[Federal Register Volume 70, Number 23 (Friday, February 4, 2005)]
[Proposed Rules]
[Pages 5956-5957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2115]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-D-7604]


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, (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

[[Page 5957]]

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                              *Elevation in feet
                                                                                                                                                                                 (NAVD)
                                                                                                                                                                       -------------------------
                                                                                                                                                                          Existing     Modified
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Massachusetts........................  Duxbury (Town), Plymouth  Massachusetts Bay........................  Approximately 1,000 feet southwest of the intersection of           *10          *11
                                        County.                                                              Plymouth Avenue and Bay Avenue.
                                                                                                            Approximately 250 feet east of the intersection of                  *19          *21
                                                                                                             Plymouth Avenue and Bay Avenue.
                                                                 Duxbury Bay/Bluefish River...............  Approximately 600 feet west of the intersection of River             *9          *10
                                                                                                             Lane and Washington Street.
                                                                 Massachusetts Bay/Kingston Bay...........  Approximately 500 feet southeast of the intersection of             *13          *11
                                                                                                             Loring Street and Bay Road.
                                                                                                            Approximately 850 feet south of the intersection of Bay             *14          *15
                                                                                                             Road and Landing Road.
                                                                 Duxbury Bay..............................  Approximately 500 feet south of the intersection of Powder          *14          *17
                                                                                                             Point Avenue and King Caesar Road.
                                                                 Massachusetts Bay/Duck Hill River/The      Approximately 1,000 feet north of the intersection of St.            *9         *11
                                                                  Marsh.                                     George Street and Strawberry Lane.
  Maps available for inspection at the Duxbury Town Hall, 878 Tremont Street, Duxbury, Massachusetts.
 
  Send comments to Mr. Rocco Longo, Duxbury Town Manager, 878 Tremont Street, Duxbury, Massachusetts 02332.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance'')

    Dated: January 28, 2005.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and 
Response Directorate.
[FR Doc. 05-2115 Filed 2-3-05; 8:45 am]
BILLING CODE 9110-12-P