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Proposed Rule

Proposed Flood Elevation Determinations

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Information about this document as published in the Federal Register.

Published Document

This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

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Federal Emergency Management Agency (FEMA), Emergency Preparedness and Response Directorate, Department of Homeland Security.


Proposed rule.


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).


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 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.

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Doug Bellomo, P.E., Hazard Identification Section, Emergency Preparedness and Response Directorate, FEMA, 500 C Street SW., Washington, DC 20472, (202) 646-2903.

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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.

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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: Start Printed Page 40956

StateCity/town/countySource of floodingLocation#Depth in feet above ground. *Elevation in feet (NGVD) •Elevation in feet (NAVD)
MassachusettsMarshfield (Town), Plymouth CountyMassachusetts Bay, Duxbury MarshApproximately 300 feet southwest of the intersection of Careswell Street and Colby Hewitt Lane*9*10
Approximately 1,700 feet southeast of the intersection of Careswell Street and Colby Hewitt Lane*11*13
Massachusetts BayApproximately 1,500 feet north of the intersection of Bay Street and Canal Street*10*11
Approximately 896 feet east of the intersection of Cove Street and Central Street*15*23
Massachusetts Bay, Green Harbor RiverApproximately 400 feet west of the intersection of Meetinghouse Lane and Stagecoach DriveNone*10
Massachusetts BayAt the intersection of Hancock Street and Ashburton AvenueNone#2
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.
SaipanNorthern Mariana Islands (Commonwealth)Philippine SeaApproximately 2.07 miles east of Tatachok PointNone*16
Approximately 1.36 miles northeast of SongsongNone*70
Sasanhaya BayApproximately 1.2 miles southwest of the center of SongsongNone*69
A point in Songsong, approximately 1,440 feet southwest of the center of SongsongNone*25
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.

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

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Dated: July 7, 2005.

David I. Maurstad,

Acting Director, Mitigation Division, Emergency Preparedness and Response Directorate.

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[FR Doc. 05-13925 Filed 7-14-05; 8:45 am]