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Proposed Rule

Proposed Flood Elevation Determinations

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Information about this document as published in the Federal Register.

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


Proposed rule.


Technical information or comments are requested on the proposed Base (1% annual chance) Flood Elevations (BFEs) and proposed BFEs 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).


The comment period is ninety (90) days following the second publication of this proposed rule in a newspaper of local circulation in each community.


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.

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

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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 Start Printed Page 60987pursuant 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. As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-612, a regulatory flexibility analysis is not required.

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.

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List of Subjects in 44 CFR Part 67

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Accordingly, 44 CFR part 67 is proposed to be amended as follows:

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1. The authority citation for part 67 continues to read as follows:

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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.

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2. The tables published under the authority of § 67.4 are proposed to be amended as follows:

StateCity/town/countySource of floodingLocation#Depth in feet above ground. * Elevation in feet (NGVD) +Elevation in feet (NAVD)
City of Durham, North Carolina
North CarolinaCity of Durham, Durham CountyThird Fork Creek TributaryAt the confluence with Third Fork Creek Tributary C+275+273
Approximately 260 feet upstream of Sherbon DriveNone+328
Third Fork Creek Tributary AApproximately 1,700 feet upstream of the confluence with Third Fork Creek+251+252
Approximately 200 feet upstream of Southpoint Crossing Drive+284+291
Third Fork Creek Tributary CApproximately 50 feet downstream of Hope Valley Road+259+258
Approximately 250 feet upstream of Princeton AvenueNone+319
Third Fork Creek Tributary DApproximately 1,100 feet upstream of the confluence with Third Fork Creek+255+256
Approximately 200 feet upstream of Morningside DriveNone+288
Third Fork Creek Tributary EApproximately 300 feet upstream of the confluence with Third Fork Creek+289+290
Approximately 250 feet upstream of Ward StreetNone+332
Maps are available for inspection at the Durham City Hall, Storm Water Services Division, 101 City Hall Plaza, Durham, North Carolina.
Send comments to The Honorable William Bell, Mayor of the City of Durham, 101 City Hall Plaza, Durham, North Carolina 27701.
GuamAgana RiverAt downstream side of Marine Drive (Route 1)*11*7
Approximately 350 feet upstream of O'Brien Drive*14*13
* National Geodetic Vertical Datum.
# Depth in feet above ground.
+ North American Vertical Datum.
Maps are available for inspection at the Guam Department of Public Works, Government of Guam, 542 North Marine Drive, Building A, Tamuning, Guam.
Send comments to The Honorable Felix P. Camacho, Governor of Guam, Office of the Governor, P.O. Box 2950, Hagåtña, Guam 96932.
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(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”)

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Dated: October 4, 2006.

David I. Maurstad,

Director, Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security.

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[FR Doc. E6-17278 Filed 10-16-06; 8:45 am]