[Federal Register Volume 71, Number 235 (Thursday, December 7, 2006)]
[Rules and Regulations]
[Pages 70904-70906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20781]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67


Final Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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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).

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 maps are available for 
inspection as indicated on the table below.

ADDRESSES: The final 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, Federal Emergency Management 
Agency, 500 C Street SW., Washington, DC 20472, (202) 646-3151.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency 
(FEMA) 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 
FEMA 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. 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

[[Page 70905]]

selected locations in each community are shown.
    National Environmental Policy Act. This final rule is categorically 
excluded from the requirements of 44 CFR part 10, Environmental 
Consideration. An environmental impact assessment has not 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 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 13132, Federalism. This final rule involves no 
policies that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This final 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.


0
Accordingly, 44 CFR part 67 is amended as follows:

PART 67--[AMENDED]

0
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]

0
2. The tables published under the authority of Sec.  67.11 are amended 
as follows:

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                                                                 * Elevation
                                                                   in feet
                                                                  (NGVD)  +
                                                                  Elevation
                                                                   in feet
          Flooding source(s)            Location of referenced      (NAVD)           Communities affected
                                               elevation          
                                                                   Depth in
                                                                  feet above
                                                                    ground
                                                                   Modified
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                                  Bell County, Kentucky and Incorporated Areas
                                             Docket No.: FEMA-B-7454
----------------------------------------------------------------------------------------------------------------
Cumberland River.....................  Approximately 6,185 feet       +1,009  Bell County (Unincorporated
                                        downstream of the                      Areas).
                                        confluence of Greasy
                                        Creek.
Cumberland River.....................  Approximately 770 feet         +1,099  City of Pineville.
                                        upstream of the
                                        confluence of Burst
                                        Branch.
Hances Creek.........................  At the confluence with         +1,021  Bell County (Unincorporated
                                        Cumberland River.                      Areas).
                                       Approximately 5,630 feet       +1,021
                                        upstream of the
                                        confluence with
                                        Cumberland River.
Left Fork Straight Creek.............  At the confluence with         +1,020  Bell County (Unincorporated
                                        Straight Creek.                        Areas).
                                       Approximately 1,915 feet       +1,075
                                        upstream of the
                                        confluence of Sims Fork.
Little Yellow Creek..................  At the confluence with         +1,131  City of Middlesboro.
                                        Yellow Creek.
                                       Approximately 275 feet         +1,141
                                        upstream of the
                                        confluence of Davis
                                        Branch.
Straight Creek.......................  At the confluence with         +1,020  Bell County (Unincoporated Areas).
                                        Cumberland River.
                                       Approximately 3,725 feet       +1,161
                                        upstream of the
                                        confluence of Cox
                                        Branch.
Yellow Creek.........................  At confluence with             +1,034  City of Pineville. Bell County
                                        Cumberland River.                      (Uninc. Areas).
                                       Approximately 375 feet         +1,141  City of Middlesboro.
                                        southwest of the
                                        intersection of
                                        Cumberland Avenue and
                                        34th Street.
----------------------------------------------------------------------------------------------------------------
 Depth in feet above ground.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 
                                                    ADDRESSES
 
                                       Bell County (Unincorporated Areas):
 
Maps are available for inspection at Community Map Repository, 1 Courthouse Square, Pineville, Kentucky 40977.
 
City of Middlesboro
 
Maps are available for inspection at Community Map Repository, 21 & Loft Avenue, Middlesboro, Kentucky 40965.
 
City of Pineville
 
Maps are available for inspection at Community Map Repository, 300 Virginia Avenue, Pineville, Kentucky 40977.
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[[Page 70906]]

(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance.'')

    Dated: November 30, 2006.
David I. Maurstad,
Director, Mitigation Division, Federal Emergency Management Agency, 
Department of Homeland Security.
[FR Doc. E6-20781 Filed 12-6-06; 8:45 am]
BILLING CODE 9110-12-P