Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Proposed Rules 55073 (Catalog of Federal Domestic Assistance No. at the office of the Chief Executive proposed rule is exempt from the 83.100, ‘‘Flood Insurance.’’) Officer of each community. The requirements of the Regulatory Dated: September 14, 2005. respective addresses are listed in the Flexibility Act because proposed or David I. Maurstad, table below. modified BFEs are required by the Flood Acting Director, Mitigation Division, FOR FURTHER INFORMATION CONTACT: Disaster Protection Act of 1973, 42 Emergency Preparedness and Response Doug Bellomo, P.E., Hazard U.S.C. 4105, and are required to Directorate. Identification Section, Emergency establish and maintain community [FR Doc. 05–18730 Filed 9–19–05; 8:45 am] Preparedness and Response Directorate, eligibility in the NFIP. As a result, a BILLING CODE 9110–12–P FEMA, 500 C Street SW., Washington, regulatory flexibility analysis has not DC 20472, (202) 646–2903. been prepared. SUPPLEMENTARY INFORMATION: FEMA Regulatory Classification DEPARTMENT OF HOMELAND proposes to make determinations of This proposed rule is not a significant SECURITY BFEs and modified BFEs for each regulatory action under the criteria of community listed below, in accordance Federal Emergency Management Section 3(f) of Executive Order 12866 of with Section 110 of the Flood Disaster Agency September 30, 1993, Regulatory Protection Act of 1973, 42 U.S.C. 4104, Planning and Review, 58 FR 51735. and 44 CFR 67.4(a). 44 CFR Part 67 These proposed base flood elevations Executive Order 12612, Federalism [Docket No. FEMA–D–7636] and modified BFEs, together with the This proposed rule involves no floodplain management criteria required policies that have federalism Proposed Flood Elevation by 44 CFR 60.3, are the minimum that Determinations implications under Executive Order are required. They should not be 12612, Federalism, dated October 26, AGENCY: Federal Emergency construed to mean that the community 1987. Management Agency (FEMA), must change any existing ordinances Emergency Preparedness and Response that are more stringent in their Executive Order 12778, Civil Justice Directorate, Department of Homeland floodplain management requirements. Reform Security. The community may at any time enact This proposed rule meets the stricter requirements of its own, or ACTION: Proposed rule. applicable standards of Section 2(b)(2) pursuant to policies established by other of Executive Order 12778. SUMMARY: Technical information or Federal, State or regional entities. These comments are requested on the proposed elevations are used to meet List of Subjects in 44 CFR Part 67 proposed Base (1% annual chance) the floodplain management Administrative practice and Flood Elevations (BFEs) and proposed requirements of the NFIP and are also procedure, Flood insurance, Reporting BFE modifications for the communities used to calculate the appropriate flood and recordkeeping requirements. insurance premium rates for new listed below. The BFEs are the basis for Accordingly, 44 CFR part 67 is buildings built after these elevations are the floodplain management measures proposed to be amended as follows: that the community is required either to made final, and for the contents in these adopt or to show evidence of being buildings. PART 67—[AMENDED] already in effect in order to qualify or National Environmental Policy Act remain qualified for participation in the 1. The authority citation for part 67 National Flood Insurance Program This proposed rule is categorically continues to read as follows: (NFIP). excluded from the requirements of 44 Authority: 42 U.S.C. 4001 et seq.; CFR part 10, Environmental DATES: Reorganization Plan No. 3 of 1978, 3 CFR, The comment period is ninety Consideration. No environmental (90) days following the second 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, impact assessment has been prepared. 3 CFR, 1979 Comp., p. 376. publication of this proposed rule in a newspaper of local circulation in each Regulatory Flexibility Act § 67.4 [Amended] community. The Mitigation Division Director of 2. The tables published under the ADDRESSES: The proposed BFEs for each the Emergency Preparedness and authority of § 67.4 are proposed to be community are available for inspection Response Directorate certifies that this amended as follows: #Depth in feet above ground *Elevation in feet (NGVD) Communities Source of flooding Location •Elevation in feet (NAVD) affected Existing Modified FLORIDA Alachua County Little Hatchet Creek ....... Approximately 0.59 mile upstream of the entrance •86 •85 Alachua County (Unincorporated to Gum Root Swamp. Areas). Approximately 4,400 feet upstream of the en- •94 •89 trance to Gum Root Swamp. Little