Flood elevation determinations: Various States,

[Federal Register: March 9, 2004 (Volume 69, Number 46)]

[Proposed Rules]

[Page 10941-10951]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr09mr04-17]

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-D-7584]

Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency (FEMA), Emergency Preparedness and Response Directorate, Department of Homeland Security.

ACTION: Proposed rule.

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).

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.

ADDRESSES: The proposed 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: Doug Bellomo, P.E., Hazard Identification Section, Emergency Preparedness and Response Directorate, FEMA, 500 C Street, SW., Washington, DC 20472, (202) 646- 2903.

SUPPLEMENTARY 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:

    [[Page 10942]]

    [hairsp]Depth in feet above ground. *[hairsp]Elevation in feet (NGVD) [hairsp]Elevation in feet (NAVD) Communities affected

    Existing

    Modified

    FLORIDA Leon County

    East Drainage Ditch............ Approximately 0.6 mile

    *41

    *40 Leon County upstream of the

    (Unincorporated confluence with Monson

    Areas), City of Slough.

    Tallahassee. Approximately 800 feet

    None

    *142 ................. upstream of Apakin Nene Road. West Drainage Ditch............ From Mabry Street......

    *54

    *53 Leon County (Unincorporated Areas), City of Tallahassee. Approximately 50 feet

    *62

    *61 ................. upstream of New Quincy Highway. Gum Creek...................... At the confluence with

    *60

    *55 Leon County West Drainage Ditch.

    (Unincorporated Areas), City of Tallahassee. At the confluence with

    *60

    *58 North Branch Gum Creek. North Branch Gum Creek......... At the confluence with

    *60

    *58 Leon County Gum Creek.

    (Unincorporated Areas). At Gum Road............

    *60

    *59 ................. West Branch Gum Creek.......... At the confluence with

    *60

    *58 Leon County Gum Creek.

    (Unincorporated Areas). Just upstream of CSX

    *60

    *59 Transportation.

    Leon County (Unincorporated Areas)

    Maps available for inspection at the Leon County Courthouse, 301 South Monroe Street, Tallahassee, Florida.

    Send comments to Mr. Parwez Alam, Leon County Administrator, 301 South Monroe Street, Tallahassee, Florida 32301.

    City of Tallahassee

    Maps available for inspection at the Tallahassee City Hall, 300 South Adams Street, Tallahassee, Florida.

    Send comments to The Honorable John Marks, Mayor of the City of Tallahassee, 300 South Adams Street, Tallahassee, Florida 32301-1731.

    KENTUCKY Pendleton County

    Ohio River..................... Approximately 475 feet

    None

    *506 Pendleton County downstream of the

    (unincorporated downstream county

    Areas). boundary. Approximately 425 feet

    None

    *506 ................. upstream of the upstream county boundary. Licking River.................. At the confluence of

    None

    *530 Pendleton County Grassy Creek.

    (Unincor porated Areas). Approximately 1.09

    None

    *556 ................. miles upstream of State Route 22. South Fork Licking River....... At the confluence with

    None

    *555 Pendleton County Licking River.

    (Unincorporated Areas). Approximately 1.32

    None

    8559 ................. miles upstream of U.S. Route 27.

    Pendleton County (Unincorporated Areas)

    Maps available for inspection at the Pendleton County Judge's Office, 233 Main Street, Falmouth, Kentucky.

    Send comments to The Honorable Henry Bertram, Pendleton County Judge Executive, 233 Main Street, Falmouth, Kentucky 41041.

    NORTH CAROLINA Bladen County

    Saespan Branch................. Approximately 600 feet

    None 106, Elizabethtown, North Carolina.

    Send comments to Mr. Gregory Martin, Bladen County Manager, P.O. Box 1048, Elizabethtown, North Carolina 28337.

    NORTH CAROLINA Camden County

    Areneuse Creek................. At the upstream side of

    None 7

    q8 City, Pasquotank County (Unincorporated Areas). Approximately 550 feet

    None 91

    q92 (Unincorporated Areas). Approximately 1,225

    None 114

    q113 (Unincorporated confluence with Jacob

    Areas), City of Swamp.

    Lumberton. At the confluence with 114

    q119 North. Contrary Swamp................. At the confluence with

    None 114

    q116 (Unincorporated Areas), City of Lumberton. At the confluence with 115

    q118 South. Cowford Swamp.................. At the confluence with

    None 123

    q124 (Unincorporated Contempare Drive.

    Areas), City of Lumberton. Approximately 0.3 mile

    None 106

    q107 (Unincorporated confluence with Lumber

    Areas), City of River.

    Lumberton. Approximately 0.5 miles 123

    q121 Biggs Road. Jordan Swamp................... At the confluence with

    None 183

    q185 (Unincorporated confluence of Bear

    Areas). Swamp. Approximately 150 feet

    None 114

    q113 (Unincorporated Road.

    Areas), City of Lumberton. Approximately 1,000 123

    q122 Kenny Biggs Road. Little Juniper Branch.......... At the upstream side of

    None 96

    q95 (Unincorporated Road.

    Areas), City of Lumberton. Approximately 0.4 mile 112

    q111 McGregor Branch................ At the confluence with

    None 124

    q123 (Unincorporated confluence with the

    Areas). Lumber River. At the downstream

    None 114

    q119 Lumberton.

    North...................... At the confluence with

    None 13

    q11 intersection of Marshwood Court and Marshpoint Road.

    Town of St. James Maps available for inspection at the St. James Town Hall, 3628 St. James Drive, Southport, North Carolina.

    Send comments to The Honorable Leonard B. Harmon, Mayor of the Town of St. James, 3628 St. James Drive, Southport, North Carolina 28461.

    (Catalog of Federal Domestic Assistance No. 83.100, ``Flood Insurance.'')

    Dated: March 3, 2004. Anthony S. Lowe, Mitigation Division Director, Emergency Preparedness and Response Directorate.

    [FR Doc. 04-5245 Filed 3-8-04; 8:45 am]

    BILLING CODE 9110-12-P

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