[Federal Register Volume 71, Number 112 (Monday, June 12, 2006)]
[Proposed Rules]
[Pages 33702-33703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-9130]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-D-7662]


Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency (FEMA), Department of 
Homeland Security, Mitigation Division.

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: William R. Blanton, Jr. CFM, Acting 
Section Chief, Engineering Management Section, Mitigation Division, 500 
C Street, SW., Washington, DC 20472, (202) 646-3151.

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 BFEs 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 
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 13132, Federalism. This rule involves no policies 
that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This rule meets the 
applicable standards of Executive Order 12988.

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)
                State                      City/town/county                  Source of flooding                                      Location                             Elevation in
                                                                                                                                                                               feet (NAVD)
                                                                                                                                                                       -------------------------
                                                                                                                                                                          Existing     Modified
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Massachusetts........................  Plymouth (Town),........  Plymouth.................................  At Clarks Island..........................................   12   10
                                       Plymouth County.........  Harbor/Plymouth Bay......................  Approximately 500 feet north of the intersection of State    18   29
                                                                                                             Route 3A and Clifford Road.
 
  Maps available for inspection at the Plymouth Town Hall, 11 Lincoln Street, Plymouth, Massachusetts.
 
  Send comments to Mr. Mark Sylvia, Plymouth Town Manager, 11 Lincoln Street, Plymouth, Massachusetts 02360.
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North Carolina.......................  Atkinson (Town), Pender   Mill Branch (of Moores Creek)............  Approximately 0.7 mile downstream of NC Highway 53........         None   43
                                        County.
                                                                                                            At Church Street (NC Highway 53)..........................         None   64
 

[[Page 33703]]

 
  Maps available for inspection at the Atkinson Town Hall, 200 North Town Hall Avenue, Atkinson, North Carolina.
 
  Send comments to The Honorable George Stalker, Mayor of the Town of Atkinson, 200 North Town Hall Avenue, Atkinson, North Carolina 28421.
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North Carolina.......................  Orange County             Haw River................................  At the Orange/Chatham County boundary.....................         None  415
                                        (Unincorporated Areas).
                                                                                                            Approximately 1.2 miles upstream of East Greensboro-Chapel         None  429
                                                                                                             Hill Road.
 
Maps available for inspection at the Orange County Planning and Inspections Department, 306F Revere Road, Hillsborough, North Carolina.
 
Send comments to Mr. John M. Link, Jr., Orange County Manager, 200 South Cameron Street, Hillsborough, North Carolina 27278.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance.'')

    Dated: June 5, 2006.
David I. Maurstad,
Director, Mitigation Division, Federal Emergency Management Agency, 
Department of Homeland Security.
 [FR Doc. E6-9130 Filed 6-9-06; 8:45 am]
BILLING CODE 9110-12-P