Federal Register / Vol. 70, No. 238 / Tuesday, December 13, 2005 / Proposed Rules 73677 DEPARTMENT OF HOMELAND FOR FURTHER INFORMATION CONTACT: certifies that this proposed rule is SECURITY Doug Bellomo, P.E., Hazard exempt from the requirements of the Identification Section, Mitigation Regulatory Flexibility Act because Federal Emergency Management Division, Federal Emergency proposed or modified BFEs are required Agency Management Agency, 500 C Street SW., by the Flood Disaster Protection Act of Washington, DC 20472, (202) 646–2903. 1973, 42 U.S.C. 4104, and are required 44 CFR Part 67 SUPPLEMENTARY INFORMATION: FEMA to establish and maintain community proposes to make determinations of eligibility in the NFIP. No regulatory [Docket No. FEMA–B–7454] BFEs and modified BFEs for each flexibility analysis has been prepared. community listed below, in accordance Regulatory Classification. This Proposed Flood Elevation with section 110 of the Flood Disaster proposed rule is not a significant Determinations Protection Act of 1973, 42 U.S.C. 4104, regulatory action under the criteria of AGENCY: Federal Emergency and 44 CFR 67.4(a). section 3(f) of Executive Order 12866 of Management Agency (FEMA), These proposed BFEs and modified September 30, 1993, Regulatory Department of Homeland Security. BFEs, together with the floodplain Planning and Review, 58 FR 51735. Executive Order 12612, Federalism. ACTION: Proposed rule. management criteria required by 44 CFR 60.3, are the minimum that are required. This proposed rule involves no policies SUMMARY: Technical information or They should not be construed to mean that have federalism implications under comments are requested on the that the community must change any Executive Order 12612, Federalism, proposed Base (1% annual-chance) existing ordinances that are more dated October 26, 1987. Flood Elevations (BFEs) and proposed stringent in their floodplain Executive Order 12778, Civil Justice BFE modifications for the communities management requirements. The Reform. This proposed rule meets the listed below. The BFEs and modified community may at any time enact applicable standards of section 2(b)(2) of BFEs are the basis for the floodplain stricter requirements of its own, or Executive Order 12778. pursuant to policies established by other management measures that the List of Subjects in 44 CFR Part 67 community is required either to adopt Federal, State, or regional entities. or to show evidence of being already in These proposed elevations are used to Administrative practice and effect in order to qualify or remain meet the floodplain management procedure, Flood insurance, Reporting qualified for participation in the requirements of the NFIP and are also and recordkeeping requirements. National Flood Insurance Program used to calculate the appropriate flood Accordingly, 44 CFR Part 67 is (NFIP). insurance premium rates for new proposed to be amended as follows: buildings built after these elevations are DATES: The comment period is ninety made final, and for the contents in these PART 67—[AMENDED] (90) days following the second buildings. 1. The authority citation for Part 67 publication of this proposed rule in a National Environmental Policy Act. continues to read as follows: newspaper of local circulation in each This proposed rule is categorically community. excluded from the requirements of 44 Authority: 42 U.S.C. 4001 et seq.; ADDRESSES: The proposed BFEs for each CFR part 10, Environmental Reorganization Plan No. 3 of 1978, 3 CFR, community are available for inspection Consideration. No environmental 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, at the office of the Chief Executive impact assessment has been prepared. 3 CFR, 1979 Comp., p. 376, § 67.4 Officer of each community. The Regulatory Flexibility Act. The 2. The tables published under the respective addresses are listed in the Mitigation Division Director of the authority of § 67.4 are proposed to be table below. Federal Emergency Management Agency amended as follows: *Elevation in feet (NGVD) State City/town/county Source of flooding Location +Elevation in feet (NAVD) Existing Modified Arizona .................. Pinal County (Unin- McClellan Wash ................ Approximately 0.61 mile west of Battagila None +1,566 corporated Drive. Areas):. Approximately 6.8 miles upstream of con- None +1,824 fluence with McClellan Wash Split. Eloy, City of ........... Santa Cruz Wash ............. Approximately 0.72 mile west of None +1,382 Ethington Road. Approximately 1,000 feet south of Shedd None +1,440 Road. Eloy, City of ........... Santa Rosa Canal ............ Approximately 400 feet west of Henness None +1,481 Road. Approximately 222 feet east of Toltec None +1,528 Highway. Casa Grande, City North Branch Santa Cruz Approximately 0.86 mile west of Wash None +1,363 of. Wash. Thornton Road. Approximately 1.85 miles east of Peart None +1,409 Road. Casa Grande, City Arizola Drain..................... Approximately 0.64 mile west of Cox None +1,407 of. Road. Approximately 5.02 miles above con- None +1,453 fluence with North Branch Santa Cruz Wash. VerDate Aug<31>2005 01:11 Dec 13, 2005 Jkt 208001 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 E:\FR\FM\13DEP1.SGM 13DEP1 73678 Federal Register / Vol. 70, No. 238 / Tuesday, December 13, 2005 / Proposed Rules *Elevation in feet (NGVD) State City/town/county Source of flooding Location +Elevation in feet (NAVD) Existing Modified +North American Vertical Datum 1988 ADDRESSES: Pinal County (Unincorporated Areas): Maps are available for inspection at: 140 N. Florence Street, Florence, AZ 85232. Send comments to: The Honorable Sandie Smith, Pinal County, Chairperson of the Board of Supervisors, P.O. Box 827, Florence, AZ 85232. City of Casa Grande: Maps are available for inspection at: The City Hall, 510 E. Florence Blvd., Casa Grande, AZ 85222. Send comments to: The Honorable Chuck Walton, 510 E. Florence Blvd., Casa Grande, AZ 85222. City of Eloy: Maps are available for inspection at: City Hall, 628 N. Main St., Eloy, AZ 85231 or the City Library, 100 E. 7th St., Eloy, AZ 85231. Send comments to: The Honorable Byron Jackson, 628 North Main St. Eloy, AZ 85231. Colorado ................ Town of Silt, Gar- Colorado River ................. Approximately 1100 feet upstream I–70 .. None *5,404 field County. Just downstream of County Road 311 ..... None *5,428 *National Geodetic Vertical Datum 1929 ADDRESSES: Town of Silt: Maps are available for inspection at the Town Hall, 231 North 7th Street, Silt, CO 81652. Send comments to The Honorable John Evan, Mayor, Town of Silt, and P.O. Box 70, Silt, CO 81652. Kentucky ................ Bell County (Uninc. Cumberland River ............ Approximately 6,185 feet downstream of *1,011 +1,009 Areas) City of the confluence of Greasy Creek. Pineville. Approximately 770 feet upstream of the *1,102 +1,099 confluence of Burst Branch. Bell County (Uninc. Hances Creek ................... At the confluence with Cumberland River *1,043 +1,021 Areas). Approximately 5,630 feet upstream of the *1,043 +1,021 confluence with Cumberland River. Bell County (Uninc. Left Fork Straight Creek ... At the confluence with Straight Creek ...... *1,021 +1,020 Areas). Approximately 1,915 feet upstream of the *1,076 +1,075 confluence of Sims Fork. City of Middlesboro Little Yellow Creek ........... At the confluence with Yellow Creek ........ *1,132 +1,131 Approximately 275 feet upstream of the None +1,141 confluence of Davis Branch. Bell County (Uninc. Straight Creek .................. At the confluence with Cumberland River *1,022 +1,020 Areas) City of Pineville. Approximately 3,725 feet upstream of the None +1,161 confluence of Cox Branch. Bell County (Uninc. Yellow Creek .................... At confluence with Cumberland River ...... *1,038 +1,034 Areas) City of Middlesboro. Approximately 375 feet southwest of the *1,137 +1,141 intersection of Cumberland Avenue and 34th Street. *National Geodetic Vertical Datum 1929 +North American Vertical Datum 1988 ADDRESSES: Bell County (Unincorporated Areas): Maps are available for inspection at Community Map Repository, 1 Courthouse Square, Pineville, Ken- tucky 40977. Send comments to Honorable William Kelley, County Judge-Executive, P.O. Box 339 Pineville, Kentucky 40977. City of Middlesboro: Maps are available for inspection at Community Map Repository, 21 & Loft Avenue, Middlesboro, Kentucky 40965. Send comments to Honorable Hickman, Mayor, City of Middlesboro, Post Office Box 756, Middlesboro, Kentucky 40965. City of Pineville: Maps are available for inspection at Community Map Repository, 300 Virginia Avenue, Pineville, Kentucky 40977. Send comments to Honorable Bruce Hendrickson, Mayor, City of Pineville, P.O. Box 688, Pineville, Kentucky 40977. Kentucky ................ Knox County Cumberland River ............ Approximately 6,410 feet southwest of None +966 (Uninc. Areas). the intersection of Goodin Creek Road and Kentucky State Highway 11. Approximately 4,495 feet upstream of the None +1,014 confluence of Elys Branch. +North American Vertical Datum 1988 VerDate Aug<31>2005 01:11 Dec 13, 2005 Jkt 208001 PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 E:\FR\FM\13DEP1.SGM 13DEP1 Federal Register / Vol. 70, No. 238 / Tuesday, December 13, 2005 / Proposed Rules 73679 *Elevation in feet (NGVD) State City/town/county Source of flooding Location +Elevation in feet (NAVD) Existing Modified ADDRESSES: Knox County (Unincorporated Areas): Maps are available for inspection at Community Map Repository, County Courthouse, 104 Court Square, Barbourville, KY 40906.