Monteocha Creek .. At the confluence with Monteocha Creek .............. None •102 Alachua County (Unincorporated Areas). Approximately 100 feet upstream of County Route None 135 340. VerDate Aug<31>2005 15:23 Sep 19, 2005 Jkt 205001 PO 00000 Frm 00038 Fmt 4702 Sfmt 4702 E:\FR\FM\20SEP1.SGM 20SEP1 55074 Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Proposed Rules #Depth in feet above ground *Elevation in feet (NGVD) Communities Source of flooding Location •Elevation in feet (NAVD) affected Existing Modified Monteocha Creek ........... Approximately 1,700 feet upstream of the con- •95 •96 Alachua County (Unincorporated fluence with Sante Fe River. Areas). Approximately 2.48 miles upstream of County None •160 Route 340. Rhoda Branch ................ At the confluence with Sunshine Lake .................. None •91 Alachua County (Unincorporated Areas). Approximately 440 feet upstream of County Route None •136 231. Rocky Creek ................... Approximately 1,220 feet upstream of the Santa •84 •85 Alachua County (Unincorporated Fe River. Areas). Approximately 1.74 miles upstream of County None •174 Route 329. Rocky Creek Tributary ... At the confluence with Rocky Creek ...................... None •114 Alachua County (Unincorporated Areas). Approximately 1.48 miles upstream of the con- None •139 fluence with Rocky Creek. Grass Prairie .................. ................................................................................. None •64 Alachua County (Unincorporated Areas). Ledwith Lake .................. ................................................................................. None •69 Alachua County (Unincorporated Areas). Levy Lake East .............. ................................................................................. None •65 Alachua County (Unincorporated Areas). Lochloosa Lake .............. ................................................................................. None •61 Alachua County (Unincorporated Areas). Mud Pond ....................... ................................................................................. None •71 Alachua County (Unincorporated Areas). Orange Lake .................. ................................................................................. None •61 Alachua County (Unincorporated Areas). Sunshine Lake ............... ................................................................................. None •89 Alachua County (Unincorporated Areas). Unnamed Lake West of Approximately 1,500 feet south of the intersection None •95 Sunshine Lake. of State Highway 235 and State Highway 329. Kanapaha Prairie ........... None •64 Alachua County (Unincorporated Areas). Little Manteocha Creek At the confluence with Little Manteocha Creek ..... None •107 Alachua County (Unincorporated Diversion. Areas). Divergence from Little Manteocha Creek .............. None •122 Little Manteocha Creek At the confluence with Little Manteocha Creek Di- None •108 Alachua County (Unincorporated Diversion Tributary. version. Areas). Approximately 100 feet upstream of County Road None •110 31A. Levy Lake-West ............. ................................................................................. None •65 Alachua County (Unincorporated Areas). Levy Lake-North ............. ................................................................................. None •65 Alachua County (Unincorporated Areas). Kanapaha Sink ............... ................................................................................. None •64 Alachua County (Unincorporated Areas). Unnamed flooding area Connecting channel between Levy Lake-East and None #1 Alachua County (Unincorporated between Levy Lake Ledwith Lake. Areas). and Zedwith Lake. Unnamed Pond West of Approximately 0.96 mile west of Lake Ledwith on None •76 Alachua County (Unincorporated Ledwith Lake. the Marion County boundary. Areas). Unnamed Pond North of Approximately 1,400 feet north of Mud Pond ........ None •67 Alachua County (Unincorporated Mud Pond. Areas). Unnamed Ponding Area Approximately 1,000 feet south of Levy Lake- None •65 Alachua County (Unincorporated No. 1 South Levy Lake West. Areas). West. Unnamed Ponding Area Approximately 2,000 feet south of Levy Lake- None •66 Alachua County (Unincorporated No. 2 South of Levy West. Areas). Lake-West. Hogtown Creek Tributary Approximately 400 feet downstream of Northwest None •155 City of Gainesville. 1. 53rd Avenue. Approximately 300 feet upstream of Northwest None •167 53rd Avenue. Alachua County (Unincorporated Areas) Maps available for inspection at the Alachua County Department of Public Works, 5620 Northwest 120th Lane, Gainesville, Florida. Send comments to Mr. Randall H. Reid, Alachua County Manager, P.O. Box 2877, 12 Southeast 1st Street,