# [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 | *Elevation in feet (NGVD). |
| --- | --- |
| | |
| | |
| | |
| Confluence with Nugget Creek | +3,409 |
| Approximately 625 feet upstream of Alder Street | +3,545 |
| | |
| Confluence with Greenhorn Creek | +3,434 |
| Approximately 320 feet upstream of Chandler Road | +3,464 |
| | |
| Confluence with Spanish Creek | +3,404 |
| Approximately 2,200 feet upstream of confluence of Gansner Creek | +3,427 |
| | |
| Confluence with Clear Stream | +3,423 |
| Approximately 740 feet upstream of Bucks Lake Road | +3,497 |
| | |
| Confluence with Spanish Creek | +3,401 |
| Approximately 1,950 feet upstream of Highway 89/70 | +3,494 |
| | |
| Confluence with Spanish Creek | +3,401 |
| Approximately 2,500 feet upstream of Highway 89/70 | +3,555 |
| | |
| Confluence with Mill Creek | +3,402 |
| Approximately 200 feet upstream of Nugget Lane | +3,455 |
| | |
| At Oakland Camp Road | +3,392 |
| Approximately 11,700 feet upstream of Highway 89/70 | +3,452 |
| | |
| Confluence with Greenhorn Creek | +3,446 |
| Approximately 300 feet upstream of Chandler Road | +3,491 |
| | |
| Confluence with Greenhorn Creek | +3,454 |
| Approximately 3,400 feet upstream of confluence with Thompson Creek Splitflow | +3,548 |
| | |
| Confluence with Thompson Creek | +3,488 |
| Approximately 2,600 feet upstream of confluence with Thompson Creek | +3,493 |
| | |
| Confluence with Boyle Ravine | +3,410 |
| Approximately 150 feet upstream of Highway 89/70 | +3,417 |
| | |
| Approximately 4,500 feet downstream of Greenville Park Road Bridge | +3,534 |
| Approximately 2 miles upstream of Main Street Bridge | +3,640 |
| at the Plumas County Planning Department, 520 Main Street, Room 121, Quincy, California. | |
| | |
| | |
| | |
| | |
| At confluence of Boulder Cottonwood No. 1 Ditch | +5,046 |
| At Tri-County Airport | +5,083 |
| Holbrook Street, Erie, CO. | |
| | |
| | |
| | |
| Just upstream of Southwest Scholls Ferry Road | *165 |
| Approximately 850 feet upstream of Southwest Scholls Ferry Road | *198 |
| at the Community Development Department, City Hall, 4755 Southwest Griffith Drive, Beaverton, Oregon. | |
| ——— | |
| | |
| | |
| At confluence with the Tualatin River | *125 |
| At Burlington Northern Railroad | *126 |
| | |
| At Interstate Highway 5 | *123 |
| At Burlington Northern Railroad (just upstream of confluence with Fanno Creek) | *125 |
| at City Hall, 17160 Southwest Upper Boones Ferry Road, Durham, Oregon. | |
| ——— | |
| | |
| | |
| At confluence with Fanno Creek | *160 |
| Just upstream of Oak Street | *170 |
| | |
| At Burlington Northern Railroad | *126 |
| At Southwest Scholls Ferry Road | *164 |
| | |
| At confluence with Fanno Creek | *158 |
| Just upstream of 135th Avenue | *176 |
| | |
| At confluence with Fanno Creek | *125 |
| Approximately 1.6 miles upstream of confluence with Fanno Creek | *127 |
| at the Engineering Department, City Hall, 13125 Southwest Hall Boulevard, Tigard, Oregon. | |
| ——— | |
| | |
| | |
| Just upstream of Southwest Hall Boulevard | *171 |
| Just upstream of Hemlock Street | *181 |
| | |
| Just upstream of Scholls Ferry Road | *197 |
| Approximately 200 feet upstream of Beaverton-Hillsdale Highway | *243 |
| at the Department of Land Use and Transportation, 155 North First Avenue, Suite 350, MS 12, Hillsboro, Oregon. | |
| Source of flooding and location | *Elevation in feet (NGVD) | Communities affected |
| --- | --- | --- |
| | | |
| | | |
| | | |
| At confluence with Walton Creek | *6,759 | Routt County (Uninc. Areas) and City of Steamboat Springs. |
| | | |
| At confluence with Yampa River | +6,533 | Routt County (Uninc. Areas). |
| | | |
| At confluence with Yampa River | +6,759 | Routt County (Uninc. Areas) and City of Steamboat Springs. |
| | | |
| Approximately 500 feet downstream of County Road 24 | +6,810 | Routt County (Uninc. Areas). |
| | | |
| At confluence with Yampa River | +6,816 | Routt County (Uninc. Areas). |
| | | |
| Approximately 2,600 feet downstream of U.S. Highway 40 | +6,314 | Routt County (Uninc. Areas) and Town of Hayden. |
| | | |
| At convergence with Yampa River main channel | +6,626 | Routt County (Uninc. Areas) and City of Steamboat Springs. |
| | | |
| At convergence with Yampa River main channel | +6,716 | City of Steamboat Springs. |
| | | |
| At convergence with Yampa River | +6,830 | Routt County (Uninc. Areas). |
| | | |
| Approximately 1.5 miles downstream of County Road 179 | +6,483 | Routt County (Uninc. Areas) and City of Steamboat Springs. |
| | | |
| | | |
| Maps are available for inspection at the Routt County Courthouse, 136 6th Street, Steamboat Springs, Colorado. | | |
| | | |
| Maps are available for inspection at City Hall, 124 Tenth Street, Steamboat Springs, Colorado. | | |
| | | |
| Maps are available for inspection at the Town Hall, 178 West Jefferson, Hayden, Colorado. | | |
(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance”)
Dated: October 6, 2004.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and Response Directorate.