FR Doc 04-19010

[Federal Register: August 19, 2004 (Volume 69, Number 160)]
[Rules and Regulations]
[Page 51380-51382]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19au04-10]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket No. FEMA-D-7559]

Changes in Flood Elevation Determinations

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

ACTION: Interim rule.

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SUMMARY: This interim rule lists communities where modification of the
Base (1% annual chance) Flood Elevations (BFEs) is appropriate because
of new scientific or technical data. New flood insurance premium rates
will be calculated from the modified BFEs for new buildings and their
contents.

DATES: These modified BFEs are currently in effect on the dates listed
in the table and revise the Flood Insurance Rate Map(s) (FIRMs) in
effect prior to this determination for each listed community.
From the date of the second publication of these changes in a
newspaper of local circulation, any person has ninety (90) days in
which to request through the community that the Director reconsider the
changes. The modified elevations may be changed during the 90-day
period.

ADDRESSES: The modified BFEs for each community are available for
inspection

[[Page 51381]]

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: The modified BFEs are not listed for each
community in this interim rule. However, the address of the Chief
Executive Officer of the community where the modified BFE
determinations are available for inspection is provided.
Any request for reconsideration must be based upon knowledge of
changed conditions, or upon new scientific or technical data.
The modifications are made pursuant to section 201 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.
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 interim 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.

List of Subjects in 44 CFR Part 65

Flood insurance, floodplains, reporting and recordkeeping
requirements.

0
Accordingly, 44 CFR part 65 is amended to read as follows:

PART 65 --[AMENDED]

0
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 shown below:

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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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Alabama: Houston.................. City of Dothan....... May 13, 2004, May 20, The Honorable Chester L. May 5, 2004......... 010104 E
2004, The Dothan Sowell, III, Mayor of the
Eagle. City of Dothan, P.O. Box
2128, Dothan, Alabama
36302.
Alabama: Jefferson................ Unincorporated Areas. June 1, 2004, June 8, Mr. Larry Langford, September 7, 2004... 010217 E
2004, The Birmingham President of the
News. Jefferson County
Commission, 716 Richard
Arrington Jr. Boulevard
North, Birmingham,
Alabama 35203-0005.
Connecticut: Fairfield............ Town of Greenwich.... May 4, 2004, May 11, Mr. Jim Lash, Town of April 26, 2004...... 090008 C
2004, Greenwich Time. Greenwich First
Selectman, Town Hall, 101
Field Point Road,
Greenwich, Connecticut
06830.
Connecticut: Tolland.............. Town of Somers....... June 4, 2004, June Mr. David A. Pinney, Town May 27, 2004........ 090112 B
11, 2004, Journal of Somers First
Inquirer. Selectman, Somers Town
Hall, 600 Main Street,
Somers, Connecticut 06071.
Delaware: New Castle.............. Unincorporated Areas. May 10, 2004, May 17, Mr. Thomas P. Gordon, New August 16, 2004..... 105085 G
2004, The News Castle County Executive,
Journal. New Castle County
Government Center, 87
Reads Way, New Castle,
Delaware 19720.
Florida: Duval.................... City of Jacksonville. April 19, 2004, April The Honorable John Peyton, July 26, 2004....... 120077 E
26, 2004, The Mayor of the City of
Florida Times-Union. Jacksonville, City Hall
at St. James, 4th Floor,
117 West Duval Street,
Suite 400, Jacksonville,
Florida 32202.
Florida: Polk..................... Unincorporated Areas. April 20, 2004, April Mr. Michael Herr, Polk July 27, 2004....... 120261 F
27, 2004, The Ledger. County Manager, 330 West
Church Street, P.O. Box
9005, Drawer CS-10,
Bartow, Florida 33831-
9005.

[[Page 51382]]

Florida: Polk..................... Unincorporated Areas. June 14, 2004, June Mr. Michael Herr, Polk June 7, 2004........ 120261 F
21, 2004, The Ledger. County Manager, 330 West
Church Street, P.O. Box
9005, Drawer CA01,
Bartow, Florida 33831-
9005.
Georgia: Harris................... Unincorporated Areas. June 3, 2004, June Ms. Carol Silva, Harris May 25, 2004........ 130338 A
10, 2004, Harris County Manager, P.O. Box
County Journal. 365, Hamilton, Georgia
31811.
Georgia: Chatham.................. City of Savannah..... June 10, 2004, June The Honorable Otis S. June 3, 2004........ 135163 C
17, 2004, Savannah Johnson, Ph.D., Mayor of
Morning News. the City of Savannah,
P.O. Box 1027, Savannah,
Georgia 31402.
Illinois: DuPage.................. Village of Lisle..... June 7, 2004, June The Honorable Joseph September 13, 2004.. 170211 B
14, 2004, Daily Broda, Mayor of the
Herald. Village of Lisle, 925
Burlington Avenue, Lisle,
Illinois 60532-1838.
Kentucky.......................... Lexington-Fayette April 23, 2004, April The Honorable Teresa July 30, 2004....... 210067 C
Urban County 30, 2004, Lexington Isaac, Mayor of the
Government. Herald-Leader. Lexington-Fayette Urban
County Government, 200
East Main Street, 12th
Floor, Lexington-Fayette
Government Building,
Lexington, Kentucky 40507.
Maryland: Harford................. Unincorporated Areas. June 18, 2004, June Mr. James M. Harkins, September 24, 2004.. 240040 D
25, 2004, The Aegis. Harford County Executive,
220 South Main Street,
Bel Air, Maryland 21014.
Massachusetts: Barnstable......... Town of Falmouth..... April 23, 2004, April Mr. Robert L. Whritenour, April 16, 2004...... 255211 G
30, 2004, Cape Cod Jr., Falmouth Town
Times. Administrator, 59 Town
Hall Square, Falmouth,
Massachusetts 02540.
New Jersey: Camden................ Township of Winslow.. March 31, 2004, April The Honorable Sue Ann August 20, 2004..... 340148 B
7, 2004, The Jersey Metzner, Mayor of the
Journal. Township of Winslow, 125
South Route 73, Winslow,
New Jersey 08037.
North Carolina: Durham............ Unincorporated Areas. May 28, 2004, June 4, Mr. Michael M. Ruffin, May 21, 2004........ 370085 G
2004, The Herald-Sun. Durham County Manager,
200 East Main Street, 2nd
Floor, Durham, North
Carolina 27701.
North Carolina: Cumberland........ City of Fayetteville. May 6, 2004, May 13, Mr. Roger Stancil, August 13, 2004..... 370077 B
2004, Fayetteville Fayetteville City
Observer. Manager, P.O. Box 1846,
Fayetteville, North
Carolina 28301.
Puerto Rico....................... Commonwealth......... May 14, 2004, May 21, The Honorable Sila M. May 5, 2004......... 720000 C
2004, The San Juan Calderon, Governor of the
Star. Commonwealth of Puerto
Rico, Office of the
Governor, P.O. Box
9020082, San Juan, Puerto
Rico 00902-0082.
South Carolina: Richland.......... Unincorporated Areas. April 20, 2004, April Mr. T. Cary McSwain, July 27, 2004....... 450170 H
27, 2004, The State. Richland County
Administrator, 2020
Hampton Street, P.O. Box
192, Columbia, South
Carolina 29202.
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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. 04-19010 Filed 8-18-04; 8:45 am]

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