[Federal Register: September 6, 2005 (Volume 70, Number 171)]
[Proposed Rules]
[Page 52961-52962]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06se05-29]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 67
[Docket No. FEMA-D-7632]
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
[[Page 52962]]
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 Elevation in feet (NAVD)
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Existing Modified
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Massachusetts........................ Quincy (City), Norfolk Weymouth Fore River...................... Approximately 760 feet south of Germantown Point.......... None 11
County.
Approximately 700 feet south of Germantown Point.......... None 14
Maps available for inspection at the Quincy City Hall, 1305 Hancock Street, Quincy, Massachusetts.
Send comments to The Honorable William J. Phelan, Mayor of the City of Quincy, 1305 Hancock Street, Quincy, Massachusetts 02169.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood
Insurance.'')
Dated: August 23, 2005.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and
Response Directorate.
[FR Doc. 05-17630 Filed 9-2-05; 8:45 am]
BILLING CODE 9110-12-P