# [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 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 maps are available for inspection as indicated on 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, FEMA, 500 C Street SW., Washington, DC 20472, (202) 646-2903.
**SUPPLEMENTARY INFORMATION:**
FEMA makes the final determinations listed below for the 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. 4104, and 44 CFR Part 67.
The 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 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 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 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. |
| --- | --- |
| | |
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| Approximately 0.5 mile downstream of State Route 30 | * 848 |
| Approximately 0.2 mile downstream of Combs Mountain Parkway | * 860 |
| | |
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| At the confluence with Licking River | * 853 |
| Approximately 0.1 mile upstream of Lick Branch Road | * 863 |
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| At the confluence with Licking River | * 853 |
| Approximately 1.7 miles upstream of State Route 2020 | * 886 |
| | |
| | |
| At the confluence with Licking River | * 850 |
| At the divergence from Licking River | * 857 |
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| At the upstream side of State Route 30 | * 848 |
| At the divergence from Licking River | * 849 |
| | |
| Approximately 0.36 mile upstream of the confluence with State Road Fork | * 860 |
| Approximately 0.56 mile upstream of the confluence with State Road Fork | * 864 |
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| at Magoffin County Courthouse, Judge's Office, 457 Parkway Drive, Salyersville, Kentucky. | |
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| at the Salyersville City Hall, 315 East Maple Street, Salyersville, Kentucky. | |
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| Approximately 2,600 feet upstream of confluence with Pascack Brook | * 38 |
| At Saddle River Road | * 243 |
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| Approximately 0.71 mile downstream of Brookside Avenue | * 26 |
| Approximately 1,300 feet from the upstream side of Magnolia Avenue | * 205 |
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| At the confluence of Musquapsink Brook | * 60 |
| Just downstream of Washington Lake Dam South | * 68 |
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| At the confluence with Pascack Brook | * 63 |
| Approximately 375 feet downstream of Saddlewood Drive | * 63 |
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| At the confluence with Pascack Brook | * 59 |
| Approximately 1,740 feet from upstream side of Harding Avenue | * 59 |
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| at the Emerson Borough Hall, Municipal Place, Emerson, New Jersey. | |
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| at the Harrington Park Municipal Center, 85 Harriot Avenue, Harrington Park, New Jersey. | |
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| at the Hillsdale Borough Hall, 380 Hillsdale Avenue, Hillsdale, New Jersey. | |
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| at the Montvale Borough Hall, 1 Memorial Drive, Montvale, New Jersey. | |
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| at the Paramus Borough Hall, 1 Jockish Square, Paramus, New Jersey. | |
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| at the Park Ridge Borough Hall, 55 Park Avenue, Park Ridge, New Jersey. | |
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| at the River Vale Township Office, 406 River Vale Road, River Vale, New Jersey. | |
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| at the Washington Township Office, 350 Hudson Avenue, Washington, New Jersey. | |
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| at the Westwood Borough Hall, 101 Washington Avenue, Westwood, New Jersey. | |
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| at the Woodcliff Lake Municipal Building, 188 Pascack Road, Woodcliff Lake, New Jersey. | |
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| At a point immediately upstream of Lawrence Street | *9 |
| Approximately 400 feet downstream of Springfield Avenue | *91 |
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| At the confluence with Rahway River | *75 |
| Approximately 180 feet downstream of Springfield Road | *75 |
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| At the confluence with Drainage Ditch | *75 |
| Approximately 350 feet upstream of Lafayette Place | *75 |
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| At the confluence with Rahway River | *72 |
| At a point immediately upstream of Springfield Avenue | *72 |
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| At the confluence with Rahway River | *73 |
| At the confluence of Branch 10-30-1 | *75 |
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| At the confluence with Rahway River | *71 |
| Approximately 350 feet upstream of Pittsfield Street | *71 |
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| At the confluence with Rahway River | *70 |
| Approximately 250 feet upstream of West Holly Street | *70 |
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| At the confluence with Rahway River | *74 |
| Approximately 580 feet downstream of Springfield Avenue | *74 |
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| At the confluence with Rahway River | *14 |
| At the confluence of Robinsons Branch | *50 |
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| At the confluence with Rahway River | *9 |
| Approximately 100 feet upstream of East Inman Avenue | *10 |
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| At the confluence with Drainage Ditch | *74 |
| Approximately 100 feet downstream of Willshire Drive | *74 |
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| At the confluence with Rahway River | *91 |
| At Liberty Avenue | *91 |
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| At Terrill Road | *131 |
| A point immediately upstream of Willow Avenue | *141 |
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| At the confluence with Vauxhall Branch | *91 |
| At Interstate 78 | *91 |
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| At the confluence with Elizabeth River | *42 |
| Approximately 1,400 feet upstream of Garden State Parkway entrance ramp | *60 |
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| At the confluence with Elizabeth River | *55 |
| Approximately 950 feet downstream of Union Avenue | *55 |
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| At Trotters Lane | *18 |
| Approximately 1,050 feet upstream of Union Avenue | *68 |
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| At Morris Avenue | *27 |
| Approximately 300 feet downstream of North Avenue | *28 |
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| A point immediately upstream of Barnett Street | *10 |
| Approximately 1,000 feet upstream of Lower Road to Rahway | *13 |
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| Approximately 450 feet upstream of the confluence with Rahway River | *91 |
| Approximately 2,800 feet downstream of Vauxhall Road | *91 |
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| Approximately 715 feet downstream of U.S. Route 9 | #1 |
| Just downstream of U.S. Route 9 | #1 |
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| at the Clark Township Engineer's Office, Municipal Building, 430 Westfield Avenue, Clark, New Jersey. | |
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| at the Cranford Township Engineer's Office, Municipal Building, 8 Springfield Avenue, Cranford, New Jersey. | |
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| at the Elizabeth City Engineer's Office, 50 Winfield Scott Plaza, Elizabeth, New Jersey. | |
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| at the Fanwood Borough Engineer's Office, 75 North Martine Avenue, Fanwood, New Jersey. | |
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| at the Hillside Township Engineer's Office, JFK Plaza, Hillside and Liberty Avenue, Hillside, New Jersey. | |
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| at the Kenilworth Borough Engineer's Office, Municipal Building, 567 Boulevard, Kenilworth, New Jersey. | |
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| at the Linden City Engineer's Office, Municipal Building, 301 North Wood Avenue, Linden, New Jersey. | |
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| at the Rahway City Engineer's Office, 1 City Hall Plaza, Rahway, New Jersey 07065. | |
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| at the Springfield Township Engineer's Office, Municipal Building, 100 Mountain Avenue, Springfield, New Jersey. | |
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| at the Union Township Engineer's Office, Municipal Building, 1976 Morris Avenue, Union, New Jersey. | |
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| at the Westfield Town Engineer's Office, Municipal Building, 425 East Broad Street, Westfield, New Jersey. | |
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| at the Winfield Township Municipal Building, 12 Gulfstream Avenue, New Jersey. | |
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| Approximately 460 feet upstream of Interstate 64 | •580 |
| Approximately 1,200 feet north of the intersection of Howells Mill Road and U.S. Route 60 | •580 |
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| Approximately 50 feet downstream of Interstate 64 | •606 |
| Approximately 50 feet upstream of Interstate 64 | •608 |
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| at the Cabell County Office of Grants, Planning and Permits, Cabell County Courthouse, room 314, Hunting, West Virginia. | |
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| at the City of Milton Annex Building, 1595 U.S. Route 60 East, Milton, West Virginia. | |
(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”)
Dated: May 16, 2005.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and Response Directorate.