Browse: Departments   Dates   Agencies  

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

CFR Citation: 44 CFR Part 67

Docket ID: [Docket No. FEMA-D-7590]

NOTICE: PROPOSED RULES

ACTION: Flood elevation determinations:

DOCUMENT ACTION: Proposed rule.

SUBJECT CATEGORY: Proposed Flood Elevation Determinations

DATES: The comment period is ninety (90) days following the second publication of this proposed rule in a newspaper of local circulation in each community.

DOCUMENT SUMMARY: Technical information or comments are requested on the proposed Base (1% annual chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed below. The BFEs are the basis for the floodplain management measures that the 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).

SUMMARY: Kentucky,

SUPPLEMENTAL INFORMATION

FEMA proposes to make determinations of BFEs and modified BFEs for each community listed below, in accordance with Section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR 67.4(a).

These proposed base flood and modified BFEs, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own, or pursuant to policies established by other Federal, state or regional entities. These proposed elevations are used to meet the floodplain management requirements of the NFIP and are also used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in these buildings.

National Environmental Policy Act. This proposed rule is categorically excluded from the requirements of 44 CFR Part 10, Environmental Consideration. No environmental impact assessment has been prepared.

Regulatory Flexibility Act. The Mitigation Division Director of the Emergency Preparedness and Response Directorate certifies that this proposed rule is exempt from the requirements of the Regulatory Flexibility Act because proposed or modified BFEs are required by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are required to establish and maintain community eligibility in the NFIP. As a result, a regulatory flexibility analysis has not been prepared.

Regulatory Classification. This proposed 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 12612, Federalism. This proposed rule involves no policies that have federalism implications under Executive Order 12612, Federalism, dated October 26, 1987.

Executive Order 12778, Civil Justice Reform. This proposed rule meets the applicable standards of Section 2(b)(2) of Executive Order 12778.

List of Subjects in 44 CFR Part 67

Administrative practice and procedure, flood insurance, reporting and recordkeeping requirements.

Accordingly, 44 CFR Part 67 is proposed to be 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.

Sec. 67.4 [Amended]

