[Federal Register: November 17, 2003 (Volume 68, Number 221)]
[Proposed Rules]
[Page 64844-64845]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17no03-21]
[[Page 64844]]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 67
[Docket No. FEMA-D-7576]
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 base
flood elevations and modified base flood elevations 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)
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Existing Modified
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Massachusetts........................ North Reading (Town), Martins Brook............................ At Park Street............................................ *71 *74
Middlesex County. At outlet of Martins Pond................................. *83 *80
Skug River............................... At confluence with Martins Pond........................... *83 *80
Approximately 150 feet upstream of the corporate limits... *83 *84
Martins Pond............................. At its outlet into Martins Brook.......................... *83 *80
At confluence of Skug River............................... *83 *80
Bear Meadow.............................. At Haverhill Street....................................... None *72
Brook.................................... Approximately 1,125 feet upstream of Haverhill Street..... None *74
Maps available for inspection at the North Reading Town Hall, 235 North Street, North Reading, Massachusetts.
Send comments to Mr. James P. Muldoon, Chairman of the Town of North Reading Board of Selectmen, North Reading Town Hall, 235 North Street, North Reading, Massachusetts 01864.
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[[Page 64845]]
(Catalog of Federal Domestic Assistance No. 83.100, ``Flood
Insurance'')
Dated: November 5, 2003.
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response
Directorate.
[FR Doc. 03-28633 Filed 11-14-03; 8:45 am]
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