[Federal Register Volume 69, Number 3 (Tuesday, January 6, 2004)]
[Proposed Rules]
[Pages 584-586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-163]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-D-7580]


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 (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.

[[Page 585]]


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, (202) 646-
2903.

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.


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 (NGVD)
                State                      City/town/county                  Source of Flooding                                      Location                           [sbull]Elevation in feet
                                                                                                                                                                                 (NAVD)
                                                                                                                                                                       -------------------------
                                                                                                                                                                          Existing     Modified
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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.
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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.
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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.
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[[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. 04-163 Filed 1-5-04; 8:45 am]
BILLING CODE 9110-12-P