[Federal Register Volume 69, Number 79 (Friday, April 23, 2004)]
[Rules and Regulations]
[Pages 21966-21969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9214]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 65
[Docket No. FEMA-D-7555]
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
[[Page 21967]]
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.
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]
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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 Chief Executive Effective date Community
State and county Location where notice officer of of number
was published community modification
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Connecticut: New London..... City of Norwich October 10, The Honorable January 16, 090102 F
2003, October Arthur L. 2004.
17, 2003, The Lathrop, Mayor
Day. of the City of
Norwich,
Norwich City
Hall 100
Broadway, 3rd
Floor,
Norwich,
Connecticut
06360.
Delaware: New Castle........ Unincorporated February 17, Mr. Thomas P. May 25, 2004... 105085 G
Areas. 2004, February Gordon, New
24, 2004, The Castle County
News Journal. Executive, New
Castle County
Government
Center 87
Reads Way, New
Castle,
Delaware 19720.
[[Page 21968]]
Georgia: Catoosa............ Unincorporated October 29, Mr. Winford February 4, 130028 D
Areas. 2003, November Long, Chairman 2004.
5, 2003, The of the Catoosa
Catoosa County County, Board
News. of
Commissioners,
Catoosa County
Courthouse
7694 Nashville
Street
Ringgold,
Georgia 30736.
Georgia: Forsyth............ Unincorporated October 29, Mr. Stevie February 4, 130312 C
Areas. 2003, November Mills, Forsyth 2004.
5, 2003, County
Forsyth County Manager, 110
News. East Main
Street, Suite
210, Cumming,
Georgia 30040.
Georgia: Catoosa and Walker. Fort Oglethorpe October 29, The Honorable February 4, 130248 B
2003, November Judson L. 2004.
5, 2003, The Burkhart,
Catoosa County Mayor of the
News. City of Fort
Oglethorpe,
P.O. Box 5509,
500 City Hall
Drive, Fort
Oglethorpe,
Georgia 30742.
New Jersey: Cape May........ Borough of February 11, The Honorable February 3, 345330 C
Wildwood Crest. 2004, February John J. 2004.
18, 2004, The Pantalone,
Gazette. Mayor of the
Borough of
Wildwood
Crest, 6101
Pacific
Avenue,
Wildwood
Crest, New
Jersey 08260.
Puerto Rico:................ Commonwealth... March 5, 2004, The Honorable June 11, 2004.. 720000 C
March 12, Sila M.
2004, The San Calderon,
Juan Star. Governor of
the
Commonwealth
of Puerto
Rico, Office
of the
Governor, P.O.
Box 9020082,
San Juan,
Puerto Rico
00902-0082.
Vermont: Bennington......... Town of February 18, Mr. Stuart February 11, 500013 C
Bennington. 2004, February Hurd, 2004.
25, 2004, Bennington
Bennington Town Manager,
Banner. P.O. Box 469,
205 South
Street,
Bennington,
Vermont 05201.
Virginia: Culpeper.......... Town of February 17, Mr. J. Brannon May 25, 2004... 510042 B
Culpeper. 2004, February Godfrey, Town
24, 2004, The of Culpeper
Culpeper Star Manager, 400
Exponent. South Main
Street,
Culpeper,
Virginia 22701.
Virginia: Fairfax........... Unincorporated February 18, Mr. Anthony May 26, 2004... 515525 D
Areas. 2004, February Griffin,
25, 2004, The Fairfax County
Washington Executive,
Times. 12000
Government
Center
Parkway, Suite
552, Fairfax,
Virginia 22035-
0066.
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[[Page 21969]]
(Catalog of Federal Domestic Assistance No. 83.100, ``Flood
Insurance.'')
Dated: April 7, 2004.
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response
Directorate.
[FR Doc. 04-9214 Filed 4-22-04; 8:45 am]
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