Areas), City of Tucumcari. |
| Approximately 4,500 feet upstream of confluence of Arroyo 7B | +4,109 | |
| | | |
| At confluence with Arroyo 7 | +4,091 | Quay County (Uninc. Areas), City of Tucumcari. |
| Approximately 3,500 feet upstream of confluence of Arroyo 7C | +4,131 | |
| | | |
| At confluence with Arroyo 7B | +4,108 | Quay County (Uninc. Areas), City of Tucumcari. |
| At Chicago Rock Island and Pacific Railroad | +4,155 | |
| | | |
| Approximately 1,000 feet upstream of sewage disposal area | +4,021 | Village of San Jon and Quay County (Uninc. Areas). |
| Approximately 450 feet downstream of Fourth Street | +4,034 | |
| | | |
| | | |
| at Quay County Clerks Office, 300 South 3rd Street, Tucumcari, New Mexico. | | |
| | | |
| at City Hall, 512 South 8th Street, Tucumcari, New Mexico. | | |
| | | |
| at City Hall, 507 Elm Avenue, San Jon, New Mexico. | | |
| | | |
| | | |
| | | |
| Approximately 9,000 feet downstream of the confluence with Campbell Creek | *969 | Kingfisher County (Uninc. Areas). |
| Approximately 750 feet downstream of County Road NS282 | *1,044 | |
| Approximately 2,800 feet upstream of County Road EW60 | *1,120 | |
| | | |
| At confluence with Cimarron River | *1,018 | Kingfisher County (Uninc. Areas), City of Kingfisher. |
| Approximately 1,000 feet downstream of 13th Street | *1,047 | |
| | | |
| Approximately 1,000 feet upstream of County Road EW68 | *1,063 | Kingfisher County (Uninc. Areas). |
| Approximately 3,200 feet upstream of State Highway 81 | *1,116 | |
| | | |
| Approximately 60 feet upstream of County Road EW715 | *1,038 | Kingfisher County (Uninc. Areas). |
| Approximately 4,500 feet upstream of U.S. Highway 81 | *1,093 | |
| | | |
| Approximately 2,400 feet downstream of U.S. Route 81 | *1,028 | Kingfisher County (Uninc. Areas), Town of Dover. |
| Approximately 1,400 feet upstream of County Road EW71 | *1,043 | |
| | | |
| | | |
| at the Kingfisher County Floodplain Administrator's Office, County Courthouse, 101 South Main Street, Room 5, Kingfisher, Oklahoma. | | |
| | | |
| at City Hall, 301 North Main Street, Kingfisher, Oklahoma. | | |
| | | |
| at the Town Hall, 101 North Chisholm, Dover, Oklahoma. | | |
(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”)
Dated: December 31, 2002.
Anthony S. Lowe,
Administrator, Federal Insurance and Mitigation Administration.