E6-20781. Final Flood Elevation Determinations

AGENCY:

Federal Emergency Management Agency, DHS.

ACTION:

Final rule.

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, [phone].

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 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

Accordingly, 44 CFR part 67 is amended as follows:

PART 67—[AMENDED]

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.

§ 67.11

[Amended]

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

Flooding source(s)	Location of referenced elevation	* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Modified	Communities affected
Bell County, Kentucky and Incorporated Areas
Docket No.: FEMA-B-7454
Cumberland River	Approximately 6,185 feet downstream of the confluence of Greasy Creek	+1,009	Bell County (Unincorporated Areas).
Cumberland River	Approximately 770 feet upstream of the confluence of Burst Branch	+1,099	City of Pineville.
Hances Creek	At the confluence with Cumberland River	+1,021	Bell County (Unincorporated Areas).
	Approximately 5,630 feet upstream of the confluence with Cumberland River	+1,021
Left Fork Straight Creek	At the confluence with Straight Creek	+1,020	Bell County (Unincorporated Areas).
	Approximately 1,915 feet upstream of the confluence of Sims Fork	+1,075
Little Yellow Creek	At the confluence with Yellow Creek	+1,131	City of Middlesboro.
	Approximately 275 feet upstream of the confluence of Davis Branch	+1,141
Straight Creek	At the confluence with Cumberland River	+1,020	Bell County (Unincoporated Areas).
	Approximately 3,725 feet upstream of the confluence of Cox Branch	+1,161
Yellow Creek	At confluence with Cumberland River	+1,034	City of Pineville. Bell County (Uninc. Areas).
	Approximately 375 feet southwest of the intersection of Cumberland Avenue and 34th Street	+1,141	City of Middlesboro.
# 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.

(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.