[Federal Register Volume 68, Number 12 (Friday, January 17, 2003)]
[Proposed Rules]
[Pages 2477-2479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1085]


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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 67

[Docket No. FEMA-D-7552]


Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, FEMA.

ACTION: Proposed rule.

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SUMMARY: Technical information or comments are requested on the 
proposed base (1% annual chance) flood elevations and proposed base 
flood elevation modifications for the communities listed below. The 
base flood elevations 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 90 days following the second publication 
of this proposed rule in a newspaper of local circulation in each 
community.

ADDRESSES: The proposed base flood elevations 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 following 
table.

FOR FURTHER INFORMATION CONTACT: Michael M. Grimm, Acting Chief, Hazard 
Study Branch, Federal Insurance and Mitigation Administration, Federal 
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, 
(202) 646-2878, or (email) [email protected].

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency 
(FEMA or Agency) proposes to make determinations of base flood 
elevations and modified base flood elevations 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 base flood elevations, 
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 Administrator, Federal Insurance 
and Mitigation Administration, certifies that this proposed rule is 
exempt from the requirements of the Regulatory Flexibility Act because 
proposed or modified base flood elevations 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:

[[Page 2478]]



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                                                                Depth in feet
                                                                     above ground.
                                                                  *Elevation in feet
         Source of  flooding                  Location              (NGVD)  [sbull]        Communities affected
                                                               Elevation in feet (NAVD)
                                                              --------------------------
                                                                 Existing     Modified
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                                                 North Carolina
                                     Carteret County (Unincorporated Areas)
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Cedar Swamp Creek...................  At the confluence with          None    [sbull] 9  Town of Newport,
                                       Newport River.                                     Carteret
                                      Approximately 800 feet          None   [sbull] 26  County (Unincorporated
                                       upstream of Forest                                 Areas)
                                       Route 154.
Cypress Drain.......................  At the conference with          None   [sbull] 17  Carteret County
                                       Newport River.                                     (Unincorporated Areas)
                                      Approximately 1,400             None   [sbull] 21  .......................
                                       feet upstream of Lake
                                       Road.
Hadnot Creek........................  Approximately 350 feet          None    [sbull] 9  Carteret County
                                       upstream of Old Church                             (Unincorporated Areas)
                                       Road.
                                      Approximately 2.0 miles         None   [sbull] 33  .......................
                                       upstream of Forest
                                       Route $176.
Hadnot Creek Tributary..............  At the Confluence with          None   [sbull] 14  Carteret County
                                       Hadnot Creek.                                      (Unincorporated Areas)
                                      Approximately 1.3 miles         None   [sbull] 30  .......................
                                       upstream of confluence
                                       with Hadnot Creek.
Hunters Creek.......................  At the confluence with          None    [sbull] 9  Carteret County
                                       White Oak River.                                   (Unincorporated Areas)
                                      Approximately 750 feet          None   [sbull] 24  .......................
                                       upstream of confluence
                                       of Wolf Swamp.
Juniper Branch......................  At the confluence with          None   [sbull] 23  Carteret County
                                       Southwest Prong                                    (Unincorporated Areas)
                                       Newport River.
                                      Approximately 0.4 mile          None   [sbull] 30  .......................
                                       upstream of Forest
                                       Route 177.
Main Prong..........................  At the confluence with          None    [sbull] 9  Carteret County
                                       Black Creek.                                       (Unincorporated Areas)
                                      Approximately 2.0 miles         None   [sbull] 23  .......................
                                       upstream of confluence
                                       with Black Creek.
Newport River.......................  At upstream side of             None    [sbull] 9  Town of Newport,
                                       Highway 70.                                        Carteret
                                      Approximately 800 feet          None   [sbull] 18  County (Unincorporated
                                       upstream of confluence                             Areas)
                                       of Cypress Drain.
Pettiford Creek.....................  At the confluence with          None    [sbull] 7  Carteret County
                                       Pettiford Creek Bay.                               (Unincorporated Areas)
                                      Approximately 2.0 miles         None   [sbull] 35  .......................
                                       upstream of Millis
                                       Road.
Pettiford Creek Tributary 1.........  At the confluence with          None   [sbull] 13  Carteret County
                                       Pettiford.                                         (Unincorporated Areas)
                                      Creek Approximately 1.8         None   [sbull] 26  .......................
                                       miles upstream of
                                       confluence with
                                       Pettiford Creek.
Shoe Branch.........................  At the confluence with          None   [sbull] 10  Town of Newport,
                                       Newport River.                                     Carteret
                                      Approximately 0.8 mile          None   [sbull] 27  County (Unincorporated
                                       upstream of Tom Mann                               Areas)
                                       Road.
Southwest Prong of Newport River....  At the confluence with          None   [sbull] 11  Town of Newport,
                                       Newport River.                                     Carteret County
                                                                                          (Unincorporated Areas)
                                      Approximately 1,050             None   [sbull] 26  .......................
                                       feet upstream of
                                       confluence of Millis
                                       Swamp.
Wolf Swamp..........................  At the confluence with          None   [sbull] 23  Carteret County
                                       Hunters Creek.                                     (Unincorporated Areas)
                                      Approximately 430 feet          None   [sbull] 34  .......................
                                       upstream of Forest
                                       Route 174.
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Town of Newport
 
 Maps available for inspection at the Newport Town Hall, 200 Howard Boulevard, Newport, North Carolina.
Send comments to The Honorable Derryl Garner, Mayor of the Town of Newport, P.O. Box 1869, 200 Howard Boulevard,
 Newport, North Carolina 28570.
Carteret County (Unincorporated Areas)
 
 Maps available for inspection at the Carteret County Planning and Inspection, Court House Square, Beaufort,
 North Carolina.
Send comments to Mr. Pete Allen, Carteret County Manager, County Manager's Office, Courthouse Square, Beaufort,
 North Carolina 28516.
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[[Page 2479]]

    Dated: January 10, 2003.

(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance'')
Anthony S. Lowe,
Administrator, Federal Insurance and Mitigation Administration.
[FR Doc. 03-1085 Filed 1-16-03; 8:45 am]
BILLING CODE 6718-04-P