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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
CFR Citation: 44 CFR Part 67
Docket ID: [Docket No. FEMA-D-7608]
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: North Carolina,
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:
Street and 1st Street.
Atlantic Ocean.................. Approximately 0.55 mile
Avenue and Highway 210.
At intersection of Heron
Back Swamp...................... At Duplin/County None
Back Swamp...................... At confluence with Back None
Back Swamp...................... At confluence with Back None
Swamp.
Back Swamp...................... At confluence with Back None
Swamp.
Back Swamp...................... At confluence with Back None
Swamp.
Back Swamp...................... At confluence with Back None
Swamp.
Back Swamp...................... At confluence with Back None
Back Swamp...................... At confluence with Back None
Swamp.
Back Swamp...................... At confluence with Back None
Tributary 11.................... Approximately 0.5 mile None
Swamp.
Big Shakey Swamp................ At confluence with None
Swamp.
Cypress Branch.................. At the Onslow/Pender
Flat Swamp...................... At confluence with None
Holly Shelter Creek............. At the Onslow/Pender None
Juniper Swamp................... At the Onslow/Pender None
Juniper Swamp................... At the confluence with None
Juniper Swamp................... At the confluence with None
Swamp.
Kings Creek..................... At the confluence with
Moores Creek.................... At the Onslow/Pender None
Moores Creek.................... At the Onslow/Pender None
Moores Creek.................... At the ONslow/Pender None
Moores Creek.................... At the confluence with None
Creek.
Moores Creek.................... At the confluence with None
Moores Creek.................... At the confluence with None
Ninemile Creek.................. At the Duplin/Onslow None
Sandy Run Swamp................. At the Onslow/Pender None
Sandy Run Swamp................. At the confluence with None
Run Swamp.
Shelter Swamp Creek............. At the Onslow/Pender None
Shelter Swamp Creek............. At the confluence of None
Swamp Creek.
Stump Sound within the Cape Fear Approximately 0.23 mile
Hardison Road.
Along the shoreline at
Tenmile Swamp................... At the confluence with None
Approximately 1.3 miles None
Town of Holly Ridge
Maps available for inspection at the Holly Ridge Town Hall, 212 Dyson Street, Holly Ridge, North Carolina.
Send comments to The Honorable Elmer Padgett, Mayor of the Town of Holly Ridge, P.O. Box 145, Holly Ridge, North Carolina 28445.
Town of North Topsail Beach
Maps available for inspection at the North Topsail Beach Town Hall, 2008 Loggerhead Court, North Topsail Beach, North Carolina.
Send comments to The Honorable Rodney Knowles, Mayor of the Town of North Topsail Beach, 2008 Loggerhead Court, North Topsail Beach, North Carolina 28460.
Onslow County (Unincorporated Areas)
Maps available for inspection at the Onslow County Floodplain Administration, 604 College Street, Jacksonville, North Carolina.
Send comments to Mr. Ronald Lewis, Onslow County Manager, 118 Old Bridge Street, Jacksonville, North Carolina 285404259.
(Catalog of Federal Domestic Assistance No. 83.100, ``Flood Insurance.'')
December 8, 2004.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and Response Directorate.
[FR Doc. 0427622 Filed 121604; 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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