5956 Federal Register / Vol. 70, No. 23 / Friday, February 4, 2005 / Proposed Rules 

Source of flooding Location 

#Depth in feet above 

ground

*Elevation in feet 

(NGVD)

• Elevation in feet 

(NAVD) 

Communities affected 

Existing Modified 

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. 

WEST VIRGINIA

Cabell County

Fudges Creek ....................... Approximately 460 feet upstream of Interstate 64 ............ None •580 Cabell County (Unincorporated Areas). 

Approximately 1,200 feet north of the intersection of 

Howells Mill Road and U.S. Route 60.

None •580 

Lee Creek ............................. Approximately 50 feet downstream of Interstate 64 .......... None •606 City of Milton. 

Approximately 50 feet upstream of Interstate 64 .............. None •608 

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. 

(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

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket No. FEMA–D–7604] 

Proposed Flood Elevation 

Determinations

AGENCY: Federal Emergency 

Management Agency (FEMA), 

Emergency Preparedness and Response 

Directorate, Department of Homeland 

Security.

ACTION: Proposed rule.

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. 

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 

Federal Register / Vol. 70, No. 23 / Friday, February 4, 2005 / Proposed Rules 5957

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. 4104, 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.

§ 67.4 [Amended] 

2. The tables published under the 

authority of § 67.4 are proposed to be 

amended as follows:

State City/town/county Source of flooding Location 

#Depth in feet above 

ground Elevation in feet 

(NGVD)

*Elevation in feet (NAVD) 

Existing Modified 

Massachusetts ....... Duxbury (Town), 

Plymouth County.

Massachusetts Bay .......... Approximately 1,000 feet southwest of 

the intersection of Plymouth Avenue 

and Bay Avenue.

*10 *11 

Approximately 250 feet east of the intersection of Plymouth Avenue and Bay 

Avenue.

*19 *21 

Duxbury Bay/Bluefish 

River.

Approximately 600 feet west of the intersection of River Lane and Washington 

Street.

*9 *10 

Massachusetts Bay/Kingston Bay.Approximately 500 feet southeast of the 

intersection of Loring Street and Bay 

Road.

*13 *11 

Approximately 850 feet south of the intersection of Bay Road and Landing Road.*14 *15 

Duxbury Bay ..................... Approximately 500 feet south of the intersection of Powder Point Avenue and 

King Caesar Road.

*14 *17 

Massachusetts Bay/Duck 

Hill River/The Marsh.

Approximately 1,000 feet north of the 

intersection of St. George Street and 

Strawberry Lane.

*9 *11 

Maps available for inspection at the Duxbury Town Hall, 878 Tremont Street, Duxbury, Massachusetts.

Send comments to Mr. Rocco Longo, Duxbury Town Manager, 878 Tremont Street, Duxbury, Massachusetts 02332. 

(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. 05–2115 Filed 2–3–05; 8:45 am] 

BILLING CODE 9110–12–P

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety 

Administration 

49 CFR Parts 385, 390 and 395 

[Docket No. FMCSA–2004–19608; Formerly 

FMCSA–1997–2350] 

RIN 2126–AA90 

Hours of Service of Drivers

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT.

ACTION: Notice of availability in public 

docket; addendum to the regulatory 

impact analysis for the hours of service 

rulemaking; request for comments. 

SUMMARY: On January 24, 2005, the 

Federal Motor Carrier Safety 

Administration (FMCSA) published in 

the Federal Register (70 FR 3339) a 

Notice of Proposed Rulemaking (NPRM) 

regarding hours of service of 

commercial motor vehicle drivers. In 

that NPRM, FMCSA announced it is 

reviewing and reconsidering the 

regulations on hours of service of 

drivers published on April 28, 2003, 

and amended on September 30, 2003. In 

the docket to this January 24, 2005, 

NPRM, FMCSA re-filed the same 

Regulatory Impact Analysis (RIA), or 

comprehensive analysis of economic 

benefits and costs of the proposed rule, 

as was filed in the docket for the April 

2003 final rule. However, effective