Proposed Rules. Proposed rule

1,238 words·~6 min read·/register/2004/04/23/04-9217·

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BILLING CODE 9110-12-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA-D-7588] Proposed Flood Elevation Determinations 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. 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 [Amended] 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

(NAVD)Existing Modified Communities affected VIRGINIA Albemarle County Cow Branch At the confluence with Moores Creek None •333 Albemarle County (Unincorporated Areas). Approximately 285 feet upstream of Mill Creek Drive None •439 Flat Branch At the confluence with North Fork Rivanna River None •386 Albemarle County (Unincorporated Areas). Approximately 4,890 feet upstream of the confluence with Flat Branch Tributary None •441 Flat Branch Tributary At the confluence with Flat Branch None •386 Albemarle County (Unincorporated Areas). Approximately 2,490 feet upstream of Lewis & Clark Drive None •442 Herring Branch At the confluence with North Fork Rivanna River None •389 Albemarle County (Unincorporated Areas). Approximately 2,530 feet upstream of private drive None •443 Jacobs Run At the confluence with North Fork Rivanna River None •396 Albemarle County (Unincorporated Areas). At the Chris Green Lake Dam None •396 Lickinghole Creek Approximately 70 feet downstream of railroad bridge •500 •501 Albemarle County (Unincorporated Areas). Approximately 150 feet upstream of Jarmans Gap Road None •902 North Fork Rivanna River At the confluence with Rivanna River •352 •356 Albemarle County (Unincorporated Areas). Approximately 1,375 feet upstream of Dickerson Road None •398 Powells Creek At the confluence with Lickinghole Creek None •623 Albemarle County (Unincorporated Areas). Approximately 320 feet upstream of Railroad Avenue None •786 Rivanna River At the County boundary None •287 Albemarle County (Unincorporated Areas), Independent City of Charlottesville. At the confluence with North Fork Rivanna River •352 •356 Slabtown Branch At the confluence with Lickinghole Creek None •600 Albemarle County (Unincorporated Areas). Approximately 3,000 feet upstream of State Route 684 None •766 Moores Creek At the confluence with Rivanna River •324 •329 Albemarle County (Unincorporated Areas), Independent City of Charlottesville. Approximately 1,300 feet downstream of State Route 20 •331 •330 Meadow Creek At the confluence with Rivanna River •343 •345 Albemarle County (Unincorporated Areas), Independent City of upstream of Charlottesville. Approximately 100 feet upstream of Rio Road None •358 South Fork Rivanna River At the confluence with Rivanna River •351 •356 Albemarle County (Unincorporated Areas). Approximately 630 feet upstream of the confluence of Powells Creek •357 •358 Albemarle County (Unincorporated Areas) Maps available for inspection at the Albemarle County Engineering Office, 401 McIntire Road, Charlottesville, Virginia. Send comments to Mr. Robert W. Tucker, Jr., Albemarle County Executive, Albemarle County Building, 401 McIntire Road, Charlottesville, Virginia 22902. Independent City of Charlottesville Maps available for inspection at the Charlottesville City Hall, Neighborhood Development Services, 4th Street, NW., Charlottesville, Virginia. Send comments to The Honorable Maurice Cox, Mayor of the Independent City of Charlottesville, P.O. Box 911, Charlottesville, Virginia 22902. VIRGINIA Roanoke County (Unincorporated Areas) Peters Creek Tributary A At the confluence with Peters Creek *1,103 *1,106 Roanoke County (Unincorporated Areas). Approximately 160 feet upstream of Timberview Road None *1,120 Peters Creek Approximately 1,150 feet upstream of the confluence with Roanoke River *969 *968 City of Roanoke, Roanoke County (Unincorporated Areas) At the confluence of Peters Creek Tributaries A and B *1,103 *1,106 Peters Creek Tributary B At the confluence with Peters Creek *1,103 *1,106 Roanoke County (Unincorporated Areas) Approximately 2,000 feet upstream of the confluence with Peters Creek *1,124 *1,127 Peters Creek Tributary C Approximately 20 feet upstream of the confluence with Peters Creek *1,027 *1,028 City of Roanoke, Roanoke County (Unincorporated Areas). Approximately 1,100 feet upstream of Embassy Drive None *1,088 Roanoke County (Unincorporated Areas) Maps available for inspection at the Roanoke County Engineering Office, 5204 Bernard Drive, SW., Roanoke, Virginia. Send comments to Mr. Elmer C. Hodge, Roanoke County Administrator, P.O. Box 29800, Roanoke, Virginia 24018. (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”) Dated: April 7, 2004. Anthony S. Lowe, Mitigation Division Director, Emergency Preparedness and Response Directorate. [FR Doc. 04-9217 Filed 4-22-04; 8:45 am]

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