FR Doc 04-19008

[Federal Register: August 19, 2004 (Volume 69, Number 160)]
[Rules and Regulations]
[Page 51373-51375]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19au04-8]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

Changes in Flood Elevation Determinations

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

ACTION: Final rule.

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SUMMARY: Modified Base (1% annual chance) Flood Elevations (BFEs) are
finalized for the communities listed below. These modified elevations
will be used to calculate flood insurance premium rates for new
buildings and their contents.

EFFECTIVE DATES: The effective dates for these modified BFEs are
indicated on the following table and revise the Flood Insurance Rate
Map(s) (FIRMs) in effect for each listed community prior to this date.

ADDRESSES: The modified 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 makes the final determinations listed
below of modified BFEs for each community listed. These modified
elevations have been published in newspapers of local circulation and
ninety (90) days have elapsed since that publication. The Mitigation
Division Director of the Emergency Preparedness and Response
Directorate has resolved any appeals resulting from this notification.
The modified BFEs are not listed for each community in this notice.
However, this rule includes the address of the Chief Executive Officer
of the community where the modified base flood elevation determinations
are available for inspection.
The modifications are made pursuant to section 206 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR part 65.
For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
The modified BFEs are the basis for the floodplain management
measures that the community is required to either adopt or to show
evidence of being already in effect in order to qualify or to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
These modified 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 modified 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.
The changes in BFEs are in accordance with 44 CFR 65.4.
National Environmental Policy Act. This 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
rule is exempt from the requirements of the Regulatory Flexibility Act
because modified BFEs are required by the Flood Disaster Protection Act
of 1973, 42 U.S.C. 4105, and are required to maintain community
eligibility in the NFIP. No regulatory flexibility analysis has been
prepared.
Regulatory Classification. This final 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 rule involves no policies
that have federalism implications under Executive Order 12612,
Federalism, dated October 26, 1987.
Executive Order 12778, Civil Justice Reform. This rule meets the
applicable standards of section 2(b)(2) of Executive Order 12778.

[[Page 51374]]

List of Subjects in 44 CFR Part 65

Flood insurance, floodplains, reporting and recordkeeping
requirements.

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Accordingly, 44 CFR Part 65 is amended to read as follows:

PART 65--[AMENDED]

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1. The authority citation for part 65 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.

Sec. 65.4 [Amended]

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2. The tables published under the authority of Sec. 65.4 are amended
as follows:

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Dates and name of
State and county Location newspaper where Chief Executive Officer of Effective date of Community number
notice was published community modification
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Florida: Duval (FEMA Docket No. D- City of Jacksonville. November 21, 2003, The Honorable John Peyton, November 10, 2003... 120077 E
7549). November 28, 2003, Mayor of the City of
The Florida Times- Jacksonville, 4th Floor,
Union. City Hall at St. James,
117 West Duval Street,
Suite 400, Jacksonville,
Florida 32202.
Florida: Walton (FEMA Docket No. D- Unincorporated Areas. January 1, 2004, Mr. Larry Jones, Chairman April 8, 2004....... 120317 F
7553). January 8, 2004, of the Walton County
Defuniak Springs Board of Commissioners,
Herald-Breeze. P.O. Drawer 1355,
Defuniak Springs, Florida
32435.
Georgia: Gwinnett (FEMA Docket No. Unincorporated Areas. January 8, 2004, Mr. F. Wayne Hill, December 29, 2003... 130322 C
D-7551). January 15, 2004, Chairman of the Gwinnett
Gwinnett Daily Post. County Board of
Commissioners, Justice
and Administration
Center, 75 Langley Drive,
Lawrenceville, Georgia
30045.
Georgia: Bibb and Jones (FEMA City of Macon and December 31, 2003, The Honorable C. Jack April 7, 2004....... 130011 E
Docket No. D-7551). Bibb County. January 7, 2004, The Ellis, Mayor of the City
Macon Telegraph. of Macon, 700 Poplar
Street, Macon, Georgia
31201.
Georgia: Oconee (FEMA Docket No. D- City of Watkinsville. December 4, 2003, The Honorable W. B. May 20, 2004........ 130369 A
7549). December 11, 2003, Hardigree, Mayor of the
Oconee Enterprise. City of Watkinsville,
P.O. Box 27,
Watkinsville, Georgia
31827.
Massachusetts: Middlesex (FEMA Town of Andover...... December 9, 2003, Mr. Reginald S. March 16, 2004...... 250076 B
Docket No. D-7551). December 16, 2003, Stapczynski, Manager of
The Eagle-Tribune. the Town of Andover,
Andover Town Office, 36
Bartlet Street, Andover,
Massachusetts 01810.
Massachusetts: Middlesex (FEMA Town of Wilmington... December 9, 2003, Mr. Michael Caira, Manager March 16, 2004...... 250227 C&D
Docket No. D-7551). December 16, 2003, of the Town of
The Sun. Wilmington, Wilmington
Town Hall, 121 Glen Road,
Wilmington, Massachusetts
01887.
Mississippi: DeSoto (FEMA Docket City of Southaven.... January 1, 2004, The Honorable Charles G. April 8, 2004....... 280331 F
No. D-7553). January 8, 2004, The Davis, Mayor of the City
DeSoto County of Southaven, 8710
Tribune. Northwest Drive,
Southaven, Mississippi
38671.
New Jersey: Union (FEMA Docket No. Borough of Roselle... November 14, 2003, The Honorable Joseph E. February 20, 2004... 340472 A
D-7549). November 21, 2003, Croteau, Mayor of the
Home News Tribune. Borough of Roselle, 210
Chestnut Street, Roselle,
New Jersey 07203.
North Carolina: Gaston (FEMA City of Belmont...... December 8, 2003, The Honorable Billy W. December 1, 2003.... 370320 E
Docket No. D-7551). December 15, 2003, Joye, Jr., Mayor of the
The Gaston Gazette. City of Belmont, P.O. Box
431, Belmont, North
Carolina 28012.
North Carolina: Gaston (FEMA Unincorporated Areas. December 8, 2003, Mr. Jan Winters, Gaston December 1, 2003.... 370099 E
Docket No. D-7551). December 15, 2003, County Manager, P.O. Box
The Gaston Gazette. 1578, Gastonia, North
Carolina 28053.
North Carolina: Gaston (FEMA City of Mount Holly.. December 8, 2003, The Honorable Robert December 1, 2003.... 370102 E
Docket No. D-7551). December 15, 2003, Black, Mayor of the City
The Gaston Gazette. of Mount Holly, P.O. Box
406, Mount Holly, North
Carolina 28120.
Pennsylvania: Lebanon (FEMA Docket City of Lebanon...... January 2, 2004, The Honorable Robert A. April 9, 2004....... 420573 B
No. D-7551). January 9, 2004, Anspach, Mayor of the
Lebanon Daily News. City of Lebanon, 400
South Eight Street,
Lebanon, Pennsylvania
17042.
Pennsylvania: Lebanon (FEMA Docket Township of South January 2, 2004, Mr. Curtis Kulp, Township April 9, 2004....... 420581 C
No. D-7551). Lebanon. January 9, 2004, of South Lebanon Manager,
Lebanon Daily News. 1800 South Fifth Avenue,
Lebanon, Pennsylvania
17042.
Pennsylvania: Montgomery (FEMA Township of December 17, 2003, Mr. Donald Berger, December 10, 2003... 425388 E
Docket No. D-7551). Springfield. December 24, 2003, Township of Springfield
Ambler Gazette. Manager, 1510 Papermill
Road, Wyndmoor,
Pennsylvania 19118.

