Federal Register / Vol. 69, No. 79 / Friday, April 23, 2004 / Proposed Rules 21989

#Depth in feet above ground. *Elevation in feet (NGVD) •Elevation in feet State City/town/county Source of flooding Location (NAVD) Existing Modified

Virginia ...... Stafford County ..... Accokeek Creek ...... Approximately 0.66 mile downstream of None •12 State Route 609. Approximately 350 feet upstream of State None •189 Route 628. Aquia Creek ...... Approximately 0.79 mile downstream of •7 •8 Aquia Drive. Approximately 930 feet upstream of None •281 Tacketts Mill Road. Austin Run ...... Approximately 0.63 mile upstream of the None •7 with Aquia Creek. Approximately 285 feet upstream of None •258 Winding Creek Road (State Route 628). Claiborne Run ...... At the upstream side of Kings Highway •39 •41 (State Route 3). Approximately 0.56 mile upstream of U.S. None •168 Route 1. England Run ...... Approximately 185 feet upstream of the None •59 confluence with Rappahannock River. Approximately 1.0 mile upstream of State None •225 Route 670. Falls Run...... Approximately 1,000 feet upstream of •41 •40 U.S. Route 17. Approximately 1.06 miles upstream of None •345 Cardinal Forest Drive. Little Falls Run ...... Approximately 1,280 feet upstream of •33 •32 Kings Highway. Approximately 0.52 mile upstream of None •142 State Route 218. Tributary 2 to Austin Run At the confluence with Tributary 3 to Aus- None •54 tin Run. Approximately 225 feet upstream of None •149 Rockdale Road (State Route 617). Tributary 3 to Austin Run At the confluence with Austin Run ...... •29 •31 Approximately 800 feet upstream of the None •54 confluence of Austin Run Tributary 2. Whitsons Run (previously At the confluence with Austin Run ...... None •56 known as Tributary 1 to Austin Run). Approximately 0.65 mile upstream of None •253 Eustace Road (State Route 751). Maps available for inspection at the Stafford County Administration Center, Department of Code Administration, 1300 Courthouse Road, Staf- ford, . Send comments to Mr. Robert Crosby, Stafford County Administrator, P.O. Box 339, Stafford, Virginia 22555–0339.

(Catalog of Federal Domestic Assistance No. DEPARTMENT OF HOMELAND proposed Base (1% annual chance) 83.100, ‘‘Flood Insurance.’’) SECURITY Flood Elevations (BFEs) and proposed Dated: April 7, 2004. BFE modifications for the communities Anthony S. Lowe, Federal Emergency Management listed below. The BFEs are the basis for Agency Mitigation Division Director, Emergency the floodplain management measures Preparedness and Response Directorate. that the community is required either to 44 CFR Part 67 adopt or to show evidence of being [FR Doc. 04–9216 Filed 4–22–04; 8:45 am] [Docket No. FEMA–D–7588] already in effect in order to qualify or BILLING CODE 9110–12–P remain qualified for participation in the Proposed Flood Elevation National Flood Insurance Program Determinations (NFIP). DATES: The comment period is ninety AGENCY: Federal Emergency (90) days following the second Management Agency (FEMA), publication of this proposed rule in a Emergency Preparedness and Response newspaper of local circulation in each Directorate, Department of Homeland community. Security. ACTION: Proposed rule. ADDRESSES: The proposed BFEs for each community are available for inspection SUMMARY: Technical information or at the office of the Chief Executive comments are requested on the Officer of each community. The

