[Federal Register Volume 69, Number 182 (Tuesday, September 21, 2004)]
[Proposed Rules]
[Pages 56383-56384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21156]


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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)
                                                              --------------------------
                                                                 Existing     Modified
----------------------------------------------------------------------------------------------------------------
                                                 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]
BILLING CODE 9110-12-P