[Federal Register Volume 69, Number 106 (Wednesday, June 2, 2004)]
[Rules and Regulations]
[Pages 31024-31026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12372]


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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.

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:

[[Page 31025]]

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 where     Chief executive officer
        State and county                Location            notice was            of community        Effective date of modification     Community No.
                                                            published
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Delaware: New Castle (FEMA        Unincorporated       Nov. 10, 2003, Nov.  Mr. Thomas P. Gordon,     Oct. 30, 2003.................  105085 G
 Docket No. D-7549).               Areas.               17, 2003 The News    New Castle County
                                                        Journal.             Executive, New Castle
                                                                             County Government
                                                                             Center, 87 Reads Way,
                                                                             New Castle, Delaware
                                                                             19720.
Florida: Orange (FEMA Docket No.  Unincorporated       Nov. 5, 2003, Nov.   M. Krishnamurthy, Ph.D.,  Feb. 11, 2004.................  120179 E
 D-7549).                          Areas.               12, 2003, Orlando    P.E., Orange County
                                                        Sentinel.            Stormwater Management
                                                                             Manager, 4200 South
                                                                             John Young Parkway,
                                                                             Orlando, Florida 32839.
Kentucky:
    Jefferson (FEMA Docket No. D- Unincorporated       Oct. 27, 2003, Nov.  The Honorable Jerry       Oct. 17, 203..................  210120 D
     7549).                        Areas.               3, 2003, The         Abramson, Mayor of
                                                        Courier-Journal.     Metro Louisville/
                                                                             Jefferson County, 527
                                                                             West Jefferson Street,
                                                                             Suite 400, Louisville,
                                                                             Kentucky 40202.
    (FEMA Docket No. D-7549)....  Lexington-Fayette    Oct. 10, 2003, Oct.  The Honorable Teresa      Jan. 16, 2004.................  210067 C
                                   Urban County         17, 2003,            Isaac, Mayor of the
                                   Government.          Lexington Herald-    Lexington-Fayette,
                                                        Leader.              Urban County
                                                                             Government, 200 East
                                                                             Main Street, 12th
                                                                             Floor, Lexington,
                                                                             Kentucky 40507.
    Pike (FEMA Docket No. D-      Unincorporated       Nov. 5, 2003, Nov.   The Honorable William M.  Oct. 29, 2003.................  210298 F
     7549).                        Areas.               12, 2003,            Deskins, Pike County
                                                        Appalachian News-    Judge/Executive, Pike
                                                        Express.             County Courthouse, 146
                                                                             Main Street, Pikeville,
                                                                             Kentucky 41501.
Mississippi:
    Hinds, Rankin, and Madison    City of Jackson....  Oct. 7, 2003, Oct.   The Honorable Harvey      Jan. 13, 2004.................  280072 F,G
     (FEMA Docket No. D-7549).                          14, 2003, The        Johnson, Jr., Mayor of
                                                        Clarion-Ledger.      the City of Jackson,
                                                                             P.O. Box 17, 219 South
                                                                             President Street,
                                                                             Jackson, Mississippi
                                                                             39205-0017.
    Madison (FEMA Docket No. D-   Unincorporated       Oct. 7, 2003, Oct.   Mr. David H. Richardson,  Jan. 13, 2004.................  280228 D
     7549).                        Areas.               14, 2003, The        President of the
                                                        Clarion-Ledger.      Madison County Board of
                                                                             Supervisors, P.O. Box
                                                                             608, 146 West Center
                                                                             Street, Canton,
                                                                             Mississippi 39046.
    Madison (FEMA Docket No. D-   City of Ridgeland..  Oct. 7, 2003, Oct.   The Honorable Gene F.     Jan. 13, 2004.................  280110 D
     7549).                                             14, 2003, The        McGee, Mayor of the
                                                        Clarion-Ledger.      City of Ridgeland, P.O.
                                                                             Box 217, Ridgeland,
                                                                             Mississippi 39158.
    Madison (FEMA Docket No. D-   City of Ridgeland..  Oct. 13, 2003, Oct.  The Honorable Gene F.     Oct. 6, 2003..................  280110 D
     7549).                                             20, 2003, The        McGee, Mayor of the
                                                        Clarion-Ledger.      City of Ridgeland, P.O.
                                                                             Box 217, Ridgeland,
                                                                             Mississippi 39158.
    North Carolina: Durham (FEMA  City of Durham.....  Oct. 21, 2003, Oct.  The Honorable William V.  Jan. 27, 2004.................  370086 G
     Docket No. D-7549).                                28, 2003, The        Bell, Mayor of the City
                                                        Herald-Sun.          of Durham, 101 City
                                                                             Hall Plaza, Durham,
                                                                             North Carolina 27701.
    Puerto Rico (FEMA Docket No.  Commonwealth.......  Nov. 7, 2003, Nov.   The Honorable Sila M.     Feb. 13, 2004.................  720000 C
     D-7549).                                           14, 2003, The San    Calderon, Governor of
                                                        Juan Star.           the Commonwealth of
                                                                             Puerto Rico, Office of
                                                                             the Governor, P.O. Box
                                                                             9020082, San Juan,
                                                                             Puerto Rico 00902-0082.
South Carolina:
    Charleston (FEMA Docket No.   City of Charleston.  Sept. 15, 2003,      The Honorable Joseph P.   Dec. 22, 2003.................  455412 G
     D-7547).                                           Sept. 22, 2003,      Riley, Jr., Mayor of
                                                        Post and Courier.    the City of Charleston,
                                                                             P.O. Box 652,
                                                                             Charleston, South
                                                                             Carolina 29401.
    Charleston (FEMA Docket No.   City of Isle of      Nov. 6, 2003, Nov.   The Honorable F. Michael  Oct. 30, 2003.................  455416 E
     D-7549).                      Palms.               13, 2003, Post and   Sottile, Mayor of the
                                                        Courier.             City of Isle of Palms,
                                                                             P.O. Box 508, Isle of
                                                                             Palms, South Carolina
                                                                             29451.
Virginia:

[[Page 31026]]

 
    Dickenson (FEMA Docket No. D- Unincorporated       Oct. 1, 2003, Oct.   Mr. Keith L. Viers,       Jan. 7, 2003..................  510253 C
     7547).                        Areas.               8, 2003, The         Dickenson County
                                                        Dickenson Star.      Administrator,
                                                                             Administrative Office,
                                                                             P.O. Box 1098,
                                                                             Clintwood, Virginia
                                                                             24228.
    Russell (FEMA Docket No. D-   Unincorporated       Oct. 1, 2003, Oct.   Mr. Frank Horton,         Jan. 7, 2003..................  510317 B
     7547).                        Areas.               8, 2003, Lebanon     Chairman of the Russell
                                                        News.                County Board of
                                                                             Supervisors, P.O. Box
                                                                             1208, Lebanon, Virginia
                                                                             24266.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance'')

    Dated: May 26, 2004.
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response 
Directorate.
[FR Doc. 04-12372 Filed 6-1-04; 8:45 am]
BILLING CODE 9110-12-P