[Federal Register Volume 69, Number 27 (Tuesday, February 10, 2004)]
[Proposed Rules]
[Pages 6224-6225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2792]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-D-7582]


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

[[Page 6225]]

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. 4104, 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:

 
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                                                                                         <greek-i>Depth in feet
                                                                                        above ground. *Elevation
                                                                                             in feet (NGVD)
             State               City/town/county      Source of          Location         *Elevation in feet
                                                        flooding                                 (NAVD)
                                                                                       -------------------------
                                                                                          Existing     Modified
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North Carolina................  Person County      Deep Creek.......  At the Person/           None         *419
                                 (Unincorporated                       Durham County           None         *419
                                 Areas).                               boundary.
                                                                      Approximately
                                                                       0.8 mile
                                                                       upstream of
                                                                       Smith Road.
 
 Maps available for inspection at Person County Planning and Zoning Department, 20A Court Street, Roxboro, North
 Carolina.
Send comments to Mr. Steve Carpenter, Person County Manager, 304 South Morgan Street, Room 212, Roxboro, North
 Carolina 27573.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance'')

    Dated: February 3, 2004.
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response 
Directorate.
[FR Doc. 04-2792 Filed 2-9-04; 8:45 am]
BILLING CODE 9110-12-P