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Proposed Rule

Proposed Flood Elevation Determinations

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Information about this document as published in the Federal Register.

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AGENCY:

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

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ACTION:

Proposed rule.

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.

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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.

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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.

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List of Subjects in 44 CFR Part 67

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Accordingly, 44 CFR part 67 is proposed to be amended as follows:

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PART 67—[AMENDED]

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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[Amended]

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)
ExistingModified
Pago PagoTerritory of American SamoaSouth Pacfic Ocean (Aunuu Island)Approximately 1,000 feet northwest of the center of Aunuu Village*2*10
Approximately 3,500 feet northeast of the center of Aunuu Village*2*18
South Pacific Ocean (Ofu Island)Approxiamtely 400 feet northwest of Nuupule RockNone*12
Approximately 550 feet northeast of Tuumuai PointNone*21
South Pacific Ocean (Olosega Island)Approxiamtely 1,300 feet northwest of Pouono PointNone*9
Approximately 770 feet southeast of Pouono PointNone*20
South Pacific Ocean (Tau Island)Approximately 1,000 feet northwest of the center of Faleasao VillageNone*14
Approximately 1,450 feet northeast of the center of Faleasao VillageNone*24
South Pacific Ocean (Tutuila Island)Approximately 300 feet southeast of the intersection of Highway 1 and Rainmaker Hotel Drive*4*5
Approximately 330 feet southeast of the center of Fagneanea Village*3*42
Maps available for inspection at the American Samoa Department of Public Works, American Samoa Government Center, Pago Pago, American Samoa.
Send comments to Mr. Taeaotui P. Tilei, American Samoa Department of Public Works Director, Public Works Department, Pago Pago, American Samoa 96799.
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(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”)

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Dated: September 14, 2005.

David I. Maurstad,

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

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[FR Doc. 05-18730 Filed 9-19-05; 8:45 am]

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