03-609. Proposed Flood Elevation Determinations

AGENCY:

Federal Emergency Management Agency, FEMA.

ACTION:

Proposed rule.

SUMMARY:

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).

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 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.

FOR FURTHER INFORMATION CONTACT:

Michael M. Grimm, Acting Chief, Hazard Study Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, [phone], or (email) [e-mail].

SUPPLEMENTARY INFORMATION:

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.

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.

§ 67.4

[Amended]

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

State	City/town/county	Source of flooding	Location	#Depth in feet above ground. *Elevation in feet (NGVD) • Elevation in feet (NAVD)
				Existing	Modified
Massachusetts	Chelmsford (Town), Middlesex County	River Meadow Brook	Downstream corporate limit	*103	*105
			Approximately 20 feet upstream of Mill Road	*115	*117
		Putnam Brook	At confluence with River Meadow Brook	*111	*112
			Approximately 560 feet above confluence with River Meadow Brook	*111	*112
Maps available for inspection at the Chelmsford Town Office, 50 Billerica Road, Chelmsford, Massachusetts.
Send comments to Mr. William Dalton, Chairman of the Town of Chelmsford Board of Selectmen, 50 Billerica Road, Chelmsford, Massachusetts 01824-2777.
Mississippi	Monticello (Town), Lawrence County	Runnels Creek	At confluence with Pearl River	None	*192
			Just downstream of Thomas E. Jolly Drive	None	*205
		Runnels Creek Tributary A.	At confluence with Runnels Creek	None	*201
			Approximately 1,125 feet upstream of Graham Road	None	*204
		Runnels Creek Tributary B.	At confluence with Tributary A	None	*202
			Just downstream of State Route 27	None	*214
		Runnels Creek Tributary C.	At confluence with Tributary B	None	*206
			Just downstream of Thomas E. Jolly Drive	None	*212
Maps available for inspection at the Monticello Town Hall, 202 Jefferson Street, Monticello, Mississippi.
Send comments to The Honorable Dave Nichols, III, Mayor of the Town of Monticello, P.O. Box 822, Monticello, Mississippi 39654.
Pennsylvania	College (Township), Centre County.	Cedar Run	Approximately 60 feet downstream of the confluence with Spring Creek	None	*1,036
			At upstream corporate limits	None	*1,078
Maps available for inspection at the College Township Municipal Building, 1481 East College Avenue, State College, Pennsylvania.
Send comments to Mr. Adam Brumbaugh, College Township Manager, 1481 East College Avenue, State College, Pennsylvania 16801.
Pennsylvania	Harris (Township), Centre County	Cedar Run	Approximately 2,680 feet downstream of the railroad	None	*1,078
			Approximately 125 feet upstream of Rock Hill Road	None	*1,114
		Mackey's Run	At the confluence with Cedar Run	None	*1,105
			Approximately 217 feet upstream of Rock Hill Road	None	*1,108
		Spring Creek	At the corporate limits, coincident with Mary Elizabeth Street	*1,054	*1,056
Maps available for inspection at the Harris Township Municipal Office, 224 East Main Street, Boalsburg, Pennsylvania.
Send comments to Mr. Joseph Chesworth, Chairperson of the Township of Harris, P.O. Box 20, Boalsburg, Pennsylvania 16827.

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

Dated: December 31, 2002.

Anthony S. Lowe,

Administrator, Federal Insurance and Mitigation Administration.