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Federal Register / Vol. 70, No.

135 / Friday, July 15, 2005 / Proposed Rules 40953

♦Elevation in feet
(NAVD)
Source of flooding and location of referenced elevation Communities affected
Existing Modified

Approximately 1.87 miles downstream of State High- None ♦1,097 City of Tecumseh Johnson County (Unincorporated
way 50. Areas).
Just downstream of the Burlington Northern Railroad None ♦1,123
(2nd Crossing).
North Fork Big Nemaha River (Southwest Split Flow):
At the confluence with North Fork Big Nemaha River .. None ♦1,114 City of Tecumseh Johnson County (Unincorporated
Areas).
Approximately 4,520 feet upstream of U.S. Highway None ♦1,123
136.
Town Branch:
At confluence with North Fork Big Nemaha River. ........ ♦1,113 ♦1,111 City of Tecumseh Johnson County (Unincorporated
Areas).
Approximately 3,150 feet upstream of U.S. Highway None ♦1,144
136..

ADDRESSES
City of Tecumseh, Johnson County, Nebraska.
Maps are available for inspection at City Hall, 122 South 4th Street, Tecumseh, Nebraska.
Send comments to The Honorable Jim Reed, Mayor, City of Tecumseh, Route 3, Box 29. Tecumseh, Nebraska 68450.
Unincorporated Areas of Johnson County, Nebraska.
Maps are available for inspection at Johnson County Clerk’s Office, 351 Broadway Street, Tecumseh, Nebraska.
Send comments to The Honorable Terry Keebler, Chairman, Board of Commissioners, 73222 607th Avenue, Sterling, Nebraska 68443.

(Catalog of Federal Domestic Assistance National Flood Insurance Program stringent in their floodplain
No. 83.100, ‘‘Flood Insurance.’’) (NFIP). management requirements. The
DATES: The comment period is ninety community may at any time enact
Dated: July 6, 2005. stricter requirements of its own, or
David I. Maurstad,
(90) days following the second
publication of this proposed rule in a pursuant to policies established by other
Acting Director, Mitigation Division, Federal, State, or regional entities.
Emergency Preparedness and Response
newspaper of local circulation in each
community. These proposed elevations are used to
Directorate. meet the floodplain management
[FR Doc. 05–13928 Filed 7–14–05; 8:45 am] ADDRESSES: The proposed BFEs for each requirements of the NFIP and are also
BILLING CODE 9110–12–P community are available for inspection used to calculate the appropriate flood
at the office of the Chief Executive insurance premium rates for new
Officer of each community. The buildings built after these elevations are
DEPARTMENT OF HOMELAND respective addresses are listed in the made final, and for the contents in these
SECURITY table below. buildings.
FOR FURTHER INFORMATION CONTACT: National Environmental Policy Act.
Federal Emergency Management Doug Bellomo, P.E., Hazard This proposed rule is categorically
Agency Identification Section, Emergency excluded from the requirements of 44
Preparedness and Response Directorate, CFR part 10, Environmental
44 CFR Part 67 Federal Emergency Management Consideration. No environmental
[Docket No. FEMA–P–7695] Agency, 500 C Street, SW., Washington, impact assessment has been prepared.
DC 20472, (202) 646–2903. Regulatory Flexibility Act. The
Proposed Flood Elevation SUPPLEMENTARY INFORMATION: The Mitigation Division Director of the
Determinations Federal Emergency Management Agency Emergency Preparedness and Response
AGENCY: Federal Emergency makes the final determinations listed Directorate certifies that this rule is
Management Agency, Emergency below for the modified BFEs for each exempt from the requirements of the
Preparedness and Response Directorate, community listed. These modified Regulatory Flexibility Act because
Department of Homeland Security. elevations have been published in modified base flood elevations are
ACTION: Proposed rule. newspapers of local circulation and required by the Flood Disaster
ninety (90) days have elapsed since that Protection Act of 1973, 42 U.S.C. 4105,
SUMMARY: Technical information or publication. The Mitigation Division and are required to maintain community
comments are requested on the Director of the Emergency Preparedness eligibility in the NFIP. No regulatory
proposed Base (1% annual-chance) and Response Directorate has resolved flexibility analysis has been prepared.
Flood Elevations (BFEs) and proposed any appeals resulting from this Regulatory Classification. This
BFE modifications for the communities notification. proposed rule is not a significant
listed below. The BFEs and modified These proposed BFEs and modified regulatory action under the criteria of
BFEs are the basis for the floodplain BFEs, together with the floodplain Section 3(f) of Executive Order 12866 of
management measures that the management criteria required by 44 CFR September 30, 1993, Regulatory
community is required either to adopt 60.3, are the minimum that are required. Planning and Review, 58 FR 51735.
or to show evidence of being already in They should not be construed to mean Executive Order 12612, Federalism.
effect in order to qualify or remain that the community must change any This proposed rule involves no policies
qualified for participation in the existing ordinances that are more that have federalism implications under

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40954 Federal Register / Vol. 70, No. 135 / Friday, July 15, 2005 / Proposed Rules

Executive Order 12612, Federalism, Accordingly, 44 CFR part 67 is § 67.4 [Amended]


dated October 26, 1987. proposed to be amended as follows: 2. The tables published under the
Executive Order 12778, Civil Justice
PART 67—[AMENDED] authority of § 67.4 are proposed to be
Reform. This proposed rule meets the
applicable standards of Section 2(b)(2) amended as follows:
of Executive Order 12778. 1. The authority citation for part 67
continues to read as follows:
List of Subjects in 44 CFR Part 67
Authority: 42 U.S.C. 4001 et seq.;
Administrative practice and Reorganization Plan No. 3 of 1978, 3 CFR,
procedure, Flood insurance, Reporting 1978 Comp., p. 329; E.O. 12127, 44 FR 19367,
and recordkeeping requirements. 3 CFR, 1979 Comp., p. 376.

