FR Doc 04-21156

[Federal Register: September 21, 2004 (Volume 69, Number 182)]
[Proposed Rules]
[Page 56383-56384]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21se04-17]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-D-7602]

Proposed Flood Elevation Determinations

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

ACTION: Proposed rule.

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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.

[[Page 56384]]

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:

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Depth in feet
above ground.
*Elevation in feet
(NGVD)
Source of flooding Location Elevation in Communities affected
feet (NAVD)
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Existing Modified
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NORTH CAROLINA
Gaston County
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Catawba River....................... At the confluence with None 571 Gaston County
South Fork Catawba (Unincorporated
River. Areas), City of Mount
Holly.
At the downstream side None 582
of Mountain Island Dam.
Dutchmans Creek..................... At the confluence with None 580 Gaston County
the Catawba River. (Unincorporated
Areas), City of Mount
Holly.
A point approximately None 581
0.52 mile upstream of
the confluence with
the Catawba River.
Fites Creek......................... At the confluence with None 577 Gaston County
the Catawba River. (Unincorporated
Areas), City of Mount
Holly.
A point approximately None 578
35 feet downstream of
Tuckageegee Road.
Kittys Branch....................... At the confluence with None 572 Gaston County
the Catawba River. (Unincorporated
Areas).
A point approximately None 586
100 feet downstream of
CSX Transportation.
Nancy Hanks Branch.................. At the confluence with None 573 Gaston County
the Catawba River. (Unincorporated
Areas).
A point approximately None 573
120 feet upstream of
CSX Transportation.
Stowe Branch........................ At the confluence with None 573 City of Belmont, Gaston
the Catawba River. County (Unincorporated
Areas).
A point approximately None 573
210 feet upstream of
CSX Transportation.
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City of Belmont

Maps available for inspection at the Belmont City Hall, 115 North Main Street, Belmont, North Carolina.
Send comments to The Honorable Billy W. Joye, Jr., Mayor of the City of Belmont, P.O. Box 431, Belmont, North
Carolina 28012.

Gaston County (Unincorporated Areas)

Maps available for inspection at the Gaston County Planning/Code Enforcement Office, 212 West Main Street,
Gastonia, North Carolina.

Send comments to Mr. Jan Winters, Gaston County Manager, 212 West Main Street, P.O. Box 1578, Gastonia, North
Carolina 28053-1578.

City of Mount Holly

Maps available for inspection at the Mount Holly City Hall, 131 South Main Street, Mount Holly, North Carolina.
Send comments to The Honorable Robert Black, Mayor of the City of Mount Holly, P.O. Box 406, Mount Holly, North
Carolina 28120.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood
Insurance'')

Dated: September 14, 2004.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and
Response Directorate.
[FR Doc. 04-21156 Filed 9-20-04; 8:45 am]

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