[Federal Register Volume 70, Number 23 (Friday, February 4, 2005)]
[Rules and Regulations]
[Pages 5937-5938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2123]


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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 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,

[[Page 5938]]

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)
                                                       Elevation
                                                         in feet (NAVD)
------------------------------------------------------------------------
                    New Hampshire
------------------------------------------------------
  Dover (City), Strafford County (FEMA Docket No. D-
                        7580)
 
Boston Harbor:
  At a point immediately downstream of Scammel Bridge             *7
  Approximately 100 feet east of northbound lane of               *7
   Spaulding Turnpike bridge.........................
Maps available for inspection at the Dover City
 Office, 288 Central Avenue, Dover, New Hampshire.
------------------------------------------------------
 
                    WEST VIRGINIA
------------------------------------------------------
 McDowell County (Unincorporated Areas) (FEMA Docket
                     No. D-7600)
 
Clear Fork:
  Approximately 4,800 feet downstream of County Route         *1,409
   2.................................................
  At the confluence with Wolfpen Branch..............         *1,479
Wolfpen Branch:
  At the confluence with Clear Fork..................         *1,479
  Approximately 4,440 feet upstream of the confluence         *1,551
   with Clear Fork...................................
Maps available for inspection at the McDowell County
 Redevelopment Authority, 90 Wyoming Street, Suite
 205, Welch, West Virginia.
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(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. 05-2123 Filed 2-3-05; 8:45 am]
BILLING CODE 9110-12-P