[Federal Register Volume 70, Number 23 (Friday, February 4, 2005)]
[Proposed Rules]
[Pages 5954-5956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2116]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-D-7612]


Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency (FEMA), Emergency 
Preparedness and Response Directorate, Department of Homeland Security.

ACTION: Proposed rule.

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SUMMARY: Technical information or comments are requested on the 
proposed Base (1% annual chance) Flood Elevations (BFEs) and proposed 
BFE modifications for the communities listed below. The BFEs are the 
basis for the floodplain management measures that the 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).

DATES: The comment period is ninety (90) days following the second 
publication of this proposed rule in a newspaper of local circulation 
in each community.

ADDRESSES: The proposed BFEs for each community are available for 
inspection at the office of the Chief Executive Officer of each 
community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT: Doug Bellomo, P.E., Hazard 
Identification Section, Emergency Preparedness and Response 
Directorate, FEMA, 500 C Street, SW., Washington, DC 20472, (202) 646-
2903.

SUPPLEMENTARY INFORMATION: FEMA proposes to make determinations of BFEs 
and modified BFEs for each community listed below, in accordance with 
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 
4104, and 44 CFR 67.4(a).
    These proposed base flood and modified BFEs, together with the 
floodplain management criteria required by 44 CFR 60.3, are the minimum 
that are required. They should not be construed to mean that the 
community must change any existing ordinances that are more stringent 
in their floodplain management requirements.

[[Page 5955]]

The community may at any time enact stricter requirements of its own, 
or pursuant to policies established by other Federal, State or regional 
entities. These proposed elevations are used to meet the floodplain 
management requirements of the NFIP and are also used to calculate the 
appropriate flood insurance premium rates for new buildings built after 
these elevations are made final, and for the contents in these 
buildings.
    National Environmental Policy Act. This proposed 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 
proposed rule is exempt from the requirements of the Regulatory 
Flexibility Act because proposed or modified BFEs are required by the 
Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are required 
to establish and maintain community eligibility in the NFIP. As a 
result, a regulatory flexibility analysis has not been prepared.
    Regulatory Classification. This proposed 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 proposed 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 proposed to be 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.  67.4  [Amended]

    2. The tables published under the authority of Sec.  67.4 are 
proposed to be amended as follows:

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                                                                      <greek-i>Depth in
                                                                      feet above ground
                                                                     *Elevation in feet
                                                                      (NGVD)  <bullet>
         Source of flooding                     Location              Elevation in feet    Communities affected
                                                                           (NAVD)
                                                                   ----------------------
                                                                     Existing   Modified
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                                                    TENNESSEE
                                                  Benton County
----------------------------------------------------------------------------------------------------------------
Kentucky Lake/Big Sandy River.......  Along the northwestern             None       *375  Town of Big Sandy,
                                       County boundary.                                    County Benton
                                                                                           (Unincorporated
                                                                                           Areas).
Kentucky Lake/Tennessee River.......  Approximately 1.5 miles            *376       *375  Benton County
                                       upstream of I-40.                                   (Unincorporated
                                                                                           Areas).
                                      At the southern County             *376       *375  ......................
                                       boundary.
Burnside Creek......................  Approximately 0.6 mile             None       *381  City of Camden.
                                       upstream of East Lake
                                       Street.
                                      Approximately 500 feet             None       *393  ......................
                                       upstream of Stigall Street.
Cane Creek..........................  At the confluence of Charlie       None       *378  City of Camden.
                                       Creek.
                                      Approximately 450 feet             None       *426  ......................
                                       upstream of Post Oak Avenue.
Charlie Creek.......................  At the confluence with Cane        None       *378  City of Camden.
                                       Creek.
                                      Approximately 0.2 mile             None       *438  ......................
                                       upstream of Mimosa Street.
Cypress Creek.......................  Just upstream of Old Route         None       *378  City of Camden.
                                       70.
                                      Approximately 0.8 mile             None       *383  ......................
                                       upstream of Old Route 70.
-------------------------------------
Benton County (Unincorporated Areas)
 
Maps available for inspection at the Benton County Courthouse, 1 East Court Square, Room 102, Camden, Tennessee.
 
Send comments to The Honorable Jimmy Thornton, Benton County Mayor, 1 East Court Square, Room 102, Camden,
 Tennessee 38302.
 
Town of Big Sandy:
 
Maps available at the Big Sandy Town Hall, 65 Front Street, Big Sandy, Tennessee.
 
Send comments to The Honorable W.L. Waters, Mayor of the Town of Big Sandy, P.O. Box 176, Big Sandy, Tennessee
 38221.
 
City of Camden:
 
Maps available for inspection at the Camden City Hall, 110 Highway 641 South, Camden, Tennessee.
 
Send comments to The Honorable Jim Travis, Mayor of the City of Camden, P.O. Box 779, Camden, Tennessee 38320.
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                                                    TENNESSEE
                                                  Hardin County
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Tennessee River.....................  At approximately River Mile        *391       *388  City of Crump, City of
                                       Mzrker 160 along the                                Saltillo, City of
                                       Decatur County line.                                Savannah, Hardin
                                                                                           County
                                                                                           (Unincorporated
                                                                                           Areas).
                                      Approximately 7.75 miles           *420       *419
                                       upstream of Pickwick Dam.
Horse Creek.........................  At the confluence with the         *398       *395  Hardin County
                                       Tennessee River.                                    (Unincorporated
                                                                                           Areas).
                                      Approximately 3,000 feet           *422       *421  ......................
                                       upstream of Airport Road.
City of Crump...................................................................................................
 

[[Page 5956]]

 
Maps available for inspection at the Crump City Hall, 3020 Highway 64, Crump, Tennessee.
 
Send comments to The Honorable Phyllis James, Mayor of the City of Crump, P.O. Box 88, Crump, Tennessee 38327.
 
Hardin County (Unincorporated Areas)
 
Maps available for inspection at the Hardin County Courthouse, 465 Main Street, Savannah, Tennessee.
 
Send comments to The Honorable Kevin Davis, Hardin County Mayor, 465 Main Street, Savannah, Tennessee 38372.
 
City of Saltillo
 
Maps available for inspection at the Saltillo City Hall, 160 Oak Street, Saltillo, Tennessee.
 
Send comments to The Honorable David Willis, Mayor of the City of Saltillo, P.O. Box 7888, Saltillo, Tennessee
 38370.
 
City of Savannah
 
Maps available for inspection at the Savannah City Hall, 140 Main Street, Savannah, Tennessee.
 
Send comments to The Honorable Robert Shutt, Mayor of the City of Savannah, 140 Main Street, Savannah, Tennessee
 38372.
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                                                  WEST VIRGINIA
                                                  Cabell County
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Fudges Creek....................................................................................................
 
Lee Creek.......................................................................................................
 
Cabell County (Unincorporated Areas)
 
Maps available for inspection at the Cabell County Office of Grants, Planning and Permits, Cabell County
 Courthouse, Room 314, Huntington, West Virginia.
 
Send comments to Ms. Nancy Cartmill, President of the Cabell County Commission, 750 Fifth Avenue, Suite 300,
 Huntington, West Virginia 25701.
 
City of Milton
 
Maps available for inspection at the City of Milton Annex Building, 1595 U.S. Route 60 East, Milton, West
 Virginia.
 
Send comments to The Honorable Betty Sargent, Mayor of the City of Milton, P.O. Box 98, Milton, West Virginia
 25541-0098.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance'')

    Dated: January 28, 2005.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and 
Response Directorate.
[FR Doc. 05-2116 Filed 2-3-05; 8:45 am]
BILLING CODE 9110-12-P