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 Department of Homeland Security Federal Emergency Management Agency 44 CFR Part 67
[Docket No. FEMA-D-7608]
 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.
                        ( print page 75497)


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. § 67.4
  2. The tables published under the authority of § 67.4 are proposed to be amended as follows: Source of flooding
Location
# Depth in feet above ground. *Elevation in feet (NGVD). • Elevation in feet (NACD).
Communities affectedExisting
Modified**NORTH CAROLINA****Onslow County**Atlantic Ocean
At intersection of Chadwick Access Road and Carroll Street
•6
•8
Onslow County (Unincorporated Areas).Approximately 1,500 feet northeast of the intersection of Canal Street and 1st Street
•10
•11Atlantic Ocean
Approximately 0.55 mile north of the intersection of 2nd Avenue and Highway 210
•11
•8
Town of North Topsail Beach.At intersection of Heron Cam Court and Highway 210
•11
•12Back Swamp
At Duplin/County boundary
None
•57
Onslow County (Unincorporated Areas).Approximately 0.7 mile upstream of Dell Brock Road
None
•90Back Swamp
At confluence with Back Swamp
None
•58
Onslow County (Unincorporated Areas).Tributary 1
Approximately 0.8 mile upstream of Futrell Road
None
•85Back Swamp
At confluence with Back Swamp
None
•60
Onslow County (Unincorporated Areas).Tributary 3
Approximately 2.2 miles upstream of the confluence with Back Swamp
None
•85Back Swamp
At confluence with Back Swamp
None
•66
Onslow County (Unincorporated Areas).Tributary 6
Approximately 1.4 miles upstream of the confluence with Back Swamp
None
•81Back Swamp
At confluence with Back Swamp
None
•66
Onslow County (Unincorporated Areas).Tributary 7
Approximately 1.3 miles upstream of the confluence with Back Swamp
None
•79Back Swamp
At confluence with Back Swamp
None
•70
Onslow County (Unincorporated Areas).Tributary 8
Approximately 0.8 mile upstream of the confluence with Back Swamp
None
•79Back Swamp
At confluence with Back Swamp
None
•71
Onslow County (Unincorporated Areas).Tributary 9
Approximately 250 feet upstream of Haw Branch Road
None
•82Back Swamp
At confluence with Back Swamp
None
•78
Onslow County (Unincorporated Areas).Tributary 10
Approximately 0.9 mile upstream of the confluence with Back Swamp
None
•89Back Swamp
At confluence with Back Swamp
None
•81
Onslow County (Unincorporated Areas).( print page 75498)Tributary 11
Approximately 0.5 mile upstream of the confluence with Back Swamp
None
•85Big Shakey Swamp
At confluence with Juniper Swamp
None
•43
Onslow County (Unincorporated Areas).Approximately 2.1 miles upstream of the confluence with Juniper Swamp
None
•50Cypress Branch
At the Onslow/Pender County boundary
•6
•8
Town of Holly Ridge, Onslow County (Unincorporated Areas).Approximately 1.2 miles upstream of the Bishop Road
None
•34Flat Swamp
At confluence with Juniper Swamp
None
•37
Town of Holly Ridge, Onslow County (Unincorporated Areas).Approximately 2.3 miles upstream of Preston Wells Road
None
•61Holly Shelter Creek
At the Onslow/Pender County boundary
None
•36
Onslow County (Unincorporated Areas).Approximately 0.2 mile downstream of Hardy Graham Road
None
•62Juniper Swamp
At the Onslow/Pender County boundary
None
•35
Onslow County (Unincorporated Areas).Approximately 4.7 miles upstream of State Highway 50
None
•55Juniper Swamp
At the confluence with Juniper Swamp
None
•37
Onslow County (Unincorporated Areas).Tributary 1
Approximately 350 Areas) feet upstream of U.S. Highway 50
None
•43Juniper Swamp
At the confluence with Juniper Swamp
None
•44
Onslow County (Unincorporated Areas).Tributary 2
Approximately 1.6 miles upstream of the confluence with Juniper Swamp
None
•59Kings Creek
At the confluence with Kings Creek
•6
•8
Onslow County (Unincorporated Areas).Tributary 1
Approximately 2.1 miles upstream of Holly Ridge-Sneads Ferry Road
None
•57Moores Creek
At the Onslow/Pender County boundary
None
•43
Onslow County (Unincorporated Areas).Approximately 1.6 miles upstream of Andemora Road
None
•66Moores Creek
At the Onslow/Pender County boundary
None
•51
Onslow County (Unincorporated Areas).Tributary 1
Approximately 1.0 mile upstream of Tomahawk Road
None
•78Moores Creek
At the ONslow/Pender County boundary
None
•47
Onslow County (Unincorporated Areas).Tributary 2
Approximately 570 feet upstream of NC Highway 53
None
•56Moores Creek
At the confluence with Moores Creek
None
•44
Onslow County (Unincorporated Areas).Tributary 3
Approximately 1.2 miles upstream of the confluence with Moores Creek
None
•62Moores Creek
At the confluence with Moores Creek
None
•46
Onslow County (Unincorporated Areas).Tributary 4
Approximately 385 Areas) feet upstream of NC Highway 53
None
•69Moores Creek
At the confluence with Moores Creek Tributary 4
None
•52
Onslow County (Unincorporated Areas).Tributary 5
Approximately 0.7 mile upstream of Andemora Road
None
•70Ninemile Creek
At the Duplin/Onslow County boundary
None
•54
Onslow County (Unincorporated Areas).Approximately 0.2 mile downstream of Davis Road
None
•76Sandy Run Swamp
At the Onslow/Pender County boundary
None
•29
Onslow County (Unincorporated Areas).Approximately 0.9 mile upstream of Haws Run Road
None
•45Sandy Run Swamp
At the confluence with Sandy Run Swamp
None
•41
Onslow County (Unincorporated Areas).Tributary 1
Approximately 1.5 miles upstream of the confluence with Sandy Run Swamp
None
•45Shelter Swamp Creek
At the Onslow/Pender County boundary
None
•34
Onslow County (Unincorporated Areas).Approximately 3.2 miles upstream of South Coston Road
None
•56Shelter Swamp Creek
At the confluence of Shelter Swamp
None
•41
Onslow County (Unincorporated Areas).Tributary 1
Approximately 0.8 mile upstream of the confluence with Shelter Swamp Creek
None
•41Stump Sound within the Cape Fear River Basin
Approximately 0.23 mile south of the intersection of Morris Landing Road and Hardison Road
•6
•8
Onslow County (Unincorporated Areas).Along the shoreline at Thomas Landing (at the mouth of Turkey Creek)
•8
•11Tenmile Swamp
At the confluence with Ninemile Creek
None
•55
Onslow County (Unincorporated Areas).( print page 75499)Approximately 1.3 miles upstream of Swinson Road
None
•74*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 28540-4259.
 (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. 04-27622 Filed 12-16-04; 8:45 am] BILLING CODE 9110-12-P