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Proposed Rule

Proposed Flood Elevation Determinations

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Federal Emergency Management Agency, FEMA.


Proposed rule.


Technical information or comments are requested on the proposed base (1% annual chance) flood elevations and proposed base flood elevation modifications for the communities listed below. The base flood elevations 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).


The comment period is ninety (90) days following the second publication of this proposed rule in a newspaper of local circulation in each community.


The proposed base flood elevations 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 following table.

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Matthew B. Miller, P.E., Chief, Hazards Study Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-3461, or (e-mail)

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The Federal Emergency Management Agency (FEMA or Agency) 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 base flood elevations, 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 Administrator, Federal Insurance and Mitigation Administration, certifies that this proposed rule is exempt from the requirements of the Regulatory Flexibility Act because proposed or modified base flood elevations 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.

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List of Subjects in 44 CFR Part 67

  • Administrative practice and procedure
  • Flood insurance
  • Reporting and recordkeeping requirements
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Accordingly, 44 CFR Part 67 is proposed to be amended as follows:

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1. The authority citation for Part 67 continues to read as follows:

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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.

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2. The tables published under the authority of § 67.4 are proposed to be amended as follows:

StateCity/town/countySource of floodingLocation# Depth in feet above ground. * Elevation in feet (NGVD) • Elevation in feet (NAVD)
ConnecticutNewtown (Town), Fairfield CountyPond BrookApproximately 850 feet downstream of Currituck RoadNone*331
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Approximately 440 feet upstream of U.S. Route 6None*403
Maps available for inspection at Edmond Town Hall, 45 Main Street, Newtown, Connecticut.
Send comments to Mr. Robert Rosenthal, Town of Newtown First Selectman, 45 Main Street, Newtown, Connecticut 06470.
MaineNewry (Town), Oxford CountySunday RiverAt downstream corporate limitsNone*648
At upstream corporate limitsNone*845
Barkers BrookAt the confluence with Sunday RiverNone*651
A point approximately 240 feet upstream of Broadway DriveNone*1,112
Maps available for inspection at the Newry Town Hall, 422 Bear River Road, Newry Maine.
Send comments to Mr. Stephen Wight, Chairman of the Town of Newry Board of Selectmen, 422 Bear River Road, Newry, Maine 04261.
New JerseyEstell Manor (City), Atlantic CountyTuckahoe RiverApproximately 0.7 mile upstream of Cumberland AvenueNone*56
At State Route 49None*22
Great Egg HarborAt the confluence of Great Egg Harbor River and South RiverNone*9
Maps available for inspection at the Estell Manor City Municipal Building, 148 Cumberland Avenue, Estell Manor, New Jersey.
Send commments to The Honorable Gary Buck, Mayor of the City of Estell Manor, P.O. Box 102, 148 Cumberland Avenue, Estell Manor, New Jersey 08319.
TennesseeRockwood (City), Roane CountyNorth Fork Black CreekApproximately 300 feet downstream of South Front Avenue*875*872
Approximately 200 feet upstream of South Lenoir Avenue*885*882
East Fork Black CreekAt the upstream side of West Wheeler Street*879*880
Approximately 380 feet upstream of North Front Avenue*915*912
Black Creek SideAt the confluence with Black Creek*868*866
ChannelAt the divergence from North Fork Black Creek*875*872
Black CreekApproximately 1,580 feet upstream of U.S. Route 70*858*854
Approximately 220 feet upstream of West Rockwood Street877*878
Middle Fork Black CreekApproximatley 140 feet downstream of North Chamberlain Avenue*879*878
Approximately 2,420 feet upstream of Strang StreetNone*924
Maps available for inspection at the City Hall Building, 110 North Chamberlain Avenue, Rockwood, Tennessee 37854.
Send comments to The Honorable Mike Miller, Mayor of the City of Rockwood, 110 North Chamberlain Avenue, Rockwood, Tennessee 37854.

(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance”)

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Dated: September 30, 2002.

Anthony S. Lowe,

Administrator, Federal Insurance and Mitigation Administration.

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[FR Doc. 02-25960 Filed 10-10-02; 8:45 am]