[Federal Register Volume 69, Number 79 (Friday, April 23, 2004)]
[Rules and Regulations]
[Pages 21969-21973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9215]


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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 newspaper   Chief executive   Effective date     Community
      State and county            Location       where notice      officer of           of            number
                                                was published      community       modification
----------------------------------------------------------------------------------------------------------------
Alabama: Tuscaloosa (FEMA     City of          September 19,    The Honorable    December 26,           010202 E
 Docket No. D-7547).           Northport.       2003,            Harvey           2003.
                                                September 26,    Fretwell,
                                                2003, The        Mayor of the
                                                Tuscaloosa       City of
                                                News.            Northport,
                                                                 P.O. Box 569,
                                                                 Northport,
                                                                 Alabama 35476.

[[Page 21970]]

 
Alabama: Tuscaloosa (FEMA     City of          September 19,    The Honorable    December 26,           010203 E
 Docket No. D-7547).           Tuscaloosa.      2003,            Alvin P.         2003.
                                                September 26,    Dupont, Mayor
                                                2003, The        of the City of
                                                Tuscaloosa       Tuscaloosa,
                                                News.            P.O. Box 2089,
                                                                 Tuscaloosa,
                                                                 Alabama 35403.
Connecticut: Fairfield (FEMA  Town of          September 12,    Mr. Richard V.   September 5,           090008 C
 Docket No. D-7547).           Greenwich.       2003,            Bergstresser,T   2003.
                                                September 19,    own of
                                                2003,            Greenwich
                                                Greenwich Time.  First
                                                                 Selectman,
                                                                 Greenwich Town
                                                                 Hall, 101
                                                                 Field Point
                                                                 Road,
                                                                 Greenwich,
                                                                 Connecticut
                                                                 06830.
Connecticut: Fairfield (FEMA  Town of          September 29,    Mr. Richard V.   September 22,          090008 C
 Docket No. D-7547).           Greenwich.       2003, October    Bergstresser,T   2003.
                                                6, 2003,         own of
                                                Greenwich Time.  Greenwich
                                                                 First
                                                                 Selectman,
                                                                 Greenwich Town
                                                                 Hall, 101
                                                                 Field Point
                                                                 Road,
                                                                 Greenwich,
                                                                 Connecticut
                                                                 06830.
Connecticut: New Haven (FEMA  Town of Madison  September 12,    Mr. Thomas S.    December 19,           090079 D
 Docket No. D-7547).                            2003,            Scarpati, Town   2003.
                                                September 19,    of Madison
                                                2003, The        First
                                                Hartford         Selectman,
                                                Courant.         Town Hall, 8
                                                                 Campus Drive,
                                                                 Madison,
                                                                 Connecticut
                                                                 06443.
Connecticut: Windham (FEMA    Town of Windham  August 11,       Mr. Michael      August 4, 2003.        090119 D
 Docket No. D-7547).                            2003, August     Paulhaus, Town
                                                18, 2003, The    of Windham
                                                Chronicle.       First
                                                                 Selectman, 979
                                                                 Main Street,
                                                                 Willimantic,
                                                                 Connecticut
                                                                 06226-2200.
Georgia: Fulton (FEMA Docket  City of          October 10,      The Honorable    October 3, 2003        130084 E
 No. D-7547).                  Alpharetta.      2003, October    Arthur
                                                17, 2003,        Letchas, Mayor
                                                Fulton County    of the City of
                                                Daily Report.    Alpharetta,
                                                                 Two South Main
                                                                 Street,
                                                                 Alpharetta,
                                                                 Georgia 30004.
Georgia: Cobb (FEMA Docket    Unincorporated   August 1, 2003,  Mr. Samuel S.    November 7,            130052 F
 No. D-7547).                  Areas.           August 8,        Olens,           2003.
                                                2003, Marietta   Chairman of
                                                Daily Journal.   the Cobb
                                                                 County Board
                                                                 of
                                                                 Commissioners,
                                                                 100 Cherokee
                                                                 Street,
                                                                 Marietta,
                                                                 Georgia 30090-
                                                                 9680.
Georgia: Cobb (FEMA Docket    Unincorporated   August 1, 2003,  Mr. Samuel S.    July 15, 2003..        130052 F
 No. D-7547).                  Areas.           August 8,        Olens,
                                                2003, Marietta   Chairman of
                                                Daily Journal.   the Cobb
                                                                 County Board
                                                                 of
                                                                 Commissioners,
                                                                 100 Cherokee
                                                                 Street,
                                                                 Marietta,
                                                                 Georgia 30090-
                                                                 9680.
Georgia: Fulton (FEMA Docket  Unincorporated   August 1, 2003,  Mr. Thomas C.    November 7,            135160 E
 No. D-7547).                  Areas.           August 8,        Andrews,         2003.
                                                2003, Fulton     Fulton County
                                                County Daily     Manager,
                                                Report.          Fulton County
                                                                 Government
                                                                 Center, 141
                                                                 Pryor Street,
                                                                 10th Floor,
                                                                 Atlanta,
                                                                 Georgia 30303.