2. The tables published under the authority of Sec. 67.4 are proposed to be amended as follows:
Depth in feet above ground. *Elevation in feet (NGVD) Source of flooding Location Communities affected Elevation in feet (NAVD) Existing Modified KENTUCKY Boyd County Ohio River.......................... Approximately 0.8 mile *547 *546 City of Ashland, City upstream of the of Catlettsburg, Body downstream county County (Unincorporated boundary. Areas) At upstream county *550 *549 ....................... boundary.
Keys Creek.......................... From the confluence *550 *549 City of Ashland, Boyd with Ohio River. County (Unincorporated Areas) Just upstream of *550 *549 ....................... Catlett Creek Road.
[[Page 21993]]
City of Ashland
Maps available for inspection at the Ashland Department of Planning and Community Development, 1700 Greenup Avenue, Room 208, Ashland, Kentucky.
Send comments to The Honorable Stephen E. Gilmore, Mayor of the City of Ashland, P.O. Box 1839, Ashland, Kentucky 411051839.
City of Catlettsburg
Maps available for inspection at the Catlettsburg City Hall, 216 26th Street, Catlettsburg, Kentucky. Send comments to The Honorable Roger M. Hensley, Mayor of the City of Catlettsburg, P.O. Box 533, Catlettsburg, Kentucky 41129.
Boyd County (Unincorporated Areas)
Maps available for inspection at the Boyd County Courthouse, 2800 Louisa Street, Catlettsburg, Kentucky. Send comments to The Honorable Bill F. Scott, Boyd County Judge Executive, Boyd County Courthouse, P.O. Box 423, Catlettsburg, Kentucky 41129.
KENTUCKY Bracken County Ohio River.......................... At the downstream None *506 City of Augusta, County boundary. Bracken County Approximately 125 feet None *512 (Unincorporated Areas) upstream of the
upstream County
boundary.
Bracken Creek....................... At the confluence with None *510 Bracken County the Ohio River. (Unincorporated Areas) Approximately 1,100 None *510 ....................... feet upstream of State Route 8.
City of Augusta
Maps available for inspection at the Augusta City Office, 219 Main Street, Augusta, Kentucky. Send comments to The Honorable John Laycock, Mayor of the City of Augusta, P.O. Box 85, Augusta, Kentucky 41002.
Bracken County (Unincorporated Areas)
Maps available for inspection at the Bracken County Courthouse, 116 West Miami, Brooksville, Kentucky. Send comments to The Honorable Leslie Newman, Bracken County Judge Executive, P.O. Box 264, Brooksville, Kentucky 41004.
KENTUCKY Campbell County Ohio River.......................... Approximately 4.1 miles None *501 Cities of California, upstream of Louisville Fort Thomas, and Nashville Railroad Melbourne, Mentor and Bridge. Silver Grove, and Campbell County (Unincorporated Areas) At upstream County *507 *506 ....................... boundary.
Mook Road Tributary................. Approximately 100 feet None *502 City of Southgate upstream of Bentwood Hills Drive.
Approximately 2,050 None *521 ....................... feet upstream of
Bentwood Hills Drive. Four Mile Creek..................... Approximately 900 feet *502 *503 City of Melbourne upstream of the
confluence of Owl
Creek.
Approximately 0.6 mile *502 *503 ....................... upstream of the
confluence of Owl
Creek.
Woodlawn Creek...................... Approximately 325 feet None *517 City of Woodlawn downstream of the
confluence of Woodlawn Creek Tributary 2.
Approximately 450 feet None *518 ....................... upstream of Wilson
Road.
Woodlawn Creek Tributary 2.......... Approximately 225 feet None *517 City of Woodlawn upstream of the
confluence with
Woodlawn Creek.
Approximately 340 feet None *517 ....................... downstream of Grand
Avenue.
[[Page 21994]]
City of California
Maps available for inspection at the California City Clerk's Office, 45 Madison Street, California, Kentucky. Send comments to The Honorable Frank Smith, Mayor of the City of California, P.O. Box 25, California, Kentucky 41007.
Campbell County (Unincorporated Areas)
Maps available for inspection at the Campbell County Fiscal Court, Planning and Zoning Department, 24 West Fourth Street, Newport, Kentucky.
Send comments to The Honorable Steve Pendry, Campbell County Judge/Executive, 24 West Fourth Street, Newport, Kentucky 41071.
City of Fort Thomas
