Federal Register: PROPOSED RULES Flood elevation determinations: [44 CFR Part 67]

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

CFR Citation: 44 CFR Part 67

Docket ID: [Docket No. FEMA-D-7814]

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 BFEs 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

The Federal Emergency Management Agency (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 BFEs 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. 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 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 13132, Federalism. This proposed rule involves no policies that have federalism implications under Executive Order 13132.

Executive Order 12988, Civil Justice Reform. This proposed 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 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:
* Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s) Location of referenced Depth in feet above Communities affected elevation ground Effective Modified Rowan County, North Carolina and Incorporated Areas Grants Creek........................ At the confluence with None +643 Rowan County Yadkin River. (Unincorporated Areas), City of Salisbury, Town of China Grove, Town of Landis, Town of Spencer. Approximately 1,190 +827 +835 feet upstream of North Meriah Street.

Tributary 2..................... Approximately 1,000 +674 +675 City of Salisbury. feet upstream of the confluence with Grants Creek.
[[Page 46434]]
Approximately 0.4 mile None +688 upstream of the
confluence with Grants Creek.
Hopkins Street Branch............... At the confluence with +707 +705 City of Salisbury. Town Creek.
Approximately 250 feet +707 +705 upstream of the
confluence with Town Creek.
Lomax Creek......................... At the confluence with +637 +644 Town of Spencer. Grants Creek.
Approximately 750 feet +641 +644 upstream of the
confluence with Grants Creek.
Mill Creek.......................... Approximately 250 feet None +713 Rowan County downstream of the (Unincorporated Rowan/Cabarrus County Areas). boundary.
Approximately 400 feet None +799 upstream of Smith Road (State Road 1361).
Rocky Branch........................ At the confluence with +641 +644 Town of Spencer. Grants Creek.
Approximately 1,200 +641 +644 feet upstream of the confluence with Grants Creek.
Rowan Avenue Park Stream............ At the confluence with +629 +644 Rowan County Grants Creek. (Unincorporated Areas), Town of Spencer. Approximately 150 feet +641 +644 upstream of Charles
Street.
Sixth Street Branch................. At the confluence with +641 +644 Town of Spencer. Grants Creek.
Approximately 700 feet +641 +644 upstream of the
confluence with Grants Creek.
South Yadkin River.................. At the confluence with None +648 Rowan County Yadkin River. (Unincorporated Areas), City of Salisbury. At the Iredell/Davie/ None +697 Rowan County boundary. Third Street Creek.................. At the confluence with +636 +644 Town of Spencer. Grants Creek.
Approximately 1,260 +641 +644 feet upstream of the confluence with Grants Creek.
Yadkin River........................ Approximately 500 feet None +566 Rowan County downstream of the (Unincorporated Rowan/Davidson/Stanly/ Areas), Town of Montgomery County Spencer. boundary.
At the confluence of None +648 South Yadkin River.
* National Geodetic Vertical Datum.
Depth in feet above ground.
+ North American Vertical Datum.
ADDRESSES City of Salisbury
Maps are available for inspection at Salisbury City Hall, 217 South Main Street, Salisbury, North Carolina. Send comments to Mr. David Treme, Salisbury City Manager, P.O. Box 479, Salisbury, North Carolina 28145. Town of China Grove
Maps are available for inspection at China Grove Town Hall, 205 Swink Street, China Grove, North Carolina. Send comments to The Honorable Don Bringle, Mayor of the Town of China Grove, 205 Swink Street, China Grove, North Carolina 28023.
Town of Landis
Maps are available for inspection at Landis Town Hall, 312 South Main Street, Landis, North Carolina. Send comments to The Honorable Mike Mahaley, Mayor of the Town of Landis, P.O. Box 8165, Landis, North Carolina 28088.
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'')

Dated: August 9, 2007.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. E716270 Filed 81707; 8:45 am]
BILLING CODE 911012P

FOR FURTHER INFORMATION CONTACT William R. Blanton, Jr., Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646 3151.