[Federal Register Volume 70, Number 135 (Friday, July 15, 2005)]
[Proposed Rules]
[Pages 40955-40956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13925]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-D-7624]


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.

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 elevations 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:

[[Page 40956]]



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                                                                                                                                                                         Depth in feet
                                                                                                                                                                        above ground. *Elevation
                                                                                                                                                                             in feet (NGVD)
               State                           City/town/county                   Source of flooding                                  Location                            Elevation in
                                                                                                                                                                               feet (NAVD)
                                                                                                                                                                       -------------------------
                                                                                                                                                                          Existing     Modified
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Massachusetts......................  Marshfield (Town), Plymouth County.  Massachusetts Bay, Duxbury Marsh..  Approximately 300 feet southwest of the intersection of            *9          *10
                                                                                                               Careswell Street and Colby Hewitt Lane.
                                                                                                              Approximately 1,700 feet southeast of the intersection            *11          *13
                                                                                                               of Careswell Street and Colby Hewitt Lane.
                                                                          Massachusetts Bay.................  Approximately 1,500 feet north of the intersection of             *10          *11
                                                                                                               Bay Street and Canal Street.
                                                                                                              Approximately 896 feet east of the intersection of Cove           *15          *23
                                                                                                               Street and Central Street.
                                                                          Massachusetts Bay, Green Harbor     Approximately 400 feet west of the intersection of               None          *10
                                                                           River.                              Meetinghouse Lane and Stagecoach Drive.
                                                                          Massachusetts Bay.................  At the intersection of Hancock Street and Ashburton              None   2
                                                                                                               Avenue.
 
   Maps available for inspection at the Marshfield Town Hall, Building Department, 870 Moraine Street, Marshfield, Massachusetts.
 
  Send comments to Mr. Gregory D. Owen, Chairman of the Town of Marshfield Board of Selectmen, 870 Moraine Street, Marshfield, Massachusetts 02050.
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Saipan.............................  Northern Mariana Islands             Philippine Sea....................  Approximately 2.07 miles east of Tatachok Point.........         None          *16
                                      (Commonwealth).
                                                                                                              Approximately 1.36 miles northeast of Songsong..........         None          *70
                                                                          Sasanhaya Bay.....................  Approximately 1.2 miles southwest of the center of               None          *69
                                                                                                               Songsong.
                                                                                                              A point in Songsong, approximately 1,440 feet southwest          None          *25
                                                                                                               of the center of Songsong.
 
   Maps available for inspection at the Commonwealth of the Northern Mariana Islands Department of Public Works, Building Safety Code Division, 2nd Floor, Joeten Commercial Building, Gualo
   Rai, Saipan, Marianas Province.
 
  Send comments to The Honorable Juan N. Babauta, Governor of the Commonwealth of the Northern Mariana Islands, Juan S. Atalig Memorial Building, Isa Drive, Capital Hill, Saipan, Marianas
   Province 96950.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance.'')

    Dated: July 7, 2005.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and 
Response Directorate.
[FR Doc. 05-13925 Filed 7-14-05; 8:45 am]
BILLING CODE 9110-12-P