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respective addresses are listed in the requirements of the NFIP and are also Executive Order 12612, Federalism. table below. used to calculate the appropriate flood This proposed rule involves no policies FOR FURTHER INFORMATION CONTACT: insurance premium rates for new that have federalism implications under Doug Bellomo, P.E., Hazard buildings built after these elevations are Executive Order 12612, Federalism, Identification Section, Emergency made final, and for the contents in these dated October 26, 1987. Preparedness and Response Directorate, buildings. Executive Order 12778, Civil Justice FEMA, 500 C Street SW., Washington, National Environmental Policy Act. Reform. This proposed rule meets the DC 20472, (202) 646–2903. This proposed rule is categorically applicable standards of Section 2(b)(2) excluded from the requirements of 44 of Executive Order 12778. SUPPLEMENTARY INFORMATION: FEMA CFR Part 10, Environmental proposes to make determinations of Consideration. No environmental List of Subjects in 44 CFR Part 67 BFEs and modified BFEs for each impact assessment has been prepared. community listed below, in accordance Regulatory Flexibility Act. The Administrative practice and with section 110 of the Flood Disaster Mitigation Division Director of the procedure, Flood insurance, Reporting Protection Act of 1973, 42 U.S.C. 4104, Emergency Preparedness and Response and recordkeeping requirements. and 44 CFR 67.4(a). Directorate certifies that this proposed Accordingly, 44 CFR part 67 is These proposed base flood and rule is exempt from the requirements of proposed to be amended as follows: modified BFEs, together with the the Regulatory Flexibility Act because floodplain management criteria required proposed or modified BFEs are required PART 67—[AMENDED] by 44 CFR 60.3, are the minimum that by the Flood Disaster Protection Act of are required. They should not be 1973, 42 U.S.C. 4105, and are required 1. The authority citation for part 67 construed to mean that the community to establish and maintain community continues to read as follows: must change any existing ordinances eligibility in the NFIP. As a result, a Authority: 42 U.S.C. 4001 et seq.; that are more stringent in their regulatory flexibility analysis has not Reorganization Plan No. 3 of 1978, 3 CFR, floodplain management requirements. been prepared. 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, The community may at any time enact Regulatory Classification. This 3 CFR, 1979 Comp., p. 376. stricter requirements of its own, or proposed rule is not a significant § 67.4 [Amended] pursuant to policies established by other regulatory action under the criteria of Federal, state or regional entities. These Section 3(f) of Executive Order 12866 of 2. The tables published under the proposed elevations are used to meet September 30, 1993, Regulatory authority of § 67.4 are proposed to be the floodplain management Planning and Review, 58 FR 51735. amended as follows:

#Depth in feet above ground. *Elevation in feet (NGVD) •Elevation in feet Source of flooding Location (NAVD) Communities affected Existing Modified

VIRGINIA Albemarle County

Cow Branch ...... At the confluence with Moores Creek ...... None •333 Albemarle County (Unin- corporated Areas). Approximately 285 feet upstream of Mill Creek Drive ... None •439 Flat Branch ...... At the confluence with North Fork Rivanna River ...... None •386 Albemarle County (Unin- corporated Areas). Approximately 4,890 feet upstream of the confluence None •441 with Flat Branch Tributary. Flat Branch Tributary ...... At the confluence with Flat Branch ...... None •386 Albemarle County (Unin- corporated Areas). Approximately 2,490 feet upstream of Lewis & Clark None •442 Drive. Herring Branch ...... At the confluence with North Fork Rivanna River ...... None •389 Albemarle County (Unin- corporated Areas). Approximately 2,530 feet upstream of private drive ...... None •443 Jacobs Run ...... At the confluence with North Fork Rivanna River ...... None •396 Albemarle County (Unin- corporated Areas). At the Chris Green Lake ...... None •396 Lickinghole Creek ...... Approximately 70 feet downstream of railroad bridge ... •500 •501 Albemarle County (Unin- corporated Areas). Approximately 150 feet upstream of Jarmans Gap None •902 Road. North Fork Rivanna River .. At the confluence with Rivanna River ...... •352 •356 Albemarle County (Unin- corporated Areas). Approximately 1,375 feet upstream of Dickerson Road None •398 Powells Creek ...... At the confluence with Lickinghole Creek ...... None •623 Albemarle County (Unin- corporated Areas). Approximately 320 feet upstream of Railroad Avenue .. None •786 Rivanna River ...... At the County boundary ...... None •287 Albemarle County (Unin- corporated Areas), Inde- pendent City of Char- lottesville.

