[Federal Register Volume 69, Number 46 (Tuesday, March 9, 2004)]
[Rules and Regulations]
[Pages 10923-10924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5244]


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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.

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
        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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