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FEDERAL EMERGENCY MANAGEMENT AGENCY

Federal Emergency Management Agency

CFR Citation: 44 CFR Part 67

NOTICE: RULES

ACTION: Flood elevation determinations:

DOCUMENT ACTION: Final rule.

SUBJECT CATEGORY: Final Flood Elevation Determinations

EFFECTIVE DATES: The date of issuance of the Flood Insurance Rate Map (FIRM) showing base flood elevations and modified base flood elevations 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.

DOCUMENT SUMMARY: Base (1-percent-annual-chance) flood elevations and modified base flood elevations are made final for the communities listed below. The base flood elevations and modified base flood elevations 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).

SUMMARY: Various States,

SUPPLEMENTAL INFORMATION

The Federal Emergency Management Agency makes final determinations listed below of base flood elevations and modified base flood elevations for each community listed. The proposed base flood elevations and proposed modified base flood elevations 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 base flood elevations and proposed modified base flood elevations 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 base flood elevations and modified base flood elevations 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 Associate Director for Mitigation certifies that this rule is exempt from the requirements of the Regulatory Flexibility Act because final or modified base flood elevations 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.

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.

Sec. 67.11 [Amended]

2. The tables published under the authority of Sec. 67.11 are amended as follows:
# Depth in feet above ground. * Source of flooding and location Elevation in feet (NGVD) Arkansas
Perry County and Incorporated Areas (FEMA Docket No. 7302) Cypress Creek:
Approximately 4,200 feet downstream of Highway 9.......... *294 Approximately 2,000 feet upstream of Johnson Road......... *294 Haydou Branch:
At confluence with Cypress Creek.......................... *294 Approximately 2,200 feet upstream of Adelle Road.......... *357 [[Page 35588]]
Maps are available for inspection at the County Courthouse, Main Street and Highway 60, Perryville, Arkansas.
Maps are available for inspection at Town Hall, 104 South
Johnson Street, Perry, Arkansas.
Kansas
Leavenworth County (Unincorporated Areas) (FEMA Docket No. 7302)
Tonganoxie Creek:
Approximately 4,500 feet downstream of Washington Street.. *834 Approximately 3,800 feet downstream of Washington Street.. *835 Approximately 1,700 feet upstream of 218th Street......... *863 Unnamed Tributary #3:
Approximately 1,925 feet from its confluence with *863 Tonganoxie Creek......................................... Approximately 4,450 feet upstream from its confluence with *872 Tonganoxie Creek......................................... Maps are available for inspection at the Leavenworth County Courthouse, 300 Walnut, Leavenworth, Kansas.

Tonganoxie (city), Leavenworth County (FEMA Docket No. 7302) Tonganoxie Creek:
Approximately 4,500 feet downstream of Fourth Street...... *843 Approximately 3,300 feet downstream of Fourth Street...... *843 Approximately 100 feet upstream of 218th Street........... *862 Unnamed Tributary #3:
At its confluence with Tonganoxie Creek................... *862 Approximately 1,925 feet upstream of its confluence with *863 Tonganoxie Creek......................................... Maps are available for inspection at City Hall, 321 S.
Delaware, Tonganoxie, Kansas.
Wyoming
Green river (town), Sweetwater County (FEMA Docket No. 7302) Bitter Creek:
Located at the confluence of Bitter Creek with Green River *6,075 Located approximately 2,160 feet upstream of the *6,086 confluence of Bitter Creek with Green River.............. Green River:
Approximately 3,200 feet downstream of the Teton Boulevard *6,068 Bridge................................................... Located approximately 6,800 feet upstream of the Union *6,090 Pacific Railroad Bridge.................................. Maps are available for inspection at the Community
Development Department, 50 E. Second North Street, Green
River, Wyoming.
(Catalog of Federal Domestic Assistance No. 83.100, ``Flood Insurance'')

Dated: May 17, 2000.
Michael J. Armstrong,
Associate Director for Mitigation.
[FR Doc. 0013998 Filed 6200; 8:45 am] BILLING CODE 671804P

FOR FURTHER INFORMATION CONTACT Matthew B. Miller, P.E., Chief, Hazards Study Branch, Mitigation Directorate, 500 C Street SW., Washington, DC 20472, (202) 6463461, or (email) matt.miller@fema.gov.