♦Elevation in feet
(NAVD)
Source of flooding and location of referenced elevation Communities affected
Existing Modified

Little Wahoo Creek:


Approximately 130 feet upstream of the confluence ♦799 ♦800 Coweta County (Unincorporated Areas).
with Wahoo Creek.
Approximately 1,100 feet upstream of the confluence ♦799 ♦800
with Wahoo Creek.
Snake Creek:
Approximately 170 feet upstream of the confluence ♦795 ♦796 Coweta County (Unincorporated Areas).
with Wahoo Creek.
Approximately 4,200 feet upstream of the confluence ♦800 ♦801
with Wahoo Creek.
Tributary 1 to Simmon Creek:
At confluence with Simmon Creek ................................. ♦867 ♦866 Coweta County (Unincorporated Areas).
Approximately 120 feet upstream of the confluence ♦867 ♦866
with Simmon Creek.
Tributary 1 to Snake Creek:
At the confluence with Snake Creek ............................. ♦874 ♦873 City of Newnan.
Approximately 40 feet upstream of the confluence with ♦874 ♦873
Snake Creek.
Tributary 2 to Mineral Spring Branch:
At the confluence with Mineral Spring Branch .............. ♦831 ♦830 Coweta County (Unincorporated Areas).
Approximately 780 feet upstream of Fourth Street ....... ♦831 ♦830
Tributary 2 to Sandy Creek:
At confluence with Tributary 3 to Sandy Creek ............. ♦792 ♦793 Coweta County (Unincorporated Areas).
Approximately 30 feet upstream of the confluence with ♦792 ♦793
Tributary 3 to Sandy Creek.
Tributary 2 to Shoal Creek:
Approximately 500 feet upstream of the confluence ♦838 ♦839 Coweta County (Unincorporated Areas).
with Shoal Creek.
Approximately 1,720 feet upstream of the confluence ♦838 ♦839
with Shoal Creek.
Tributary 3 to Shoal Creek:
Approximately 140 feet upstream of the confluence ♦853 ♦854 Coweta County (Unincorporated Areas).
with Shoal Creek.
Approximately 500 feet upstream of the confluence ♦853 ♦854
with Shoal Creek.
Tributary 3 to Wahoo Creek:
Approximately 110 feet upstream of the confluence ♦867 ♦868 City of Newnan.
with Tributary 2 to Wahoo Creek.
Just downstream of Bullsboro Drive/State Highway 34 ♦868 ♦869
Tributary 4 to Wahoo Creek:
Approximately 100 feet upstream of the confluence ♦872 ♦873 City of Newnan.
with Tributary 3 to Wahoo Creek.
Approximately 650 feet upstream of the confluence ♦872 ♦873
with Tributary 3 to Wahoo Creek.
Tributary 6 to Wahoo Creek:
At confluence with Tributary 2 to Wahoo Creek ............ ♦880 ♦881 City of Newnan.
Approximately 160 feet upstream of the confluence ♦880 ♦881
with Tributary 2 to Wahoo Creek.
Tributary 9 to Wahoo Creek:
At confluence with Wahoo Creek .................................. ♦874 ♦875 City of Newnan.
Approximately 600 feet upstream of the confluence ♦874 ♦875
with Wahoo Creek.
Tributary 10 to Wahoo Creek:
Approximately 220 feet upstream of the confluence ♦881 ♦882 City of Newnan.
with Wahoo Creek.
Approximately 420 feet upstream of the confluence ♦881 ♦882
with Wahoo Creek.
Tributary 12 to Wahoo Creek:
At the confluence with Wahoo Creek ............................ ♦893 ♦891 City of Newnan.

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Federal Register / Vol. 70, No. 135 / Friday, July 15, 2005 / Proposed Rules 40955

♦Elevation in feet
(NAVD)
Source of flooding and location of referenced elevation Communities affected
Existing Modified

Approximately 270 feet upstream of the confluence ♦895 ♦896


with Wahoo Creek.

ADDRESSES:

Unincorporated Areas of Coweta County, Georgia


Maps are available for inspection at the Community Map Repository, 22 East Broad Street, Newnan, Georgia.
Send comments to The Honorable Larry DeMoss, Chairman, Coweta County Commissioners, 22 East Broad Street, Newnan, Georgia 30263.
City of Newnan, Coweta County, Georgia
Maps are available for inspection at the Community Map Repository, 25 LaGrange Street, Newnan, Georgia.
Send comments to The Honorable L. Keith Brady, Mayor, City of Newnan, 25 La Grange Street, Newnan, Georgia 30263.

(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: July 7, 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. 4104, and are required to
Directorate. Identification Section, Emergency establish and maintain community
[FR Doc. 05–13927 Filed 7–14–05; 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
SECURITY This proposed rule is not a significant
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–7624] 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
ACTION: Proposed rule.
stricter requirements of its own, or 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.
listed below. The BFEs are the basis for insurance premium rates for new
Accordingly, 44 CFR Part 67 is
the floodplain management measures buildings built after these elevations are
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 Reorganization Plan No. 3 of 1978, 3 CFR,
DATES: 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:

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