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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
CFR Citation: 44 CFR Part 67
Docket ID: [Docket No. FEMA-D-7606]
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: Various states,
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:
Approximately 0.9 mile None *688 upstream of Dug Hill
Road.
Big Cove Creek Tributary......... At the confluence with None *656 Madison County
Big Cove Creek. (Unincorporated Areas),
City of Huntsville
Approximately 0.7 mile None *679 upstream of the
confluence with Big Cove Creek.
Peevey Creek..................... Approximately 1.2 miles *607 *608 Madison County
upstream of the (Unincorporated Areas),
confluence with Robinson City of Huntsville Mill Creek.
Approximately 2.2 miles None *639 upstream of the
confluence with Robinson Mill Creek.
City of Huntsville
Maps available for inspection at the City of Huntsville City Hall, 320 Fountain Circle, 2nd Floor, Huntsville, Alabama.
[[Page 62014]]
Send comments to the Honorable Loretta Spencer, Mayor of the City of Huntsville, 308 Fountain Circle, Huntsville, Alabama 35805.
Madison County (Unincorporated Areas)
Maps available for inspection at the Madison County Engineering Department, 814 Cook Avenue, Huntsville, Alabama.
Send comments to The Honorable Mike Gillespie, Chairman of Madison County, 100 North Side Square, Huntsville, Alabama 35801.
ALABAMA
Morgan County
Bakers Creek..................... Approximately 1,600 feet
Approximately 100 feet
Morgan Road.
Tributary to Bakers Creek........ At the confluence with
Avenue Southwest.
Betty Rye Branch................. Approximately 0.8 mile
Approximately 150 feet
Drive Southwest.
Black Branch..................... Just upstream of Point
Boulevard.
Brush Creek...................... Approximately 650 feet
Approximately 0.2 mile
Approximately 2.0 miles None
confluence with West
Flint Creek.
Clark Spring Branch.............. Approximately 800 feet
confluence with Brush
Creek.
Approximately 400 feet None
Drive Southwest.
Clark Spring Branch Tributary.... At the confluence with
Approximately 300 feet None
Park Drive Southwest.
Dry Branch....................... Approximately 0.5 mile
Avenue Southwest.
North Dinsmore................... Just downstream of U.S.
Approximately 100 feet None
Road.
South Dinsmore Middle Tributary.. Approximately 50 feet
Avenue.
South Dinsmore North Tributary... At the confluence with None
Tributary.
Approximately 0.5 mile None
Avenue.
City of Decatur
Maps available for inspection at the City of Decatur Building Department, 402 Lee Street Northeast, Fourth floor, Decatur, Alabama.
Send comments to The Honorable Lynn C. Fowler, Mayor of the City of Decatur, P.O. Box 488, Decatur, Alabama 35602.
Morgan County (Unincorporated Areas)
Maps available for inspection at the Morgan County Engineering Department, 580 Shull Road, Northeast, Hartselle, Alabama.
Send comments to The Honorable Larry Benrich, Chairman of the Morgan County Commission, P.O. Box 668, Decatur, Alabama 35601.
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NORTH CAROLINA
Currituck County
Moyock Run....................... Approximately 100 feet None
Approximately 1.1 miles None
Atlantic Ocean................... At the Virginia State
Land Fall Court.
Currituck Sound.................. Approximately 0.9 mile
Highway 158.
At the northeast corner
Brabble Street and
Highway 168.
Currituck County (Unincorporated Areas)
Maps available for inspection at the Currituck County Planning and Inspections Department, 153 Courthouse Road, Currituck, North Carolina.
Send comments to Mr. Dan Scanlon, Currituck County Manager, 153 Courthouse Road, Currituck, North Carolina 27929 0039.
NORTH CAROLINA
Johnston County
East Mingo Creek................. At the confluence with None
Road.
Mingo Swamp...................... At the Johnston/Sampson None
Church Road.
Mingo Swamp Tributary 2.......... At the Johnston Harnett None
Chapel Road.
Town of Benson
Maps available for inspection at the Benson Town Hall, Zoning Department, 303 East Church Street, Benson, North Carolina.
Send comments to The Honorable Don Johnson, Mayor of the Town of Benson, P.O. Box 69, Benson, North Carolina 27504.
Johnston County (Unincorporated Areas)
Maps available for inspection at the Johnston County Public Utilities Office, 309 East Market Street, Smithfield, North Carolina.
Send comments to Mr. Rick Hester, Johnston County Manager, P.O. Box 1049, Smithfield, North Carolina 27577.
NORTH CAROLINA
Wayne County
Buck Marsh Branch................ Approximately 0.2 mile None
Approximately 0.3 mile None
Cabin Branch..................... Approximately 0.9 mile None
Approximately 0.9 mile None
Horsepen Branch.................. At confluence with Lewis None
Church Road.
Jones Branch..................... Approximately 0.4 mile None
Approximately 1.0 mile None
Jumping Run Branch............... Approximately 0.3 mile None
Approximately 0.8 mile None
55.
Lewis Branch..................... Just upstream of NC None
confluence of Horsepen
Branch.
Unincorporated Areas of Wayne County
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Maps available for inspection at the Wayne County Planning Department, 224 East Walnut Street, Goldsboro, North Carolina.
Send comments to Mr. Lee Smith, Wayne County Manager, P.O. Box 227, Goldsboro, North Carolina 275330227.
NORTH CAROLINA
Town of Smithfield, Johnston County
Spring Branch.................... At the upstream side of
Approximately 265 feet
Street.
Town of Smithfield
Maps available for inspection at the Smithfield Town Hall, 350 East Market Street, Smithfield, North Carolina.
Send comments to The Honorable Bill Jordan, Mayor of the Town of Smithfield, P.O. Box 761, Smithfield, North Carolina 27577.
PENNSYLVANIA
Township of Manheim, Lancaster County
Landis Run....................... Approximately 1,000 feet
Holland Pike.
Approximately 150 feet
Road.
Maps available for inspection at the Manheim Township Office, 1840 Municipal Drive, Lancaster, Pennsylvania.
Send comments to Mr. James Martin, Manager of the Township of Manheim, 1840 Municipal Drive, Lancaster, Pennsylvania 176014162.
(Catalog of Federal Domestic Assistance No. 83.100, ``Flood Insurance.'')
Dated: October 18, 2004.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and Response Directorate.
[FR Doc. 0423702 Filed 102104; 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.
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