[Federal Register Volume 69, Number 242 (Friday, December 17, 2004)]
[Proposed Rules]
[Pages 75499-75500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27621]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-D-7610]


Proposed Flood Elevation Determinations

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

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.

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 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.

[[Page 75500]]

Sec.  67.4  [Amended]

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

----------------------------------------------------------------------------------------------------------------
                                                                                          <greek-i>Depth in feet
                                                                                              above ground.
                                                                                            *Elevation in feet
                                                     Source of                               (NGVD) <bullet>
            State              City/town/county      flooding            Location           Elevation in feet
                                                                                                  (NAVD)
                                                                                        ------------------------
                                                                                           Existing     Modified
----------------------------------------------------------------------------------------------------------------
Vermont......................  Hinesburg         LaPlatte River..  At the downstream     None          <bullet>3
                                (Town),                             corporate limit.                          19
                                Chittenden
                                County.
                                                                   Approximately 100     None          <bullet>3
                                                                    feet upstream of                          28
                                                                    Silver Street.
                                                 Patrick Brook...  At the confluence     None          <bullet>3
                                                                    with LaPlatte River.                      25
                                                                   Approximately 50      None          <bullet>3
                                                                    feet upstream of                          62
                                                                    the divergence of
                                                                    The Canal.
                                                 The Canal.......  At the dam            None          <bullet>3
                                                                    downstream of State                       46
                                                                    Route 116.
                                                                   At the divergence     None          <bullet>3
                                                                    from Patrick Brook.                       61
                                                 Unnamed.........  At the confluence     None          <bullet>3
                                                                    with Patrick Brook.                       35
                                                 Diversion         At the divergence     None          <bullet>3
                                                  Channel.          from The Canal.                          47
Maps available for inspection at the Hinesburg Town Hall, 10632 Route 116, Hinesburg, Vermont.
 
Send comments to Mr. Lynn Gardner, Chairman of the Town of Hinesburg Board of Selectmen, Hinesburg Town Hall,
 10632 Route 116, Hinesburg, Vermont 05461.
----------------------------------------------------------------------------------------------------------------
Vermont......................  Stowe (Town),     East Branch       At confluence with    <bullet>704   <bullet>7
                                Lamoille County.  Little River.     Little River.                             00
                                                                   At the confluence of  <bullet>725   <bullet>7
                                                                    Moss Glen and                             23
                                                                    Sterling Brooks.
                                                 Little River....  Approximately 1,240   <bullet>624   <bullet>6
                                                                    feet downstream of                        20
                                                                    Adams Dam.
                                                                   At the confluence of  <bullet>704   <bullet>7
                                                                    East and West                             00
                                                                    Branches of Little
                                                                    River.
                                                 Moss Glen Brook.  At the confluence     <bullet>725   <bullet>7
                                                                    with East Branch                          23
                                                                    Little River.
                                                                   Approximately 60      None          <bullet>7
                                                                    feet upstream of                          42
                                                                    Pucker Street
                                                                    (State Route 100).
                                                 Sterling Brook..  At the confluence     <bullet>725   <bullet>7
                                                                    with East Branch                          23
                                                                    Little River.
                                                                   Approximately 115     <bullet>756   <bullet>7
                                                                    feet upstream of                          52
                                                                    Moulton Lane.
                                                 West Branch       At the confluence     <bullet>704   <bullet>7
                                                  Little River.     with Little River.                        00
                                                                   Approximately 75      <bullet>959   <bullet>9
                                                                    feet upstream of                         56
                                                                    Mountain Road
                                                                    (State Route 108).
Maps available for inspection at the Stowe Town Hall, 67 Main Street, Stowe Vermont.
 
Send comments to Mr. Richard C. Marron, Chairman of the Town of Stowe Board of Selectmen, Stowe Town Hall, 67
 Main Street, Stowe, Vermont 05672.
----------------------------------------------------------------------------------------------------------------
Vermont......................  West Rutland      Clark Hill Brook  At the confluence     None          <bullet>4
                                (Town), Rutland                     with Clarendon                            97
                                County.                             River.
                                                                   Approximately 0.54    None          <bullet>6
                                                                    mile upstream of                          91
                                                                    Casella Lane.
                                                 Urban Lateral...  At the confluence     None          <bullet>4
                                                                    with Castleton                            84
                                                                    River.
                                                                   Approximately 0.24    None          <bullet>4
                                                                    mile upstream of                         92
                                                                    Millyard Culvert.
Maps available for inspection at the West Rutland Town Hall, 35 Marble Street, West Rutland, Vermont.
 
Send comments to Mr. Edward Gilman, Chairman of the Town of West Rutland Board of Selectmen, West Rutland Town
 Hall, 35 Marble Street, West Rutland, Vermont 05777.
----------------------------------------------------------------------------------------------------------------


(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance.'')

    Dated: December 8, 2004.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and 
Response Directorate.
[FR Doc. 04-27621 Filed 12-16-04; 8:45 am]
BILLING CODE 9110-12-P