[Federal Register Volume 68, Number 145 (Tuesday, July 29, 2003)]
[Proposed Rules]
[Pages 44516-44518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19249]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-D-7572]


Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency (FEMA), Emergency 
Preparedness and Response Directorate, Department of Homeland Security.

ACTION: Proposed rule.

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SUMMARY: Technical information or comments are requested on the 
proposed base (1% annual chance) flood elevations and proposed base 
flood elevation modifications for the communities listed below. The 
base flood elevations 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 base flood elevations 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 following 
table.

FOR FURTHER INFORMATION CONTACT: Doug Bellomo, P.E., FEMA, 500 C Street 
SW., Washington, DC 20472, (202) 646-2903.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency 
(FEMA or Agency) proposes to make determinations of base flood 
elevations and modified base flood elevations 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 base flood elevations, 
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

[[Page 44517]]

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 base flood elevations 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:

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                                                                                                                                                                         Depth in feet
                                                                                                                                                                              above ground.
                                                                                                                                                                           *Elevation in feet
                State                      City/town/county                  Source of flooding                                      Location                                (NGVD)  [sbull]
                                                                                                                                                                        Elevation in feet (NAVD)
                                                                                                                                                                       -------------------------
                                                                                                                                                                          Existing     Modified
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New Jersey...........................  Greenwich (Township),     Merrill Creek............................  Approximately 30 feet upstream of confluence with                  *263         *262
                                        Warren County.                                                       Pohatcong Creek.
                                                                                                            Approximately 150 feet downstream of North Main Street....         *336         *337
                                                                 Merrill Creek (Left Channel).............  At the downstream confluence with Merrill Creek...........         *271         *270
                                                                                                            Approximately 35 feet downstream from upstream confluence         *342*          343
                                                                                                             with Merrill Creek.
 
   Maps available for inspection at the Greenwich Township Municipal Building, 321 Greenwich Street, Stewartsville, New Jersey.
 
  Send comments to The Honorable Gregory Blaszka, Mayor of the Township of Greenwich, Municipal Building, 321 Greenwich Street, Stewartsville, New Jersey 08886.
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New York.............................  Victor (Village) Ontario  Great Brook..............................  At the downstream corporate limits........................         None         *555
                                        County.
                                                                                                            Approximately 1,150 feet upstream of CONRAIL..............         None        *585
  Maps available for inspection at the Victor Village Office, 60 East Main Street, Victor, New York.
 
  Send comments to The Honorable Thomas Walker, Mayor of the Village of Victor, 60 East Main Street, Victor, New York 14564.
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Wisconsin............................  New Richmond (City), St.  Paper Jack Creek.........................  Approximately 650 feet downstream of abandoned railroad...         None         *960
                                        Croix County.
                                                                                                            Approximately 0.6 mile upstream of Bilmar Avenue..........         None         *980
                                                                 Willow River.............................  Approximately 0.4 mile downstream of State Highway 64.....         None         *950
                                                                                                            Approximately 0.8 mile upstream of the Soo Line Railroad..         None        *979

[[Page 44518]]

 
  Maps available for inspection at the City of New Richmond Civic Center, 156 East First Street, New Richmond, Wisconsin.
 
   Send comments to The Honorable
   David Schnitzler, Mayor of the
   City of New Richmond, 156 East
   First Street, New Richmond,
   Wisconsin 54017.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance'')


    Dated: July 21, 2003.
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response 
Directorate.
[FR Doc. 03-19249 Filed 7-28-03; 8:45 am]
BILLING CODE 6718-04-P