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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% 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 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.

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). CALIFORNIA
Gibson Canyon Creek:
Approximately 2,250 feet downstream of Byrnes Road........ *69 Approximately 100 feet upstream of Browns Valley Road..... *143 South Branch Gibson Canyon Creek:
Just downstream of Crocker Drive.......................... *102 Just upstream of Browns Valley Road....................... *142 Horse Creek:
Approximately 500 feet downstream of Willow Avenue........ *77 Approximately 1,500 feet upstream of Willow Avenue........ *79 Maps are available for inspection at Solano County
Department of Environmental Management, 601 W. Texas
Street, Fairfield, California.

City of Vacaville, Solano County (FEMA Docket No. B7401)
Gibson Canyon Creek:
Approximately 2,100 feet downstream of Interstate Highway *78 80 (Eastbound)........................................... Approximately 1,200 feet upstream of Eubanks Road......... *113 [[Page 80363]]
South Branch Gibson Canyon Creek:
At confluence with Gibson Canyon Creek.................... *98 At intersection with Interstate Highway 505............... *103 Approximately 500 feet upstream of Eubanks Road........... *121 Horse Creek:
Approximately 800 feet downstream of Leisure Town Road.... *82 Approximately 2,000 feet upstream of Sewer Maintenance *137 Road..................................................... Middle Branch Horse Creek:
Just upstream of Interstate Highway 80.................... *91 Approximately 2,200 feet upstream of Interstate Highway *112 505...................................................... Pine Tree Creek:
At confluence with Horse Creek............................ *97 At upstream side of Putah South Canal..................... *122 Just downstream of Browns Valley Road..................... *136 At Browns Valley Road Crossing of Southern Pacific #2 Railroad................................................. South Branch Horse Creek:
At confluence with Horse Creek............................ *114 Just downstream of Southern Pacific Railroad.............. *134 Just downstream of Sundance Drive......................... # 2 Middle Swale to South Branch Horse Creek:
At confluence with South Branch Horse Creek............... *122 Just downstream of Southern Pacific Railroad.............. *131 Just upstream of Southern Pacific Railroad................ # 1 North Branch Horse Creek:
At confluence with Horse Creek............................ *83 At downstream side of Interstate Highway 80............... *88 Pine Tree Creek Split:
At convergence with Pine Tree Creek....................... *122 Approximately 1,100 feet upstream of convergence with Pine *125 Tree Creek............................................... Maps are available for inspection at the Vacaville City
Hall, 650 Merchant Street, Vacaville, California.
COLORADO
City of Durango, La Plata County (FEMA Docket No. B7401)
Animas River:
Approximately 0.67 mile downstream of U.S. Highway 155/160 *6,375 Approximately 3.56 miles upstream of 32nd Street.......... *6,551 Dry Gulch:
Approximately 1,500 feet upstream of confluence with *6,628 Junction Creek........................................... Approximately 5,670 feet upstream of Borrego Drive........ *6,873 Lightner Creek:
At confluence with Animas River........................... *6,485 Approximately 1,800 feet upstream of confluence with *6,513 Animas River............................................. Maps are available for inspection at the Planning
Department, 1235 Camino Del Rio, Durango, Colorado.

La Plata County (Unincorporated Areas) (FEMA Docket No. B
7401)
Animas River:
Approximately 2.09 miles downstream of U.S. Highway 155/ *6,337 160...................................................... Approximately 2.8 miles upstream of 32nd Street........... *6,548 Approximately 3.56 miles upstream of 32nd Street.......... *6,551 Lightner Creek:
At confluence with Animas River........................... *6,484 Approximately 3,525 feet upstream of U.S. Highway 160..... *6,699 Maps are available for inspection at the Building
Department, 1060 E. 2nd Avenue, Durango, Colorado.
KANSAS
City of Augusta, Butler County (FEMA Docket No. B7401)
Elm Creek (above Augusta Lake):
At mouth at Augusta Lake.................................. *1,263 Approximately 1,900 feet upstream of Augusta Lake Road.... *1,269 Maps are available at City Hall, 116 East Sixth Street,
Augusta, Kansas.

