[Federal Register Volume 71, Number 200 (Tuesday, October 17, 2006)]
[Proposed Rules]
[Pages 60985-60986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-17273]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-7468]


Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency (FEMA), Department of 
Homeland Security, Mitigation Division.

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 
BFEs 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: William R. Blanton, Jr., Engineering 
Management Section, Mitigation Division, 500 C Street, SW., Washington, 
DC 20472, (202) 646-3151.

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 BFEs 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 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. As flood elevation determinations are 
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    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 13132, Federalism. This rule involves no policies 
that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This rule meets the 
applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 67

    Administrative practice and procedure, flood insurance, reporting 
and recordkeeping requirements.


[[Page 60986]]


    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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                                                                  *Elevation in feet
                                                                 (NGVD)  +Elevation in
                                                                feet (NAVD)  
         Flooding source(s)            Location of referenced     Depth in feet above      Communities affected
                                             elevation                  ground
                                                              --------------------------
                                                                Effective     Modified
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Walker County Alabama, and Incorporated Areas
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Lost Creek..........................  Approximately 400 feet          *404         +406  Walker County
                                       upstream of BSNF                                   (Unincorporated Areas)
                                       Railway.
                                      Approximately 2,500             *409         +411
                                       feet downstream of
                                       South Pine Street.
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 Depth in feet above ground.
*National Geodetic Vertical Datum.
+National American Vertical Datum.
                                                    ADDRESSES
                                      Unincorporated Areas of Walker County
 
Maps are available for inspection at Walker County Engineering Department, 1801 Third Avenue, Jasper, AL 35501.
 
Send comments to Mrs. Rita Nichols, Office of Water Resources, P.O. Box 5690, Montgomery, AL 36103-5690.
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                                  Boone County, Kentucky and Incorporated Areas
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Ohio River..........................  At confluence of Dry            *495         +495  Boone County
                                       Creek.                                             (Unincorporated
                                                                                          Areas).
                                      At confluence of Big            *479         +478
                                       Bone Creek.
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 Depth in feet above ground.
*National Geodetic Vertical Datum.
+National American Vertical Datum.
 
                                                    ADDRESSES
                                      Unincorporated Areas of Boone County
 
Maps are available for inspection at the Boone County Planning Commission, Boone County Administration Building,
 3rd Floor, 2950 Washington Street, Burlington, KY 41005.
 
Send comments to the Honorable Anthony W. Frohlich, Mayor, Boone County, 6025 Rogers Lane, Suite 444,
 Burlington, KY 41005.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance.'')

    Dated: October 4, 2006.
David I. Maurstad,
Director, Mitigation Division, Federal Emergency Management Agency, 
Department of Homeland Security.
[FR Doc. E6-17273 Filed 10-16-06; 8:45 am]
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