
[Federal Register: August 3, 2009 (Volume 74, Number 147)]
[Proposed Rules]               
[Page 38386-38388]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03au09-20]                         

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1058]

 
Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule.

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

SUMMARY: Comments are requested on the proposed Base (1% annual-chance) 
Flood Elevations (BFEs) and proposed BFE modifications for the 
communities listed in the table below. The purpose of this notice is to 
seek general information and comment regarding the proposed regulatory 
flood elevations for the reach described by the downstream and upstream 
locations in the table below. The BFEs and modified BFEs are a part of 
the floodplain management measures that the community is required 
either to adopt or show evidence of having in effect in order to 
qualify or remain qualified for participation in the National Flood 
Insurance Program (NFIP). In addition, these elevations, once 
finalized, will be used by insurance agents, and others to calculate 
appropriate flood insurance premium rates for new buildings and the 
contents in those buildings.

DATES: Comments are to be submitted on or before November 2, 2009.

ADDRESSES: The corresponding preliminary Flood Insurance Rate Map 
(FIRM) for the proposed BFEs for each community is available for 
inspection at the community's map repository. The respective addresses 
are listed in the table below.
    You may submit comments, identified by Docket No. FEMA-B-1058, to 
William R. Blanton Jr., Chief, Engineering Management Branch, 
Mitigation Directorate, Federal Emergency Management Agency, 500 C 
Street, SW., Washington, DC 20472, (202) 646-3151, or (e-mail) 
bill.blanton@dhs.gov.

FOR FURTHER INFORMATION CONTACT: William R. Blanton Jr., Chief, 
Engineering Management Branch, Mitigation Directorate, Federal 
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, 
(202) 646-3151, or (e-mail) bill.blanton@dhs.gov.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency 
(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 BFEs 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.
    Comments on any aspect of the Flood Insurance Study and FIRM, other 
than the proposed BFEs, will be considered. A letter acknowledging 
receipt of any comments will not be sent.
    National Environmental Policy Act. This proposed rule is 
categorically excluded from the requirements of 44 CFR part 10, 
Environmental Consideration. An environmental impact assessment has not 
been prepared.
    Regulatory Flexibility Act. As flood elevation determinations are 
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Executive Order 12866, Regulatory Planning and Review. This 
proposed rule is not a significant regulatory action under the criteria 
of section 3(f) of Executive Order 12866, as amended.
    Executive Order 13132, Federalism. This proposed rule involves no 
policies that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This proposed rule 
meets the applicable standards of Executive Order 12988.

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:


[[Page 38387]]


    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.


Sec.  67.4  [Amended]

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

----------------------------------------------------------------------------------------------------------------
                                                                  * Elevation in feet
                                                                (NGVD)  + Elevation in
                                                                feet  (NAVD)  
                                                                 Depth in feet  above
         Flooding source(s)            Location of referenced       ground  [caret]        Communities affected
                                            elevation**          Elevation in  meters
                                                                         (MSL)
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                              Barnstable County, Massachusetts (All Jurisdictions)
----------------------------------------------------------------------------------------------------------------
Atlantic Ocean......................  Along the shoreline at            +9          +14  Town of Chatham, Town
                                       the south end of Ocean                             of Eastham, Town of
                                       View Drive.                                        Orleans, Town of
                                                                                          Provincetown, Town of
                                                                                          Truro.
                                      Along the shoreline,             +12          +14
                                       approximately 1,200
                                       feet south of the
                                       projection of Beach
                                       Road.
Buzzards Bay........................  Along the shoreline,             +18          +21  Town of Falmouth.
                                       approximately 130 feet
                                       west of the
                                       intersection of County
                                       Road and Pine Bank
                                       Road.
Cape Cod Bay........................  Along the shoreline at          None           +9  Town of Provincetown,
                                       the intersection of                                Town of Barnstable,
                                       Commercial Street and                              Town of Brewster, Town
                                       Conway Street.                                     of Sandwich, Town of
                                                                                          Truro, Town of
                                                                                          Wellfleet.
                                      Along the shoreline at          None          +17
                                       the intersection of
                                       Ellis Landing Road and
                                       Captain Dunbar Road.
Nantucket Sound.....................  Along the shoreline              +10          +14  Town of Barnstable,
                                       approximately 550 feet                             Town of Chatham, Town
                                       south of the                                       of Dennis, Town of
                                       intersection of Chase                              Harwich, Town of
                                       Avenue and Belmont                                 Yarmouth.
                                       Road.
                                      Along the shoreline,            None          +15
                                       approximately 750 feet
                                       west of the Parker's
                                       River western jetty.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES
Town of Barnstable
Maps are available for inspection at the Town Hall, 367 Main Street, Hyannis, MA 02649.

Town of Brewster
Maps are available for inspection at the Town Hall, 2198 Main Street, Brewster, MA 02631.

Town of Chatham
Maps are available for inspection at the Town Hall, 549 Main Street, Chatham, MA 02633.

Town of Dennis
Maps are available for inspection at the Town Hall, 485 Main Street, South Dennis, MA 02660.

Town of Eastham
Maps are available for inspection at the Town Hall, 2500 State Highway, Eastham, MA 02642.

Town of Falmouth
Maps are available for inspection at the Town Hall, 59 Town Hall Square, Falmouth, MA 02540.

Town of Harwich
Maps are available for inspection at the Town Hall, 732 Main Street, Harwich, MA 02645.

Town of Orleans
Maps are available for inspection at the Town Hall, 19 School Road, Orleans, MA 02653.

Town of Provincetown
Maps are available for inspection at the Town Hall, 260 Commercial Street, Provincetown, MA 02657.

Town of Sandwich
Maps are available for inspection at the Town Hall, 130 Main Street, Sandwich, MA 02563.

Town of Truro
Maps are available for inspection at the Town Hall, 24 Town Hall Road, Truro, MA 02666.


[[Page 38388]]


Town of Wellfleet
Maps are available for inspection at the Town Hall, 300 Main Street, Wellfleet, MA 02667.

Town of Yarmouth
Maps are available for inspection at the Town Hall, 1146 Route 28, South Yarmouth, MA 02664.
----------------------------------------------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')

    Dated: July 23, 2009.
Deborah S. Ingram,
Acting Deputy Assistant Administrator for Mitigation, Mitigation 
Directorate, Department of Homeland Security, Federal Emergency 
Management Agency.
[FR Doc. E9-18407 Filed 7-31-09; 8:45 am]

BILLING CODE 9110-12-P
