FR Doc 04-5244

[Federal Register: March 9, 2004 (Volume 69, Number 46)]
[Rules and Regulations]
[Page 10923-10924]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09mr04-8]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket No. FEMA-D-7553]

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 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.

[[Page 10924]]

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.

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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 shown below:

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Dates and name of
newspaper where Chief executive officer
State and county Location notice was of community Effective date of modification community number
published
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Alabama: Houston................ City of Dothan..... Jan. 28, 2004, Feb. The Honorable Chester L. May 5, 2004................... 010404 E
4, 2004, The Sowell, III, Mayor of
Dothan Eagle. the City of Dothan,
P.O. Box 2128, Dothan,
Alabama 36302.
Florida:
Orange...................... Unincorporated Jan. 28, 2004, Feb. Dr. M. Krishnamurthy, May 5, 2004................... 120179 E
Areas. 4, 2004, The P.E., Manager of the
Orlando Sentinel. Orange County
Stormwater Management
Division, 4200 South
John Young Parkway,
Orlando, Florida 32839.
Walton...................... Unincorporated Jan. 1, 2004, Jan. Mr. Larry Jones, April 8, 2004................. 120317 F
Areas. 8, 2004, Defuniak Chairman of the Walton
Springs Herald- County Board of
Breeze. Commissioners, P.O.
Drawer 1355, Defuniak
Springs, Florida 32435.
Maryland: Howard................ Unincorporated Jan. 15, 2004, Jan. Mr. James N. Robey, April 22, 2004................ 240044 B
Areas. 22, 2004, The Howard County
Howard County Executive, 3430
Times. Courthouse Drive,
Ellicott City, Maryland
21043.
Mississippi: DeSoto............. City of Southaven.. Jan. 1, 2004, Jan. The Honorable Charles G. April 8, 2004................. 280331 F
8, 2004, The Davis, Mayor of the
DeSoto County City of Southaven, 8710
Tribune. Northwest Drive,
Southaven, Mississippi
38671.
Pennsylvania: Lehigh............ Township of South Feb. 9, 2004, Feb. Mr. Gerald Gasda, Jan. 28, 2004................. 420593 D
Whitehall. 16, 2004, The Township of South
Morning Call. Whitehall Manager, 4444
Walbert Avenue,
Allentown, Pennsylvania
18104.
Puerto Rico..................... Commonwealth....... Jan. 20, 2004, Jan. The Honorable Sila M. April 27, 2004................ 720000 C
27, 2004, The San Calderon, Government of
Juan Star. the Commonwealth of
Puerto Rico, Office of
the Governor, P.O. Box
9020082, San Juan,
Puerto Rico 00902-0082.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood
Insurance'')

Dated: March 3, 2004.
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response
Directorate.
[FR Doc. 04-5244 Filed 3-8-04; 8:45 am]

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