[[Page 21971]]

 
Georgia: Gwinnett (FEMA       Unincorporated   September 4,     Mr. F. Wayne     December 11,           130322 C
 Docket No. D-7547).           Areas.           2003,            Hill, Chairman   2003.
                                                September 11,    of the
                                                2003, Gwinnett   Gwinnett
                                                Daily Post.      County Board
                                                                 of
                                                                 Commissioners,
                                                                 Justice and
                                                                 Administration
                                                                 Center, 75
                                                                 Langley Drive,
                                                                 Lawrenceville,
                                                                 Georgia 30045.
Georgia: Fulton (FEMA Docket  City of Roswell  October 10,      The Honorable    October 3, 2003        130088 E
 No. D-7547).                                   2003, October    Jere Wood,
                                                17, 2003,        Mayor of the
                                                Fulton County    City of
                                                Daily Report.    Roswell, 38
                                                                 Hill Street,
                                                                 Suite 115,
                                                                 Roswell,
                                                                 Georgia 30075.
Georgia: Whitfield (FEMA      Unincorporated   August 15,       Mr. Mike Babb,   November 21,           130193 C
 Docket No. D-7547).           Areas.           2003, August     Chairman of      2003.
                                                22, 2003, The    the Whitfield
                                                Daily Citizen-   County Board
                                                News.            of
                                                                 Commissioners,
                                                                 P.O. Box 248,
                                                                 Dalton,
                                                                 Georgia 30772.
Kentucky: (FEMA Docket No. D- Lexington-       August 6, 2003,  The Honorable    July 29, 2003..        210067 C
 7547).                        Fayette Urban    August 13,       Teresa Isaac,
                               County           2003, The        Mayor of the
                               Government.      Lexington        Lexington-
                                                Herald-Leader.   Fayette Urban
                                                                 County
                                                                 Government,
                                                                 200 East Main
                                                                 Street, 12th
                                                                 Floor,
                                                                 Lexington,
                                                                 Kentucky 40507.
Maryland: Montgomery (FEMA    Unincorporated   July 28, 2003,   Mr. Douglas M.   November 3,            240049 C
 Docket No. D-7547).           Areas.           August 4,        Duncan,          2003.
                                                2003, The        Montgomery
                                                Montgomery       County
                                                Journal.         Executive,
                                                                 Executive
                                                                 Office
                                                                 Building, 101
                                                                 Monroe Street,
                                                                 Rockville,
                                                                 Maryland 20850.
Massachusetts: Barnstable     Town of Bourne.  September 24,    Mr. Mark A.      September 17,          255210 E
 (FEMA Docket No. D-7577).                      2003, October    Tirrell,         2003.
                                                1, 2003, Cape    Chairman of
                                                Cod Times.       the Town of
                                                                 Bourne Board
                                                                 of Selectmen,
                                                                 Bourne Town
                                                                 Hall, 24 Perry
                                                                 Avenue,
                                                                 Buzzards Bay,
                                                                 Massachusetts
                                                                 02532.
Massachusetts: Barnstable     Town of Bourne.  September 24,    Mr. Mark A.      September 17,          255210 F
 (FEMA Docket No. D-7547).                      2003, October    Tirrell,         2003.
                                                1, 2003, Cape    Chairman of
                                                Cod Times.       the Town of
                                                                 Bourne Board
                                                                 of Selectmen,
                                                                 Bourne Town
                                                                 Hall, 24 Perry
                                                                 Avenue,
                                                                 Buzzards Bay,
                                                                 Massachusetts
                                                                 02532.
Mississippi: Harrison (FEMA   City of Biloxi.  October 3,       The Honorable    September 26,          285252 C
 Docket No. D-7547).                            2003, October    A. J.            2003.
                                                10, 2003, The    Holloway,
                                                Sun Herald.      Mayor of the
                                                                 City of
                                                                 Biloxi, P.O.
                                                                 Box 429, 140
                                                                 Lameuse
                                                                 Street,
                                                                 Biloxi,
                                                                 Mississippi
                                                                 39530.
New Jersey: Union (FEMA       Township of      September 5,     The Honorable    December 12,           340474 C
 Docket No. D-7547).           Scotch Plains.   2003,            Martin L.        2003.
                                                September 12,    Marks, Mayor
                                                2003, The        of the
                                                Courier-News.    Township of
                                                                 Scotch Plains,
                                                                 Municipal
                                                                 Building, 430
                                                                 Park Avenue,
                                                                 Scotch Plains,
                                                                 New Jersey
                                                                 07076.

