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Federal Register / Vol. 70, No.

62 / Friday, April 1, 2005 / Proposed Rules 16789

(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: March 25, 2005. at the office of the Chief Executive rule is exempt from the requirements of
David I. Maurstad, Officer of each community. The the Regulatory Flexibility Act because
Acting Director, Mitigation Division, respective addresses are listed in the proposed or modified BFEs are required
Emergency Preparedness and Response table below. by the Flood Disaster Protection Act of
Directorate. FOR FURTHER INFORMATION CONTACT: 1973, 42 U.S.C. 4104, and are required
[FR Doc. 05–6433 Filed 3–31–05; 8:45 am] Doug Bellomo, P.E., Hazard to establish and maintain community
BILLING CODE 9110–12–P Identification Section, Emergency eligibility in the NFIP. As a result, a
Preparedness and Response Directorate, regulatory flexibility analysis has not
FEMA, 500 C Street, SW., Washington, been prepared.
DEPARTMENT OF HOMELAND DC 20472, (202) 646–2903. Regulatory Classification. This
SECURITY SUPPLEMENTARY INFORMATION: FEMA proposed rule is not a significant
proposes to make determinations of regulatory action under the criteria of
Federal Emergency Management BFEs and modified BFEs for each section 3(f) of Executive Order 12866 of
Agency community listed below, in accordance September 30, 1993, Regulatory
with section 110 of the Flood Disaster Planning and Review, 58 FR 51735.
44 CFR Part 67 Protection Act of 1973, 42 U.S.C. 4104, Executive Order 12612, Federalism.
[Docket No. FEMA–D–7614] and 44 CFR 67.4(a). This proposed rule involves no policies
These proposed base flood and
that have federalism implications under
Proposed Flood Elevation modified BFEs, together with the
Executive Order 12612, Federalism,
Determinations floodplain management criteria required
dated October 26, 1987.
by 44 CFR 60.3, are the minimum that
AGENCY: Federal Emergency are required. They should not be Executive Order 12778, Civil Justice
Management Agency (FEMA), construed to mean that the community Reform. This proposed rule meets the
Emergency Preparedness and Response must change any existing ordinances applicable standards of section 2(b)(2) of
Directorate, Department of Homeland that are more stringent in their Executive Order 12778.
Security. floodplain management requirements. List of Subjects in 44 CFR Part 67
ACTION: Proposed rule. The community may at any time enact
stricter requirements of its own, or Administrative practice and
SUMMARY: Technical information or
pursuant to policies established by other procedure, Flood insurance, Reporting
comments are requested on the
Federal, state or regional entities. These and recordkeeping requirements.
proposed Base (1% annual chance)
proposed elevations are used to meet Accordingly, 44 CFR part 67 is
Flood Elevations (BFEs) and proposed
the floodplain management proposed to be amended as follows:
BFE modifications for the communities
requirements of the NFIP and are also
listed below. The BFEs are the basis for
used to calculate the appropriate flood PART 67—[AMENDED]
the floodplain management measures
insurance premium rates for new
that the community is required either to 1. The authority citation for part 67
buildings built after these elevations are
adopt or to show evidence of being continues to read as follows:
made final, and for the contents in these
already in effect in order to qualify or
buildings. Authority: 42 U.S.C. 4001 et seq.;
remain qualified for participation in the National Environmental Policy Act. Reorganization Plan No. 3 of 1978, 3 CFR,
National Flood Insurance Program 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)
State City/town/county Source of flooding Location • Elevation in feet
(NAVD)

Existing Modified

Tennessee .............. McNairy County Crooked Creek ................. At a point approximately 0.9 mile down- None ........ *445
(Unincorporated stream of High School Road.
Areas).
At a point approximately 0.6 mile up- None ........ *460
stream of High School Road.

Maps available for inspection at the McNairy County Courthouse, 170 West Court Avenue, Room 201, Selmer, Tennessee.
Send comments to The Honorable Mike Smith, McNairy County Mayor, McNairy County Courthouse, 170 West Court Avenue, Room 201,
Selmer, Tennessee 38375.

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16790 Federal Register / Vol. 70, No. 62 / Friday, April 1, 2005 / Proposed Rules

(Catalog of Federal Domestic Assistance No. Dated: March 25, 2005.


83.100, ‘‘Flood Insurance’’) David I. Maurstad,
Acting Director, Mitigation Division,
Emergency Preparedness and Response
Directorate.
[FR Doc. 05–6432 Filed 3–31–05; 8:45 am]
BILLING CODE 9110–12–P

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