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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

CFR Citation: 44 CFR Part 67

NOTICE: RULES

DOCUMENT ACTION: Final rule.

SUBJECT CATEGORY: Final Flood Elevation Determinations

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.

DOCUMENT 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).

SUMMARY: Final Flood Elevation Determinations,


SUPPLEMENTAL 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 Assistant Administrator of the Mitigation Directorate 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.
Sec. 67.11 [Amended]
2. The tables published under the authority of Sec. 67.11 are amended as follows:
* Elevation in feet (NGVD) + Elevation in Location of referenced feet (NAVD) Flooding source(s) elevation Communities affected Depth in feet above ground Modified Clarke County, Alabama, and Incorporated Areas Docket No.: FEMAD7826 Alabama River........................... 459 feet upstream of the +35 Unincorporated Areas of intersection of Reedy Clarke County. Creek and Cross Section A. 2,439 feet downstream of +61 intersection of Alabama River and Silver Creek Lake Road.
East Basset Creek....................... The point where East +34 Unincorporated Areas of Basset Creek and County Clarke County. Highway 15 intersect. 10,906 feet upstream of +45 the intersection of East Bassett Creek and County Highway 15.
Tombigbee River......................... 1,332 feet downstream of +35 Unincorporated Areas of the intersection of Clarke County. Tombigbee River and Southern Railway. 3,783 feet downstream of +36 the intersection of Tombigbee River and U.S. Highway 43.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
[[Page 26031]]
ADDRESSES Unincorporated Areas of Clarke County
Maps are available for inspection at 114 Court Street, Grove Hill, AL 36451. Lee County, Kentucky, and Incorporated Areas Docket No.: FEMAB7748 Kentucky RiverNorth Fork Kentucky River Approximately 150 feet +668 Unincorporated Areas of downstream of confluence Lee County. with Mirey Creek. Approximately 1550 feet +671 downstream of confluence with Blaines Branch. * National Geodetic Vertical Datum.
+ North American Vertical Datum.
= North American Vertical Datum.
Depth in feet above ground.
ADDRESSES Unincorporated Areas of Lee County
Maps are available for inspection at Lee County Courthouse, 256 Main Street, Beattyville, KY 41311. Tunica County, Mississippi, and Incorporated Areas Docket No.: FEMAB7724 Buck Island Bayou....................... At Fields Road............ +189 Tunica County (Unincorporated Areas). At Highway 3.............. +189 Jack Lake Bayou......................... At Jack Lake Crossing..... +189 Tunica County (Unincorporated Areas). At Verner Road............ +191 Minton Bayou............................ At confluence with Jack +189 Tunica County Lake Bayou. (Unincorporated Areas). At Fields Road............ +190 White Oak Bayou......................... At Highway 4.............. +181 Tunica County (Unincorporated Areas). At Highway 61............. +186 .......................... White Oak Bayou Tributary............... At Academy Road........... +190 Town of Tunica, Tunica County (Unincorporated Areas). At Fox Island Road........ +192 * National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
ADDRESSES Town of Tunica
Maps are available for inspection at Town Hall, 909 River Road, Tybuca, MS 38676. Tunica County (Unincorporated Areas)
Maps are available for inspection at Office of Planning and Development, 1061 South Court Street, Tunica, MS 38676.
Dyer County, Tennessee, and Incorporated Areas Docket No.: FEMAD7822 Mississippi River....................... Approximately 720 feet +268 Unincorporated Areas of downstream from the Dyer County. confluence of Obion River. County boundary........... +281 * National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
ADDRESSES Unincorporated Areas of Dyer County
Maps are available for inspection at Building Inspector's Office, 1 Veterans Square, Dyersburg, TN 38025.
[[Page 26032]]
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'')

Dated: April 21, 2008.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. E810336 Filed 5708; 8:45 am]
BILLING CODE 911012P

FOR FURTHER INFORMATION CONTACT William R. Blanton, Jr., Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 6463151.

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