Maps available for inspection at the Fort Thomas City Office, 130 North Fort Thomas Avenue, Fort Thomas, Kentucky.
Send comments to The Honorable Mary Brown, Mayor of the City of Fort Thomas, 130 North Fort Thomas Avenue, Fort Thomas, Kentucky 41075.
City of Melbourne
Maps available for inspection at the Melbourne City Hall, 502 Garfield Avenue, Melbourne, Kentucky. Send comments to The Honorable Helen Lutz, Mayor of the City of Melbourne, P.O. Box 63, Melbourne, Kentucky 41059.
City of Mentor
Maps available for inspection at the Campbell County Fiscal Court, Planning and Zoning Department, 24 West Fourth Street, Newport, Kentucky.
Send comments to The Honorable Dave Gearding, Mayor of the City of Mentor, Box 4870, California, Kentucky 41007.
City of Silver Grove
Maps available for inspection at the Silver Grove City Hall, 308 Oak Street, Silver Grove, Kentucky. Send comments to The Honorable Carl J. Schwarber, Mayor of the City of Silver Grove, P.O. Box 417, Silver Grove, Kentucky 41085.
City of Southgate
Maps available for inspection at the Southgate City Hall, 122 Electric Avenue, Southgate, Kentucky. Send comments to The Honorable Charles Melville, Mayor of the City of Southgate, 122 Electric Avenue, Southgate, Kentucky 41071.
City of Woodlawn
Maps available for inspection at the Campbell County Fiscal Court, Planning and Zoning Department, 24 West Fourth Street, Newport, Kentucky.
Send comments to The Honorable Ron Barth, Mayor of the City of Woodlawn, 1110 Waterworks Avenue, Woodlawn, Kentucky 41071.
KENTUCKY Greenup County Ohio River.......................... Approximately 1.2 miles *535 *536 Cities of Greenup, upstream of downstream Russell, Worthington, County boundary. Wurtland, and Greenup County (Unincorporated Areas) At upstream County *547 *546 ....................... boundary.
Lower White Oak Creek............... At the confluence with *536 *537 Greenup County Tygarts Creek. (Unincorporated Areas) Approximately 1,660 *536 *537 ....................... feet upstream of State Highway 1134.
White Oak Creek..................... Approximately 325 feet *547 *546 Cities of Bellefonte downstream of U.S. and Russell Highway 23.
Approximately 330 feet *547 *546 ....................... downstream of State
Route 693.
Tygarts Creek....................... Entire length within *536 *537 Greenup County community. (Unincorporated Areas) [[Page 21995]]
City of Bellefonte
Maps available for inspection at the Bellefonte City Hall, 705 Bellefonte Princess Road, Ashland, Kentucky. Send comments to The Honorable Tom Bradley, Mayor of the City of Bellefonte, 705 Bellefonte Princess Road, Ashland, Kentucky 411012183.
Greenup County (Unincorporated Areas)
Maps available for inspection at the Greenup County Courthouse, Room 102, Greenup, Kentucky. Send comments to The Honorable Bobby W. Carpenter, Greenup County Judge Executive, Greenup County Courthouse, Room 102 Box 2, Greenup, Kentucky 41144.
City of Greenup
Maps available for inspection at the Greenup City Hall, 1005 Walnut Street, Greenup, Kentucky. Send comments to The Honorable Charles Veach, Mayor of the City of Greenup, 1005 Walnut Street, Greenup, Kentucky 41144.
City of Russell
Maps available for inspection at the Russell City Hall, 410 Ferry Street, Russell, Kentucky. Send comments to The Honorable Donald G. Fraley, Mayor of the City of Russell, P.O. Box 394, Russell, Kentucky 41169.
City of Worthington
Maps available for inspection at the Worthington City Hall, 512 Ferry Street, Worthington, Kentucky. Send comments to The Honorable Jerry Epling, Mayor of the City of Worthington, P.O. Box 366, Worthington, Kentucky 41183.
City of Wurtland
Maps available for inspection at the Wurtland City Hall, 500 Wurtland Avenue, Wurtland, Kentucky. Send comments to The Honorable Donna K. Hayes, Mayor of the City of Wurtland, 500 Wurtland Avenue, Wurtland, Kentucky 41144.
KENTUCKY Lewis County Ohio River.......................... Approximately 0.5 mile *518 *519 Town of Concord, City upstream of the County of Vanceburg, Lewis boundary. County (Unincorporated Areas) Approximately 4.7 miles *533 *534 ....................... downstream of the
County boundary.
Kinniconick Creek................... Approximately .07 mile None *533 Lewis County downstream of McDowell (Unincorporated Areas) Creek Road.
