[Federal Register Volume 69, Number 27 (Tuesday, February 10, 2004)]
[Rules and Regulations]
[Pages 6165-6166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2791]



[[Page 6165]]

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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.

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 
follows:

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                                                             Dates and name of
         State and county                  Location           newspaper where     Chief executive officer of    Effective date of       Community No.
                                                            notice was published           community               modification
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Alabama:
    Jefferson (FEMA Docket No. D-   City of Birmingham...  May 13, 2003, May 20,  The Honorable Bernard A.    May 6, 2003..........  010116 E
     7541).                                                 2003, The Birmingham   Kincaid, Mayor of the
                                                            News.                  City of Birmingham,
                                                                                   Birmingham City Hall, 710
                                                                                   North 20th Street,
                                                                                   Birmingham, Alabama 35203.
    Montgomery (FEMA Docket No. D-  City of Montgomery...  May 28, 2003, June 4,  The Honorable Bobby N.      Aug. 5, 2003.........  010174 G
     7543).                                                 2003, Montgomery       Bright, Mayor of the City
                                                            Advertiser.            of Montgomery, City Hall,
                                                                                   P.O. Box 1111,
                                                                                   Montgomery, Alabama 36101-
                                                                                   1111.
Connecticut:

[[Page 6166]]

 
    Fairfield (FEMA Docket No. D-   Town of Greenwich....  May 6, 2003, May 13,   Mr. Richard Bergstresser,   Apr. 28, 2003........  090008 C
     7541).                                                 2003, Greenwich Time.  Town of Greenwich First
                                                                                   Selectman, Town Hall, 101
                                                                                   Field Point Road,
                                                                                   Greenwich, Connecticut
                                                                                   06830.
Delaware:
    New Castle (FEMA Docket No. D-  Unincorporated Areas.  July 3, 2003, July     Mr. Thomas P. Gordon, New   Oct. 9, 2003.........  105085 G&H
     7543).                                                 10, 2003 The News      Castle County Executive,
                                                            Journal.               New Castle County
                                                                                   Government Center, 87
                                                                                   Reads Way, New Castle,
                                                                                   Delaware 19720.
Florida:
    Dade (FEMA Docket No. D-7543).  City of Miami........  July 7, 2003, July     The Honorable Manuel A.     July 26, 2003........  120650 J
                                                            14, 2003, The Miami    Diaz, Mayor of the City
                                                            Herald.                of Miami, 3500 Pan
                                                                                   American Drive, Miami,
                                                                                   Florida 33133.
    Santa Rosa (FEMA Docket No. D-  Unincorporated Areas.  June 4, 2003, June     Mr. Hunter Walker, Santa    May 28, 2003.........  120274 C
     7543).                                                 11, 2003, The Press    Rosa County
                                                            Gazette.               Administrator, 6495
                                                                                   Caroline Street, Suite D,
                                                                                   Milton, Florida 32570-
                                                                                   4592.
    Hillsborough (FEMA Docket No.   City of Tampa........  May 20, 2003, May 27,  The Honorable Dick A.       May 12, 2003.........  120114 C
     D-7541).                                               2003, St. Petersburg   Greco, Mayor of the City
                                                            Times.                 of Tampa, 306 East
                                                                                   Jackson Street, First
                                                                                   Floor, Tampa, Florida
                                                                                   33602.
Georgia:
    Bryan (FEMA Docket No. D-7543)  Unincorporated Areas.  June 19, 2003, June    Mr. Brooks Warnell,         Sept. 25, 2003.......  130016 A
                                                            26, 2003, Bryan        Chairman of the Bryan
                                                            County News.           County Board of
                                                                                   Commissioners, P.O. Box
                                                                                   430, Pembroke, Georgia
                                                                                   31321.
    Chatham (FEMA Docket No. D-     City of Savannah.....  May 22, 2003, May 29,  The Honorable Floyd Adams,  May 15, 2003.........  135163 C
     7541).                                                 2003, Savannah         Jr., Mayor of the City of
                                                            Morning News.          Savannah, P.O. Box 1027,
                                                                                   Savannah, Georgia 31402.
Maine:
    Camden (FEMA Docket No. D-      Town of Camden.......  June 26, 2003, July    Ms. Roberta Smith, Camden   June 18, 2003........  230074 B
     7543).                                                 3, 2003, The Camden    Town Manager, P.O. Box
                                                            Herald.                1207, Camden, Maine 04843.
Massachusetts:
    Plymouth (FEMA Docket No. D-    Town of Plymouth.....  April 9, 2003, April   Ms. Eleanor Beth, Plymouth  Apr. 1, 2003.........  250278 C
     7539).                                                 16, 2003, Old Colony   Town Manager, Plymouth
                                                            Memorial.              Town Hall, 11 Lincoln
                                                                                   Street, Plymouth,
                                                                                   Massachusetts 02360.
Pennsylvania:
    Chester (FEMA Docket No. D-     Township of East       July 2, 2003, July 9,  Mr. Earl Emel, Chairman of  June 25, 2003........  421479 D
     7543).                          Fallowfield.           2003, Daily Local      the Township of East
                                                            News.                  Fallowfield Board of
                                                                                   Supervisors, 2264
                                                                                   Strasburg Road, East
                                                                                   Fallowfield, Pennsylvania
                                                                                   19320.
    Lebanon (FEMA Docket No. D-     Township of North      June 13, 2003, June    Ms. Robin Getz, Lebanon     Sept. 19, 2003.......  420576 C
     7543).                          Cornwall.              20, 2003, Lebanon      County Planning and
                                                            Daily News.            Zoning Department, 400
                                                                                   South Eight Street,
                                                                                   Lebanon, Pennsylvania
                                                                                   17042.
    Wyoming (FEMA Docket No. D-     Township of            April 30, 2003, May    Mr. Randy L. White,         Apr. 23, 2003........  422206 C
     7541).                          Tunkhannock.           7, 2003, The New Age   Chairman of the Township
                                                            Examiner.              of Tunkhannock Board of
                                                                                   Commissioners, Township
                                                                                   Building, 438 State Route
                                                                                   92 South, Tunkhannock,
                                                                                   Pennsylvania 18657.
South Carolina:
    Richland (FEMA Docket No. D-    Unincorporated Areas.  June 5, 2003, June     Mr. T. Cary McSwain,        May 29, 2003.........  450170 H
     7543).                                                 12, 2003, 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: February 3, 2004.
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response 
Directorate.
[FR Doc. 04-2791 Filed 2-9-04; 8:45 am]
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