[[Page 51375]]

Pennsylvania: Montgomery (FEMA Township of Upper December 17, 2003, Mr. Paul Leonard, Township December 10, 2003... 420708 E
Docket No. D-7551). Dublin. December 24, 2003, of Upper Dublin Manager,
Ambler Gazette. 801 Loch Alsh Avenue,
Fort Washington,
Pennsylvania 19304.
Pennsylvania: Montgomery (FEMA Township of December 17, 2003, Mr. Lawrence J. Gregan, December 10, 2003... 420712 E
Docket No. D-7551). Whitemarsh. December 24, 2003, Township of Whitemarsh
Times Herald. Manager, 616 Germantown
Pike, Lafayette Hill,
Pennsylvania 19444-1821.
South Carolina: Horry (FEMA Docket Unincorporated Areas. December 29, 2003, Mr. Danny Knight, Horry December 22, 2003... 450104 H
No. D-7551). January 5, 2004, The County Administrator,
Sun News. P.O. Box 1236, Conway,
South Carolina 29528.
Tennessee: Rutherford (FEMA Docket City of LaVergne..... January 5, 2004, The Honorable Mike Webb, December 29, 2003... 470167 E
No. D-7551). January 12, 2004, Mayor of the City of
The Daily News LaVergne, 5093
Journal. Murfreesboro Road,
LaVergne, Tennessee 37086.
Virginia: Fauquier (FEMA Docket Unincorporated Areas. January 8, 2004, Mr. G. Robert Lee, December 23, 2003... 510055 A
No. D-7551). January 15, 2004, Fauquier County
Fauquier Citizen. Administrator, 40
Culpeper Street,
Warrenton, Virginia 20186.
Wisconsin: Dane (FEMA Docket No. D- Unincorporated Areas. November 20, 2003, Ms. Kathleen Falk, Dane February 26, 2004... 550077 F
7551). November 27, 2003, County Executive, City-
Wisconsin State County Building, Room
Journal. 421, 210 Martin Luther
King, Jr., Boulevard,
Madison, Wisconsin 53709.
Wisconsin: Dane (FEMA Docket No. D- Village of Mazomanie. November 20, 2003, Mr. Jeff Wirth, Mazomanie February 26, 2004... 550085 F
7551). November 27, 2003, Village President, 133
News-Sickle-Arrow. Crescent Street,
Mazomanie, Wisconsin
53560.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood
Insurance.'')

Dated: August 10, 2004.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and
Response Directorate.
[FR Doc. 04-19008 Filed 8-18-04; 8:45 am]

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