# [Amended]
**AGENCY:**
Federal Emergency Management Agency (FEMA), Emergency Preparedness and Response Directorate, Department of Homeland Security.
**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).
**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 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, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-2903.
**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 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 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 upstream of Mine Road | *3,310 |
| Just upstream of New Street | *3,357 |
| Approximately 1,700 feet upstream of Southern Pacific Railroad crossing | *3,398 |
| | |
| At confluence with Russell Gulch | *3,445 |
| Approximately 2,400 feet upstream of Russell Road | *3,643 |
| | |
| At Pueblo Ruins Road | *3,600 |
| Just upstream of Pinal View Road | *3,670 |
| At confluence of Kellner Canyon | *3,781 |
| | |
| At confluence with Ice House Canyon | *3,781 |
| Approximately 250 feet upstream of Kellner Canyon Road | *3,855 |
| | |
| Just downstream of 7th Street | *3,580 |
| | |
| Approximately 2,400 feet downstream of U.S. Highway 60/70 | *3,417 |
| Just upstream of Dickson Drive | *3,633 |
| Approximately 3,400 feet upstream of Six Shooter Canyon Road | *3,809 |
| | |
| At confluence with Russell Gulch | *3,348 |
| Approximately 300 feet upstream of Roberts Road | *3,429 |
| | |
| Approximately 800 feet downstream of U.S. Highway 60/70 | *3,304 |
| At confluence of Coyote Wash | *3,444 |
| Approximately 5,000 feet upstream of confluence of Coyote Wash | *3,563 |
| | |
| At confluence with Russell Gulch | *3,352 |
| Just upstream of Landfill Lane *3,432 | |
| Approximately 5,400 feet upstream of Landfill Lane | *3,681 |
| at the Gila County Courthouse, 1400 East Ash Street, and at the Public Library Office First Floor Planning and Zoning Counter, Globe, Arizona. | |
| ——— | |
| | |
| | |
| Approximately 850 feet upstream of Southern Pacific Railroad crossing | *3,381 |
| Approximately 1,700 feet upstream of Southern Pacific Railroad crossing | *3,398 |
| at the Miami Town Hall, 500 Sullivan Street, and the Memorial Library, 1052 Anonis Avenue, Miami, Arizona. | |
| ——— | |
| | |
| | |
| At confluence with Pinal Creek (at Globe) | *3,578 |
| Approximately 100 feet upstream of Pueblo Ruins Road | *3,602 |
| | |
| At confluence with Pinal Creek (at Globe) | *3,539 |
| Just upstream of U.S. Highway 60/70 | *3,625 |
| Just downstream of West Mesquite Street | *3,768 |
| | |
| Approximately 200 feet upstream of Ruiz Canyon Road | *3,539 |
| Approximately 1,200 feet upstream of confluence of Ice House Canyon | *3,592 |
| | |
| Just downstream of Hospital Drive | *3,324 |
| At confluence of Roberts Wash | *3,347 |
| Approximately 1,000 feet upstream of confluence of Watermark Wash | *3,363 |
| | |
| Approximately 4,000 feet upstream of Landfill Lane | *3,602 |
| Approximately 4,500 feet upstream of Landfill Lane | *3,630 |
| at the Globe City Hall, 150 North Pine Street, and at the Public Library, 339 South Broad Street, Globe, Arizona. | |
| | |
| | |
| | |
| Approximately 5 miles downstream of State Highway 99 | *45 |
| Approximately 1,600 feet upstream of Orange Blossom Road | *131 |
| at 1010 10th Street, Modesto, California. | |
| ——— | |
| | |
| | |
| Approximately 4,700 feet downstream of State Highway 120 | *101 |
| Approximately 2 miles upstream of State Highway 120 | *114 |
| at the Community Development Department, 455 South Fifth Avenue, Oakdale, California or the Stanislaus County Library (Oakdale Branch) 151 South First Avenue, Oakdale, California. | |
| ——— | |
| | |
| | |
| Approximately 4,800 feet downstream of Riverbank Highway | *84 |
| Approximately 4,000 feet upstream of Riverbank Highway | *87 |
| at City Hall, 6707 Third Street, Riverbank, California. | |
| | |
| | |
| | |
| Approximately 1,200 feet downstream of State Highway 82 Bypass | *6,558 |
| Approximately 6,000 feet upstream of State Highway 82 Bypass | *6,637 |
| | |
| Approximately 5,500 feet downstream of Hooks Spur Road | *6,526 |
| Approximately 50 feet downstream of confluence of Snowmass Creek | *6,844 |
| at the GIS Department, 130 South Galena Street, Aspen, Colorado. | |
| | |
| | |
| | |
| At confluence with Missouri River | +1,914 |
| Approximately 2 miles upstream of State Route 258 bridge | +1,965 |
| | |
| Approximately 8 miles downstream of confluence with Big Muddy Creek | +1,910 |
| Approximately 2,000 feet upstream of the confluence with Milk River | +2,032 |
| | |
| At confluence with Missouri River | +1,955 |
| Approximately 1,200 feet downstream of the confluence with West Fork Poplar River | +2,191 |
| | |
| Approximately 3,600 feet downstream of U.S. Highway 2 | +2,058 |
| Approximately 5 miles downstream of Midway Dam at the boundary of Section 26 and 35 Township 32 North Range 40 East | +2,575 |
| at 501 Medicine Bear Road, Poplar, Montana. | |
| | |
| | |
| | |
| Just downstream of SE Sherret Street at confluence with Johnson Creek | *48 |
| Approximately 1,150 feet upstream of 28th Avenue | *77 |
| | |
| Just upstream of SE Ochoco Street | *44 |
| Just downstream of Circle Avenue | *252 |
| at the Office of Planning and Development Review, 1900 Southwest Fourth Avenue, Room 50, Portland, Oregon. | |
| | |
| | |
| | |
| Approximately 100 feet upstream of Old Monitor Road | *717 |
| Approximately 1.7 miles upstream of Main Street | *1,046 |
| at the Department of Public Works, 350 Orondo Street, Wenatchee, Washington. | |
| ——— | |
| | |
| | |
| Approximately 1,300 feet downstream of Cottage Avenue | *756 |
| Approximately 1.7 miles upstream of Cottage Avenue | *763 |
| at City Hall, 101 Woodring Street, Cashmere, Washington. | |
(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance”)
Dated: June 15, 2004.
Archibald C. Reid, III,
Acting Director, Mitigation Division, Emergency Preparedness and Response Directorate.