[Federal Register Volume 69, Number 27 (Tuesday, February 10, 2004)]
[Rules and Regulations]
[Pages 6166-6170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2789]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Service

44 CFR Part 65

[Docket No. FEMA-D-7551]


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 commmunities 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.

[[Page 6167]]


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.
    The changes in BFEs are in accordance with 44 CFR 65.4.

National Environmental Policy Act

    This rule is categorically excluded from the requirement 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]

0
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 of
          State and county                        Location                     notice was published                    community                Effective date of modification    Community  No.
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Florida: Walton....................  Unincorporated Areas               December 29, 2003, January 5,      Mr. Larry Jones, Chairman of the   April 5, 2004                            120317 F
                                                                         2004, Defuniak Springs Herald-     Walton County Board of
                                                                         Breeze.                            Commissioners, P.O. Drawer 1355,
                                                                                                            Defuniak Springs, Florida 32435.
Georgia: Gwinnett..................  Unincorporated Areas               January 8, 2004, January 15,       Mr. F. Wayne Hill, Chairman of     December 29, 2003                        130322 C
                                                                         2004, Gwinnett Daily Post.         the Gwinnett County Board of
                                                                                                            Commissioners, Justice and
                                                                                                            Administration Center, 75
                                                                                                            Langley Drive, Lawrenceville,
                                                                                                            Georgia 30045.
Georgia: Bibb and Jones............  City of Macon and Bibb County      December 31, 2003, January 7,      The Honorable C. Jack Ellis,       April 7, 2004                            130011 E
                                                                         2004, The Macon Telegraph.         Mayor of the City of Macon, 700
                                                                                                            Poplar Street, Macon, Georgia
                                                                                                            31201.

[[Page 6168]]

 
Massachusetts: Middlesex...........  Town of Andover                    December 9, 2003, December 16,     Mr. Reginald S. Stapczynski,       March 16, 2004                           250076 B
                                                                         2003, The Eagle-Tribune.           Manager of the Town of Andover,
                                                                                                            Andover Town Office, 36 Bartlett
                                                                                                            Street, Andover, Massachusetts
                                                                                                            01810.
Massachusetts: Middlesex...........  Town of Wilmington                 December 9, 2003, December 16,     Mr. Michael Caira, Manager of the  March 16, 2004                         250227 C&D
                                                                         2003, The Sun.                     Town of Wilmington, Wilmington
                                                                                                            Town Hall, 121 Glen Road,
                                                                                                            Wilmington, Massachusetts 01887.
Pennsylvania: Lebanon..............  City of Lebanon                    January 2, 2004, January 9, 2004,  The Honorable Robert A. Anspach,   April 9, 2004                            420573 B
                                                                         Lebanon Daily News.                Mayor of the City of Lebanon,
                                                                                                            400 South Eight Street, Lebanon,
                                                                                                            Pennsylvania 17042.
Pennsylvania: Lebanon..............  Township of South Lebanon          January 2, 2004, January 9, 2004,  Mr. Curtis Kulp, Township of       April 9, 2004                            420581 C
                                                                         Lebanon Daily News.                South Lebanon Manager, 1800
                                                                                                            South Fifth Avenue, Lebanon,
                                                                                                            Pennsylvania 17042.
Pennsylvania: Montgomery...........  Township of Springfield            December 17, 2003, December 24,    Mr. Donald Berger, Township of     December 10, 2003                        425388 E
                                                                         2003, Ambler Gazette.              Springfield Manager, 1510
                                                                                                            Papermill Road, Wyndmoor,
                                                                                                            Pennsylvania 19118.
Pennsylvania: Montgomery...........  Township of Upper Dublin           December 17, 2003, December 24,    Mr. Paul Leonard, Township of      December 10, 2003                        420708 E
                                                                         2003, Ambler Gazette.              Upper Dublin Manager, 801 Loch
                                                                                                            Alsh Avenue, Fort Washington,
                                                                                                            Pennsylvania 19304.
New York: Niagara..................  Town of Newfane                    December 24, 2003, December 31,    Mr. Eric Krueger, Town of Newfane  June 16, 2004                            360504 B
                                                                         2003, Union & Sun Journal.         Supervisor, Newfane Town Hall,
                                                                                                            2896 Transit Road, Newfane, New
                                                                                                            York 14108.
New York: Niagara..................  City of Niagara Falls              December 23, 2003, December 30,    The Honorable Irene J. Elia,       June 16, 2004                            360506 B
                                                                         2003, Niagara Falls Gazette.       Mayor of the City of Niagara
                                                                                                            Falls, P.O. Box 69, Niagara
                                                                                                            Falls, New York 14302-0069.
North Carolina: Gaston.............  City of Belmont                    December 8, 2003, December 15,     The Honorable Billy W. Joye, Jr.,  December 1, 2003                         370320 E
                                                                         2003, The Gaston Gazette.          Mayor of the City of Belmont,
                                                                                                            P.O. Box 431, Belmont, North
                                                                                                            Carolina 28012.
North Carolina: Durham.............  Unincorporated Areas               June 24, 2003, July 1, 2003, The   Mr. Michael M. Ruffin, Durham      September 30, 2003.                      370085 G
                                                                         Herald-Sun.                        County Manager, 200 East Main
                                                                                                            Street, 2nd Floor, Durham, North
                                                                                                            Carolina 27701.
North Carolina: Durham.............  City of Durham                     June 24, 2003, July 1, 2003, The   The Honorable William V. Bell,     September 30, 2003.                      370086 G
                                                                         Herald-Sun.                        Mayor of the City of Durham, 101
                                                                                                            City Hall Plaza, Durham, North
                                                                                                            Carolina 27701.

