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DEPARTMENT OF HOMELAND SECURITY

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 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
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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 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 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 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) [sbull]Elevation in feet (NAVD) ALABAMA
Pike Road (Town), Montgomery County (FEMA Docket No. D
7558)
Little Catoma Creek:
Approximately 1.5 miles upstream of the confluence *226 of Little Catoma Creek Tributary 1.................
Approximately 2.7 miles upstream of the confluence *232 of Little Catoma Creek Tributary 1.................
Little Catoma Creek Tributary 1:
Approximately 4,400 feet upstream of the confluence *225 with Little Catoma Creek...........................
Approximately 3,300 feet downstream of Carter Mill *239 Road...............................................
Maps available for inspection at the Pike Road Town
Office, 915 Meriweather Road, Pike Road, Alabama.
WEST VIRGINIA
Smithers (Town), Fayette and Kanawha Counties (FEMA
Docket No. D7556)
Smithers Creek:
Approximately 60 feet upstream of confluence with *626 Kanawha River......................................
Approximately 640 feet upstream of County Route 22.. *652 Maps available for inspection at the Smithers Town
Hall, 175 Michigan Avenue, Smithers, West Virginia
WEST VIRGINIA
White Sulphur Springs (City), Greenbrier County (FEMA
Docket No. D7564)
Howard Creek:
Approximately 850 feet downstream of Greenbrier *1,839 Avenue.............................................
At upstream corporate limits........................ *1,887 Dry Creek:
At the confluence with Howard Creek................. *1,848 Approximately 0.45 mile of Interstate Route 64...... *1,883 Maps available for inspection at the White Sulphur
Springs City Hall, 34 West Main Street, White Sulphur
Springs, West Virginia.
(Catalog of Federal Domestic Assistance No. 83.100, ``Flood Insurance.'')

Dated: July 21, 2003.
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response Directorate.
[FR Doc. 0319245 Filed 72803; 8:45 am]
BILLING CODE 671804P

FOR FURTHER INFORMATION CONTACT Doug Bellomo, P.E., FEMA, 500 C Street SW., Washington, DC 20472, (202) 6462903.