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#Depth in feet above ground. *Elevation in feet (NGVD) •Elevation in feet Source of flooding Location (NAVD) Communities affected Existing Modified

At the confluence with North Fork Rivanna River ...... •352 •356 Slabtown Branch ...... At the confluence with Lickinghole Creek ...... None •600 Albemarle County (Unin- corporated Areas). Approximately 3,000 feet upstream of State Route 684 None •766 Moores Creek ...... At the confluence with Rivanna River ...... •324 •329 Albemarle County (Unin- corporated Areas), Inde- pendent City of Char- lottesville. Approximately 1,300 feet downstream of State Route •331 •330 20. Meadow Creek ...... At the confluence with Rivanna River ...... •343 •345 Albemarle County (Unin- corporated Areas), Inde- pendent City of upstream of Charlottesville. Approximately 100 feet upstream of Rio Road ...... None •358 South Fork Rivanna River .. At the confluence with Rivanna River ...... •351 •356 Albemarle County (Unin- corporated Areas). Approximately 630 feet upstream of the confluence of •357 •358 Powells Creek.

Albemarle County (Unincorporated Areas) Maps available for inspection at the Albemarle County Engineering Office, 401 McIntire Road, Charlottesville, Virginia. Send comments to Mr. Robert W. Tucker, Jr., Albemarle County Executive, Albemarle County Building, 401 McIntire Road, Charlottesville, Virginia 22902. Independent City of Charlottesville Maps available for inspection at the Charlottesville City Hall, Neighborhood Development Services, 4th Street, NW., Charlottesville, Virginia. Send comments to The Honorable Maurice Cox, Mayor of the Independent City of Charlottesville, P.O. Box 911, Charlottesville, Virginia 22902.

VIRGINIA Roanoke County (Unincorporated Areas)

Peters Creek Tributary A ... At the confluence with Peters Creek ...... *1,103 *1,106 Roanoke County (Unincor- porated Areas). Approximately 160 feet upstream of Timberview Road None *1,120 Peters Creek ...... Approximately 1,150 feet upstream of the confluence *969 *968 City of Roanoke, Roanoke with Roanoke River. County (Unincorporated Areas) At the confluence of Peters Creek Tributaries A and B *1,103 *1,106 Peters Creek Tributary B ... At the confluence with Peters Creek ...... *1,103 *1,106 Roanoke County (Unincor- porated Areas) Approximately 2,000 feet upstream of the confluence *1,124 *1,127 with Peters Creek. Peters Creek Tributary C ... Approximately 20 feet upstream of the confluence with *1,027 *1,028 City of Roanoke, Roanoke Peters Creek. County (Unincorporated Areas). Approximately 1,100 feet upstream of Embassy Drive None *1,088

Roanoke County (Unincorporated Areas) Maps available for inspection at the Roanoke County Engineering Office, 5204 Bernard Drive, SW., Roanoke, Virginia. Send comments to Mr. Elmer C. Hodge, Roanoke County Administrator, P.O. Box 29800, Roanoke, Virginia 24018.