NEW MEXICO

City of Raton, Colfax County (FEMA Docket No. B7401) Raton Creek:
Approximately 3,360 feet downstream of Frontage Road...... *6,541 Approximately 1,560 feet upstream of North Second Street.. *6,705 Middle Creek:
Approximately 600 feet downstream of Interstate Highway 25 *6,527 At Atchison, Topeka and Santa Fe Railway Crossing......... *6,633 South Creek:
Approximately 900 feet upstream of confluence with Middle *6,520 Creek.................................................... Approximately 120 feet upstream of South Second Street *6,552 (U.S. Highway 85)........................................ Maps are available for inspection at the City Engineer's
office, City Hall, 224 Savage Avenue, Raton, New Mexico.
SOUTH DAKOTA
City of Deadwood, Lawrence County (FEMA Docket No. B7401)
Whitewood Creek:
Approximately 800 feet downstream of U.S. Highway 14A.... *4,394 Approximately 550 feet downstream of U.S. Highway 85...... *4,642 Deadwood Creek:
Approximately 1,225 feet upstream of Shine Street......... None Just upstream of U.S. Highway 14A........................ *4,640 Approximately 1,550 feet upstream of U.S. Highway 14A.... *4,658 Spring Creek:
At upstream end of culvert, approximately 400 feet *4,580 upstream of North Williams Street........................ At western corporate limit, approximately 2,600 feet *4,753 upstream of North Williams Street........................ Maps are available for inspection at 102 Sherman Street,
Deadwood, South Dakota.
TEXAS
City of Huntsville, Walker County (FEMA Docket No. B7401)
Alligator Branch:
Approximately 4,200 feet upstream of confluence with *307 Prairie Branch........................................... Approximately 7,400 feet upstream of confluence with *323 Prairie Branch........................................... Baldwin Creek:
Approximately 36,500 feet above confluence with Nelson *244 Creek.................................................... Approximately 43,500 feet above confluence with Nelson *261 Creek.................................................... Caney Creek:
Approximately 1,900 feet upstream of confluence with *354 Winters Bayou............................................ Approximately 24,000 feet upstream of confluence with *374 Winters Bayou............................................ Crabb Creek:
Approximately 17,400 feet upstream of confluence with *257 Nelson Creek............................................. Approximately 27,100 feet upstream of confluence with *287 Nelson Creek............................................. East Fork:
At confluence with Tanyard Branch......................... *271 [[Page 80364]]
Approximately 5,500 feet upstream of confluence with *298 Tanyard Branch........................................... Ford Branch:
At confluence with Wayne Creek............................ *272 Approximately 2,700 feet upstream of confluence with Wayne *286 Creek.................................................... Hadley Creek:
At Rosenwall Road......................................... *250 Approximately 200 feet north of Huntsville Airport Runway. *292 Horse Branch:
At its confluence with Town Branch........................ *274 Approximately 450 feet downstream of FM 2821.............. *285 Approximately 3,500 feet upstream of Holly Bend Road...... *329 Mays Creek:
Approximately 2,600 feet upstream of confluence of *320 Shepherd Creek........................................... Approximately 13,400 feet upstream of confluence of *355 Shepherd Creek........................................... McDonald Creek:
Approximately 2,300 feet downstream of Sunset Lake Dam.... *293 Approximately 1,900 feet upstream of Spring Lake Dam...... *376 McGary Creek:
Approximately 8,050 feet downstream of confluence with *279 Tributary 6.............................................. Approximately 9,700 feet upstream of confluence with *351 Tributary 5.............................................. Parker Creek:
Approximately 10,500 feet upstream of confluence with *212 harmon Creek............................................. Approximately 1,000 feet upstream of FM 247............... *279 Prairie Branch:
Approximately 14,800 feet upstream of confluence with East *287 Sandy Creek.............................................. Approximately 800 feet upstream of Broadmoor Drive........ *368 Robinson Creek:
Approximately 4,700 feet downstream of confluence with *283 Tributary 4.............................................. Approximately 16,350 feet upstream of confluence with *362 Tributary 4.............................................. Shepherd Creek:
Approximately 3,700 feet upstream of confluence of Mays *317 Creek.................................................... Approximately 7,150 feet upstream of confluence with *381 Tributary 3.............................................. Sixmile Branch:
Approximately 400 feet downstream of confluence with *253 Thompson Branch.......................................... Approximately 1,400 feet upstream of confluence with *261 Thompson Branch.......................................... Tanyard Branch:
Approximately 500 feet upstream of confluence with Harmony *224 Creek.................................................... Approximately 2,600 feet upstream of State Highway 190.... *363 Thompson Branch:
At confluence with Sixmile Branch......................... *254 Approximately 1,000 feet upstream of confluence with *260 Sixmile Branch........................................... Town Branch:
At confluence with Parker Creek........................... *260 Approximately 700 feet upstream of Avenue J and 14th *361 Street................................................... Tributary A:
At confluence with Town Branch............................ *322 Approximately 280 feet upstream of its confluence with *324 Town Branch.............................................. Approximately 300 feet upstream of State Highway 30/190... *338 Tributary B:
At confluence with Horse Branch........................... *307 Approximately 800 feet upstream of Private Dam............ *327 Tributary 2:
At confluence with Tanyard Branch......................... *225 Approximately 1,250 feet upstream of Robinson Road........ *253 Tributary 3:
At confluence with Shepherd Creek......................... *358 Approximately 1,700 feet upstream of confluence with *364 Shepherd Creek........................................... Tributary 4:
At confluence with Robinson Creek......................... *293 Approximately 7,800 feet upstream of confluence with *330 Robinson Creek........................................... Tributary 5:
At confluence with McGary Creek........................... *319 Approximately 7,600 feet upstream of confluence with *347 McGary Creek............................................. Tributary 6:
At confluence with McGary Creek........................... *292 Approximately 10,500 feet upstream of confluence with *319 McGary Creek............................................. Tributary 7:
Approximately 14,800 feet upstream of confluence with *256 Hadley Creek............................................. Approximately 20,400 feet upstream of confluence with *275 Hadley Creek............................................. Tributary 8:
Approximately 3,700 feet upstream of confluence with *217 Parker Creek............................................. Approximately 8,000 feet upstream of confluence with *231 Parker Creek............................................. Tributary 9:
At confluence with Shepherd Creek......................... *332 Approximately 6,700 feet upstream of confluence with *347 Shepherd Creek........................................... Wayne Creek:
Approximately 2,100 feet upstream of confluence with *259 Harmony Creek............................................ Approximately 12,600 feet upstream of confluence with *298 Harmony Creek............................................ Maps are available for inspection at City Service Center,
448 Highway 75 North, Huntsville, Texas.
(Catalog of Federal Domestic Assistance No. 83.100, ``Flood Insurance.'')

Dated: December 6, 2000.
Michael J. Armstrong,
Associate Director for Mitigation.
[FR Doc. 0032213 Filed 122000; 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.