[[Page 6169]]

 
North Carolina: Durham.............  Unincorporated Areas               December 8, 2003, December 15,     Mr. Jan Winters, Gaston County     December 1, 2003.                        370099 E
                                                                         2003, The Gaston Gazette.          Manager, P.O. Box 1578,
                                                                                                            Gastonia, North Carolina 28053.
North Carolina: Gaston.............  City of Mount Holly                December 8, 2003, December 15,     The Honorable Robert Black, Mayor  December 1, 2003.                        370102 E
                                                                         2003, The Gaston Gazette.          of the City of Mount Holly, P.O.
                                                                                                            Box 406, Mount Holly, North
                                                                                                            Carolina 28120.
Pennsylvania: Montgomery...........  Township of Whitemarsh             December 17, 2003, December 24,    Mr. Lawrence J. Gregan, Township   December 20, 2003.                       420712 E
                                                                         2003, Times Herald.                of Whitemarsh Manager, 616
                                                                                                            Germantown Pike, Lafeyette Hill,
                                                                                                            Pennsylvania 19444-1821.
Puerto Rico........................  Commonwealth                       January 2, 2004, January 9, 2004,  The Honorable Sila M. Calderon,    April 9, 2004.                           720000 C
                                                                         The San Juan Star.                 Governor of the Commonwealth of
                                                                                                            Puerto Rico, Office of the
                                                                                                            Governor, P.O. Box 9020082, San
                                                                                                            Juan, Puerto Rico 00902-0082.
South Carolina: Horry..............  Unincorporated Areas               December 29, 2003, January 5,      Mr. Danny Knight, Horry County     December 22, 2003                        450104 H
                                                                         2004, The Sun News.                Administrator, P.O. Box 1236,
                                                                                                            Conway, South Carolina 29528.
Tennessee: Rutherford..............  City of La Vergne                  January 5, 2004, January 12,       The Honorable Mike Webb, Mayor of  December 29, 2003                        470167 E
                                                                         2004, The Daily News Journal.      the City of LaVergne, 5093
                                                                                                            Murfreesboro, Road, LaVergne,
                                                                                                            Tennessee 37086.
Virginia: Fauquier.................  Unincorporated Areas               January 8, 2004, January 15,       Mr. G. Robert Lee, Fauquier        December 23, 2003                        510055 A
                                                                         2004, Fauquier Citizen.            County Administrator, 40
                                                                                                            Culpeper Street, Warrenton,
                                                                                                            Virginia 20186.
Wisconsin: Dane....................  Unincorporated Areas               November 20, 2003, November 27,    Ms. Kathleen Falk, Dane County     February 26, 2004                        550077 F
                                                                         2003, Wisconsin State Journal.     Executive, City-Council
                                                                                                            Building, Room 421, 210 Martin
                                                                                                            Luther King, Jr., Boulevard,
                                                                                                            Madison, Wisconsin 53709.
Wisconsin: Dane....................  Village of Mazomanie               November 20, 2003, November 27,    Mr. Jeff Wirth, Mazomanie Village  February 26, 2004                        550085 F
                                                                         2003, News-Sickle-Arrow.           President, 133 Crescent Street,
                                                                                                            Mazomanie, Wisconsin 53560.
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[[Page 6170]]

(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance.'')

    Dated: February 3, 2004.
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response 
Directorate.
[FR Doc. 04-2789 Filed 2-9-04; 8:45 am]
BILLING CODE 9110-12-M