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(Catalog of Federal Domestic Assistance No. ADDRESSES: The proposed BFEs for each Emergency Preparedness and Response 83.100, ‘‘Flood Insurance.’’) community are available for inspection Directorate certifies that this proposed Dated: April 7, 2004. at the office of the Chief Executive rule is exempt from the requirements of Anthony S. Lowe, Officer of each community. The the Regulatory Flexibility Act because Mitigation Division Director, Emergency respective addresses are listed in the proposed or modified BFEs are required Preparedness and Response Directorate. table below. by the Flood Disaster Protection Act of [FR Doc. 04–9217 Filed 4–22–04; 8:45 am] FOR FURTHER INFORMATION CONTACT: 1973, 42 U.S.C. 4105, and are required BILLING CODE 9110–12–P Doug Bellomo, P.E., Hazard to establish and maintain community Identification Section, Emergency eligibility in the NFIP. As a result, a Preparedness and Response Directorate, regulatory flexibility analysis has not DEPARTMENT OF HOMELAND FEMA, 500 C Street, SW., Washington, been prepared. SECURITY DC 20472, (202) 646–2903. Regulatory Classification. This SUPPLEMENTARY INFORMATION: FEMA proposed rule is not a significant Federal Emergency Management proposes to make determinations of regulatory action under the criteria of Agency BFEs and modified BFEs for each Section 3(f) of Executive Order 12866 of community listed below, in accordance September 30, 1993, Regulatory 44 CFR Part 67 with Section 110 of the Flood Disaster Planning and Review, 58 FR 51735. Protection Act of 1973, 42 U.S.C. 4104, [Docket No. FEMA–D–7590] Executive Order 12612, Federalism. and 44 CFR 67.4(a). This proposed rule involves no policies These proposed base flood and Proposed Flood Elevation that have federalism implications under modified BFEs, together with the Executive Order 12612, Federalism, Determinations floodplain management criteria required dated October 26, 1987. AGENCY: Federal Emergency by 44 CFR 60.3, are the minimum that are required. They should not be Executive Order 12778, Civil Justice Management Agency (FEMA), Reform. This proposed rule meets the Emergency Preparedness and Response construed to mean that the community must change any existing ordinances applicable standards of Section 2(b)(2) Directorate, Department of Homeland of Executive Order 12778. Security. that are more stringent in their floodplain management requirements. ACTION: List of Subjects in 44 CFR Part 67 Proposed rule. The community may at any time enact Administrative practice and SUMMARY: Technical information or stricter requirements of its own, or comments are requested on the pursuant to policies established by other procedure, flood insurance, reporting proposed Base (1% annual chance) Federal, state or regional entities. These and recordkeeping requirements. Flood Elevations (BFEs) and proposed proposed elevations are used to meet Accordingly, 44 CFR Part 67 is BFE modifications for the communities the floodplain management proposed to be amended as follows: listed below. The BFEs are the basis for requirements of the NFIP and are also PART 67—[AMENDED] the floodplain management measures used to calculate the appropriate flood that the community is required either to insurance premium rates for new buildings built after these elevations are 1. The authority citation for Part 67 adopt or to show evidence of being continues to read as follows: already in effect in order to qualify or made final, and for the contents in these remain qualified for participation in the buildings. Authority: 42 U.S.C. 4001 et seq.; National Environmental Policy Act. National Flood Insurance Program Reorganization Plan No. 3 of 1978, 3 CFR, This proposed rule is categorically 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, (NFIP). excluded from the requirements of 44 3 CFR, 1979 Comp., p. 376. DATES: The comment period is ninety CFR Part 10, Environmental § 67.4 [Amended] (90) days following the second Consideration. No environmental publication of this proposed rule in a impact assessment has been prepared. 2. The tables published under the newspaper of local circulation in each Regulatory Flexibility Act. The authority of § 67.4 are proposed to be community. Mitigation Division Director of the amended as follows:

#Depth in feet above ground. *Elevation in feet (NGVD) • Elevation in feet Source of flooding Location (NAVD) Communities affected Existing Modified

KENTUCKY Boyd County

Ohio River...... Approximately 0.8 mile upstream of the *547 *546 City of Ashland, City of Catlettsburg, Body downstream county boundary. County (Unincorporated Areas) At upstream county boundary ...... *550 *549 Keys Creek ...... From the confluence with ...... *550 *549 City of Ashland, Boyd County (Unincor- porated Areas) Just upstream of Catlett Creek Road ...... *550 *549

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