Approximately 8 miles None *678 ....................... upstream of State
Route 59.
Town of Concord
Maps available for inspection at the Concord Town Hall, Route 2, Vanceburg, Kentucky. Send comments to The Honorable Lovell Polley, Mayor of the Town of Concord, Route 2, Box 510, Vanceburg, Kentucky 41179.
Lewis County (Unincorporated Areas)
Maps available for inspection at the Lewis County Courthouse, 514 Second Street, Vanceburg, Kentucky. Send comments to The Honorable Steve Applegate, Lewis County Judge Executive, Lewis County Courthouse, 514 Second Street, Room 201, Vanceburg, Kentucky 41179.
City of Vanceburg
Maps available for inspection at the Vanceburg City Hall, 615 2nd Street, Vanceburg, Kentucky. Send comments to The Honorable William T. Cooper, Mayor of the City of Vanceburg, 615 2nd Street, Vanceburg, Kentucky 41179.
KENTUCKY Magoffin County Licking River....................... Approximately 0.5 mile *849 *848 City of Salyersville, downstream of State Magoffin County Route 30. (Unincorporated Areas) Approximately 0.2 mile *861 *860 ....................... downstream of Combs
Mountain Parkway.
Burning Fork........................ At the confluence with *857 *853 City of Salyersville, Licking River. Magoffin County (Unincorporated Areas) Approximately 0.1 mile *864 *863 ....................... upstream of Lick
Branch Road.
State Road Fork..................... At the confluence with *856 *853 City of Salyersville, Licking River. Magoffin County (Unincorporated Areas) Approximately 1.7 miles *885 *886 ....................... upstream of State
Route 2020.
Route 7 CutThru.................... At the confluence with *852 *850 City of Salyersville, Licking River. Magoffin County (Unincorporated Areas) At the divergence from *858 *857 ....................... Licking River.
Route 30 CutThru................... At the upstream side of None *848 Magoffin County State Route 30. (Unincorporated Areas) At the divergence from *851 *849 ....................... Licking River.
Mash Fork........................... Approximately 0.36 mile *861 *860 Magoffin County upstream of the (Unincorporated Areas) confluence with State Road Fork.
[[Page 21996]]
Approximately 0.56 mile *865 *864 ....................... upstream of the
confluence with State Road Fork.
Magoffin County (Unincorporated Areas)
Maps available for inspection at Magoffin County Courthouse, Judge's Office, 457 Parkway Drive, Salyersville, Kentucky.
Send comments to The Honorable Bill W. May, Magoffin County Judge Executive, Magoffin County Courthouse, P.O. Box 430, Salyersville, Kentucky 41465.
City of Salyersville
Maps available for inspection at the Salyersville City Hall, 315 East Maple Street, Salyersville, Kentucky. Send comments to The Honorable Stanley Howard, Mayor of the City of Salyersville, P.O. Box 640, Salyersville, Kentucky 41465.
KENTUCKY Mason County Ohio River.......................... Approximately 0.28 mile None *512 City of Dover, City of downstream of the Maysville, Mason downstream county County (Unincorporated boundary. Areas) Approximately 0.04 mile None *518 ....................... upstream of the
upstream county
boundary.
City of Dover
Maps available for inspection at the Dover City Hall, 2060 Lucretia Street, Dover, Kentucky. Send comments to The Honorable Eddie Sidell, Mayor of the City of Dover, P.O. Box 149, Dover, Kentucky 41034. Mason County (Unincorporated Areas)
Maps available for inspection at the Mason County Judge/Executive's Office, 219 Court Street, Maysville, Kentucky.
Send comments to The Honorable James L. Gallenstein, Mason County Judge Executive, 221 Stanley Reed Court Street, Maysville, Kentucky 41056.
City of Maysville
Maps available for inspection at the Maysville City Hall, 216 Bridge Street, Maysville, Kentucky. Send comments to The Honorable David Cartmell, Mayor of the City of Maysville, 216 Bridge Street, Maysville, Kentucky 41056.
(Catalog of Federal Domestic Assistance No. 83.100, ``Flood Insurance.'')

Dated: April 19, 2004.
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response Directorate.
[FR Doc. 049218 Filed 42204; 8:45 am]
BILLING CODE 911012P

FOR FURTHER INFORMATION CONTACT Doug Bellomo, P.E., Hazard Identification Section, Emergency Preparedness and Response Directorate, FEMA, 500 C Street, SW., Washington, DC 20472, (202) 646 2903.