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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

DOCUMENT SUMMARY: Base (1% 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 (FEMA or 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.

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 Flood Insurance Rate Map 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, Mitigation Directorate, 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 National Flood Insurance Program. 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.

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Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements.

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.

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) DELAWARE
New Castle County (Unincorporated Areas (FEMA Docket No.
7303)
Unnamed Tributary to Mill Creek:
Just upstream of Loblolly Court........................... *267 Approximately 870 feet upstream of Loblolly Court......... *281 Maps available for inspection at the New Castle Government
Center, 87 Reads Way, New Castle, Delaware.
NEW YORK
Peru (Town), Clinton County (FEMA Docket No. 7307)
Ausable River:
Approximately 0.59 mile downstream of U.S. Route 9........ *103 Approximately 0.83 mile upstream of U.S. Route 9.......... *116 Little Ausable River:
Upstream side of Delaware and Hudson Railroad bridge...... *103 Downstream side of Jarvis Road............................ *321 Silver Stream:
Approximately 320 feet downstream of U.S. Route 9......... *103 Downstream side of I87 Northbound........................ *185 Button Brook:
At confluence with Little Ausable River................... *284 Downstream side of Peasleeville Road...................... *366 Maps available for inspection at the Peru Town Hall, 3036
Main Street, Peru, New York.
NORTH CAROLINA
Clayton (Town), Johnston County (FEMA Docket No. 7303)
Little Creek:
Approximately 1,000 feet downstream of Ranch Road (State *197 Route 1560).............................................. Just downstream of Robertson Street (State Highway 1552).. *250 Maps available for inspection at the Clayton Town Hall,
Planning Department, 231 East 2nd Street, Clayton, North
Carolina.

Johnston County (Unincorporated Areas) (FEMA Docket No.
7303)
Little Creek:
At confluence with Swift Creek............................ *156 Approximately 1,000 feet downstream of Ranch Road (State *197 Route 1560).............................................. Swift Creek:
Approximately 0.4 mile downstream of confluence of Little *154 Creek.................................................... At Wake County line....................................... *203 Poplar Creek:
Approximately 700 feet downstream of Wilson Mills Road *129 (State Route 1913)....................................... Approximately 2,000 feet downstream of Twin Oak Drive..... *178 Unnamed Tributary #1 to Swift Creek:
At the confluence of Swift Creek.......................... *193 At the Wake County line................................... *218 Unnamed Tributary #2 to Swift Creek:
At the confluence with Swift Creek........................ *178 Just upstream of Cornwallis Road (State Route 1552)....... *262 White Oak Creek:
At the confluence with Swift Creek........................ *187 At the Wake County line................................... *223 Little Poplar Creek:
At the confluence with Poplar Creek....................... *141 Approximately 100 feet upstream from U.S. Highway 70...... *247 Maps available for inspection at the Johnson County GIS
Department, 207 East Johnston Street, Smithfield, North
Carolina.

Wilson's Mills (Town), Johnston County (FEMA Docket No.
7303)
Poplar Creek:
Approximately 0.76 mile downstream of Twin Oak Drive...... *170 Corporate limits to Swift Creek Road...................... *196 Maps available for inspection at the Wilson's Mills Town
Hall, 22 Fire Department Road, Wilson's Mills, North
Carolina.
OHIO
Harbor View (Village), Lucas County (FEMA Docket No. 7295) Maumee Bay: Approximately 300 feet east of the intersection *579 of Autokee Street and Lakeview Avenue...................... Maps available for inspection at the Harbor View Village
Hall, 327 Lakeview Drive, Harbor View, Ohio.

Holland (Village), Lucas County (FEMA Docket Nos. 7227 and 7295)
Drennan Ditch:
At confluence with Wolf Creek............................. *619 At Village corporate limits............................... *634 Wolf Creek:
Approximately 1,200 feet downstream of Holloway Road...... *617 Approximately 700 feet upstream of Holloway Road.......... *620 Maps available for inspection at the Village of Holland
Municipal Building, 1245 Clarion, Holland, Ohio.

Oregon (City), Lucas County (FEMA Docket No. 7295)
Maumee Bay: Approximately 1,300 feet northwest of the *580 intersection of Alabama Street and Mississippi Street...... Lake Erie: At the intersection of Norden Road and Jacobs *579 Road....................................................... Maps available for inspection at the City of Oregon Building and Zoning Inspection Department, 5330 Seaman Road, Oregon, Ohio.

Sylvania (City), Lucas County (FEMA Docket No. 7227) Schrieber Ditch:
Approximately 850 feet downstream of Centennial Road...... *673 Downstream side of Centennial Road........................ *676 Maps available for inspection at the City of Sylvania
Administration Building/Services Department, 6730 Monroe
Street, Suite 101, Sylvania, Ohio.

Toledo (City), Lucas County (FEMA Docket Nos. 7227 and 7295) Ottawa River:
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At the City of Toledo corporate limits.................... *580 At CSX Transportation..................................... *580 Swan Creek:
At the confluence with Maumee River....................... *580 Approximately 105 feet upstream of Monroe Street.......... *580 Maumee River:
At the confluence with Maumee Bay......................... *580 Approximately 0.6 mile downstream of the corporate limits. *581 Maumee Bay: Entire coastline within the City of Toledo *580 Otter Creek:
Upstream side of Taylor Road.............................. *585 Downstream side of Seaman Street.......................... *585 Haefner Ditch:
Approximately 330 feet upstream of HollandSylvania Road.. *634 Approximately 0.5 mile upstream of HollandSylvania Road.. *638 Hill Ditch:
Upstream side of Elmer Drive.............................. *627 Approximately 600 feet upstream of Orchard Hills Boulevard *637 Delaware Creek:
Confluence with Maumee River.............................. *581 Approximately 30 feet downstream of Rohr Road............. *581 Maps available for inspection at the City of Toledo Division of Building Inspection, One Government Center, Suite 1600, Toledo, Ohio.

Waterville (Village), Lucas County (FEMA Docket No. 7227) Maumee River:
Approximately 0.8 mile upstream of Dutch Road............. *607 Approximately 1.2 miles upstream of Forst Road............ *624 Maps available for inspection at the Waterville Village
Hall, 25 North Second Street, Waterville, Ohio.

Whitehouse (Village), Lucas County (FEMA Docket No. 7295) Lone Oak Ditch:
Just downstream of WhitehouseSpencer Road................ *645 Just upstream of Waterville Street........................ *655 Maps available for inspection at the Village of Whitehouse
Zoning and Building Department, 6655 Providence Street,
Whitehouse, Ohio.
PENNSYLVANIA
Delaware Water Gap (Borough), Monroe County (FEMA Docket No. 7303)
Delaware River:
Approximately 1.2 miles downstream of Interstate 80....... *313 Approximately 500 feet downstream of confluence with *321 Cherry Creek............................................. Maps available for inspection at the Delaware Water Gap
Borough Office, 49 Main Street, Delaware Water Gap,
Pennsylvania.
(Catalog of Federal Domestic Assistance No. 83.100, ``Flood Insurance'')

Dated: May 16, 2000.
Michael J. Armstrong,
Associate Director for Mitigation.
[FR Doc. 0014294 Filed 62000; 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.