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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

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 FIRM is available for inspection as indicated in the table below.

DOCUMENT 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).

SUMMARY: California and Hawaii,

SUPPLEMENTAL INFORMATION

FEMA makes the final determinations listed below of BFEs and modified BFEs for each community listed. The proposed BFEs and proposed modified BFEs 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 BFEs and proposed modified BFEs 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 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 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:
[[Page 66025]]
Depth in feet above Source of flooding and location ground. *Elevation in feet (NGVD) CALIFORNIA
San Pablo (City), Contra Costa County, (FEMA Docket No.
B7408)
Wildcat Creek:
Approximately 700 feet downstream of Rumrill Boulevard *30 Just downstream of Creek Vale Road.................... *81 San Pablo Creek:
Approximately 50 feet downstream of Giant Road........ *24 Approximately 100 feet upstream of Church Lane........ *57 Maps are available for inspection at One Alvarado
Square, San Pablo, California.
HAWAII
Hawaii County, (FEMA Docket No. B7437)
Kaluiiki Branch:
At confluence of Waipahoehoe Stream and Alenaio Stream *754 Approximately 200 feet upstream of Akala Road......... *811 Waipahoehoe Stream:
At confluence with Kaluiiki Branch and Alenaio Stream. *754 Approximately 100 feet upstream of Akala Road......... *811 Alenaio Stream:
Just upstream of Kaumana Drive........................ *708 At confluence of Kaluiiki Branch and Waipahoehoe *754 Stream...............................................
Maps are available for inspection at the Hawaii County
Department of Public Works, Engineering Division, 25
Aupuni Street, Hilo, Hawaii.
(Catalog of Federal Domestic Assistance No. 83.100, ``Flood Insurance'')

Dated: November 18, 2003.
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response Directorate.
[FR Doc. 0329357 Filed 112403; 8:45 am]
BILLING CODE 911013P

FOR FURTHER INFORMATION CONTACT Doug Bellomo, P.E. Hazard Identification Section, Emergency Preparedness and Response Directorate, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 6462903.