Federal Register: PROPOSED RULES Flood elevation determinations: [44 CFR Part 67]

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

CFR Citation: 44 CFR Part 67

Docket ID: [Docket No. FEMA-D-7580]

NOTICE: PROPOSED RULES

ACTION: Flood elevation determinations:

DOCUMENT ACTION: Proposed rule.

SUBJECT CATEGORY: Proposed Flood Elevation Determinations

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.
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DOCUMENT 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).

SUMMARY: Various States,

SUPPLEMENTAL 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.

Sec. 67.4 [Amended]

2. The tables published under the authority of Sec. 67.4 are proposed to be amended as follows:
Depth in feet above ground. *Elevation in feet (NGVD) State City/town/county Source of Flooding Location [sbull]Elevation in feet (NAVD) Existing Modified New Hampshire........................ Dover (City), Strafford Boston Harbor............................ At a point immediately downstream of Scammel Bridge....... None *7 County.
Approximately 100 feet east of northbound lane of None *7 Spaulding Turnpike bridge. Maps available for inspection at the Dover City Office, 288 Central Avenue, Dover, New Hampshire. Send comments to Mr. Paul Beecher, Dover City Manager, City Office, 288 Central Avenue, Dover, New Hampshire 03820. New York............................. Hoosick Falls (Village), Hoosick River............................ Approximately 40 feet downstream of Church Street......... None *416 Rensselaer County.
Approximately 0.51 mile upstream of Boston and Maine None *431 Railroad. Maps available for inspection at Hoosick Falls Village Office, 24 Main Street, Hoosick Falls, New York. Send comments to the Honorable Laura Reynolds, Mayor of the Village of Hoosick Falls, 24 Main Street, Hoosick Falls, New York 12090. Virginia............................. Falls Church Poplar Drive Bypass...................... At confluence with Tripps Run............................. None *337 (Independent City). At upstream corporate limits.............................. None *343 Tripps Run............................... Approximately 100 feet downstream of U.S. Route 29........ *281 *280 Approximately 50 feet upstream of the upstream corporate None *339 limits. Maps available for inspection at City of Falls Church Department of Environmental Services, 300 Park Avenue, Falls Church, Virginia. Send comments to the Honorable Daniel Gardner, Mayor of the City of Falls Church, 300 Park Avenue, Falls Church, Virginia. [[Page 586]]
(Catalog of Federal Domestic Assistance No. 83.100, ``Flood Insurance.'')

Dated: December 18, 2003.
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response Directorate.
[FR Doc. 04163 Filed 1504; 8:45 am]
BILLING CODE 911012P

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.