[[Page 21972]]

 
New Jersey: Somerset (FEMA    Borough of       September 5,     The Honorable    December 12,           340447 C
 Docket No. D-7547).           Watchung.        2003,            Albert S.        2003.
                                                September 12,    Ellis, Mayor
                                                2003, The        of the Borough
                                                Courier-News.    of Watchung,
                                                                 15 Mountain
                                                                 Boulevard,
                                                                 Watchung, New
                                                                 Jersey 07069.
North Carolina: Gaston (FEMA  City of          August 18,       The Honorable    November 24,           370100 E
 Docket No. D-7547).           Gastonia.        2003, August     Jennifer T.      2003.
                                                25, 2003, The    Stultz, Mayor
                                                Gaston Gazette.  of the City of
                                                                 Gastonia, P.O.
                                                                 Box 1748, 181
                                                                 South Street,
                                                                 Gastonia,
                                                                 North Carolina
                                                                 28053-1748.
Pennsylvania: Montgomery      Township of      August 29,       Ms. Karen        August 20, 2003        420955 E
 (FEMA Docket No. D-7547).     Plymouth.        2003,            Weiss,
                                                September 5,     Township of
                                                2003, The        Plymouth
                                                Times Herald.    Manager, 700
                                                                 Belvoir Road,
                                                                 Plymouth
                                                                 Meeting,
                                                                 Pennsylvania
                                                                 19462.
Rhode Island: Bristol (FEMA   Town of Bristol  September 12,    Mr. Joseph F.    September 5,           445393 F
 Docket No. D-7547).                            2003,            Parella,         2003.
                                                September 19,    Bristol Town
                                                2003,            Administrator,
                                                Providence       Town Hall,
                                                Journal.         Bristol, Rhode
                                                                 Island 02809-
                                                                 2208.
South Carolina: Charleston    Unincorporated   September 15,    Mr. Roland H.    December 22,           455413 G
 (FEMA Docket No. D-7547).     Areas.           2003,            Windham, Jr.,    2003.
                                                September 22,    Charleston
                                                2003, Post and   County
                                                Courier.         Administrator,
                                                                 4045 Bridge
                                                                 View Drive,
                                                                 North
                                                                 Charleston,
                                                                 South Carolina
                                                                 29405.
South Carolina: Richland      Unincorporated   August 19,       Mr. T. Cary      November 25,           450170 G
 (FEMA Docket No. D-7547).     Areas.           2003, August     McSwain,         2003.
                                                26, 2003, The    Richland
                                                State.           County
                                                                 Administrator,
                                                                 2020 Hampton
                                                                 Street, P.O.
                                                                 Box 192,
                                                                 Columbia,
                                                                 South Carolina
                                                                 29202.
Tennessee: Nashville and      Metropolitan     August 6, 2003,  The Honorable    August 29, 2003        470040 F
 Davidson (FEMA Docket No. D-  Government.      August 13,       William
 7547).                                         2003, The        Purcell Mayor
                                                Tennessean.      of the
                                                                 Metropolitan
                                                                 Government of
                                                                 Nashville and
                                                                 Davidson
                                                                 County, 107
                                                                 Metropolitan
                                                                 Courthouse,
                                                                 Nashville,
                                                                 Tennessee
                                                                 37201.
Tennessee: Williamson (FEMA   Unincorporated   August 6, 2003,  Mr. Roger S.     August 29, 2003        470204 E
 Docket No. D-7547).           Areas.           August 13,       Anderson,
                                                2003, The        Williamson
                                                Review Appeal.   County
                                                                 Executive,
                                                                 1320 West Main
                                                                 Street, Suite
                                                                 100, Franklin,
                                                                 Tennessee
                                                                 37064.
Virginia: Prince William      Unincorporated   August 11,       Mr. Craig        November 17,           510119 D
 (FEMA Docket No. D-7547).     Areas.           2003, August     Gerhart,         2003.
                                                18, 2003,        Prince William
                                                Potomac News.    County
                                                                 Executive, 1
                                                                 County Complex
                                                                 Court, Prince
                                                                 William,
                                                                 Virginia 22192.
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[[Page 21973]]

(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. 04-9215 Filed 4-22-04; 8:45 am]
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