04-9216. 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, [phone].

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. 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.

§ 67.4

[Amended]

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

State	City/town/county	Source of flooding	Location	#Depth in feet above ground. *Elevation in feet (NGVD) •Elevation in feet (NAVD)
				Existing	Modified
Virginia	Stafford County	Accokeek Creek	Approximately 0.66 mile downstream of State Route 609	None	•12
			Approximately 350 feet upstream of State Route 628	None	•189
		Aquia Creek	Approximately 0.79 mile downstream of Aquia Drive	•7	•8
			Approximately 930 feet upstream of Tacketts Mill Road	None	•281
		Austin Run	Approximately 0.63 mile upstream of the confluence with Aquia Creek	None	•7
			Approximately 285 feet upstream of Winding Creek Road (State Route 628)	None	•258
		Claiborne Run	At the upstream side of Kings Highway (State Route 3)	•39	•41
			Approximately 0.56 mile upstream of U.S. Route 1	None	•168
		England Run	Approximately 185 feet upstream of the confluence with Rappahannock River	None	•59
			Approximately 1.0 mile upstream of State Route 670	None	•225
		Falls Run	Approximately 1,000 feet upstream of U.S. Route 17	•41	•40
			Approximately 1.06 miles upstream of Cardinal Forest Drive	None	•345
		Little Falls Run	Approximately 1,280 feet upstream of Kings Highway	•33	•32
			Approximately 0.52 mile upstream of State Route 218	None	•142
		Tributary 2 to Austin Run	At the confluence with Tributary 3 to Austin Run	None	•54
			Approximately 225 feet upstream of Rockdale Road (State Route 617)	None	•149
		Tributary 3 to Austin Run	At the confluence with Austin Run	•29	•31
			Approximately 800 feet upstream of the confluence of Austin Run Tributary 2	None	•54
		Whitsons Run (previously known as Tributary 1 to Austin Run)	At the confluence with Austin Run	None	•56
			Approximately 0.65 mile upstream of Eustace Road (State Route 751)	None	•253
Maps available for inspection at the Stafford County Administration Center, Department of Code Administration, 1300 Courthouse Road, Stafford, Virginia.
Send comments to Mr. Robert Crosby, Stafford County Administrator, P.O. Box 339, Stafford, Virginia 22555-0339.

(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.