[Federal Register Volume 69, Number 3 (Tuesday, January 6, 2004)]
[Rules and Regulations]
[Pages 522-523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-157]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67


Final Flood Elevation Determinations

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

ACTION: Final rule.

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SUMMARY: Base (1% annual chance) Flood Elevations (BFEs) and modified 
BFEs are made final for the communities listed below. The BFEs and 
modified BFEs are the basis for the floodplain management measures that 
each 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).

EFFECTIVE DATES: The date of issuance of the Flood Insurance Rate Map 
(FIRM) showing BFEs and modified BFEs for each community. This date may 
be

[[Page 523]]

obtained by contacting the office where the maps are available for 
inspection as indicated on the table below.

ADDRESSES: The final 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 makes the final determinations listed 
below for the modified BFEs for each community listed. These modified 
elevations have been published in newspapers of local circulation and 
ninety (90) days have elapsed since that publication. The Mitigation 
Division Director of the Emergency Preparedness and Response 
Directorate has resolved any appeals resulting from this notification.
    This final rule is issued in accordance with section 110 of the 
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 
67.
    The Agency has developed criteria for floodplain management in 
floodprone areas in accordance with 44 CFR part 60.
    Interested lessees and owners of real property are encouraged to 
review the proof Flood Insurance Study and FIRM available at the 
address cited below for each community.
    The BFEs and modified BFEs are made final in the communities listed 
below. Elevations at selected locations in each community are shown.

National Environmental Policy Act

    This 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 rule is exempt from the 
requirements of the Regulatory Flexibility Act because final 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. No regulatory flexibility analysis 
has been prepared.

Regulatory Classification

    This final 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 rule involves no policies that have federalism implications 
under Executive Order 12612, Federalism, dated October 26, 1987.

Executive Order 12778, Civil Justice Reform

    This 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.

0
Accordingly, 44 CFR part 67 is amended as follows:

PART 67--[AMENDED]

0
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.  67.11  [Amended]

0
2. The tables published under the authority of Sec.  67.11 are amended 
as follows:

------------------------------------------------------------------------
                                                         Depth
                                                          in feet above
                                                             ground.
            Source of flooding and location               *Elevation in
                                                           feet (NGVD)
                                                        [sbull]Elevation
                                                         in feet (NAVD)
------------------------------------------------------------------------
                     MASSACHUSETTS
-------------------------------------------------------
 
  North Reading (Town), Middlesex County (FEMA Docket
                      No. D-7576)
 
Martins Brook:
  At Park Street......................................           * 74
  At outlet of Martins Pond...........................           * 80
Skug River:
  At confluence with Martins Pond.....................           * 80
  Approximately 150 feet upstream of the corporate               * 84
   limits.............................................
Martins Pond:
  At its outlet into Martins Brook....................           * 80
  At confluence of Skug River.........................           * 80
Bear Meadow Brook:
  At Haverhill Street.................................           * 72
  Approximately 1,125 feet upstream of Haverhill                 * 74
   Street.............................................
Maps available for inspection at the North Reading
 Town Hall, 235 North Street, North Reading,
 Massachusetts.
-------------------------------------------------------
 
                      NEW JERSEY
-------------------------------------------------------
 
Greenwich (Township), Warren County (FEMA Docket No. D-
                         7572)
 
Merrill Creek:
  Approximately 30 feet upstream of confluence with             * 262
   Pohatcong Creek....................................
  Approximately 150 feet downstream of North Main               * 337
   Street.............................................
Merrill Creek (Left Channel):
  At the downstream confluence with Merrill Creek.....          * 270
  Approximately 35 feet downstream from upstream                * 343
   confluence with Merrill Creek......................
Maps available for inspection at the Engineer's
 Office, 205 Route 31 North, Washington, New Jersey.
-------------------------------------------------------
 
                       NEW YORK
-------------------------------------------------------
 
Schuyler Falls (Town), Clinton County (FEMA Docket No.
                        D-7566)
Saranac River:
  At upstream corporate limits........................          * 736
  At downstream corporate limits......................          * 245
Maps available for inspection at the Schuyler Falls
 Town Office, 997 Mason Street, Schuyler Falls, New
 York.
 
 Victor (Village), Ontario County (FEMA Docket No. D-
                         7572)
Great Brook:
  At the downstream corporate limits..................          * 555
  Approximately 1,150 feet upstream of CONRAIL........          * 585
Maps available for inspection at the Victor Village
 Office, 60 East Main Street, Victor, New York.
------------------------------------------------------------------------


(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. 04-157 Filed 1-5-04; 8:45 am]
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