[Federal Register Volume 69, Number 157 (Monday, August 16, 2004)]
[Rules and Regulations]
[Pages 50318-50320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18694]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket No. FEMA-D-7561]


Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency (FEMA), Emergency 
Preparedness and Response Directorate, Department of Homeland Security.

ACTION: Interim rule.

-----------------------------------------------------------------------

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.

DATE: 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

[[Page 50319]]

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 Oct. 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:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                        Dates and name of
                                                         newspaper where     Chief executive officer        Effective date of
        State and county                Location            notice was            of community                 modification             Community No.
                                                            published
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama:
    Jefferson...................  City of Birmingham.  Jul. 1, 2004, Jul.   The Honorable Bernard     Jun. 24, 2004................  010116 E
                                                        8, 2004, The         Kincaid, Mayor of the
                                                        Ledger.              City of Birmingham,
                                                                             City Hall, Room 500,
                                                                             710 North 20th Street,
                                                                             Birmingham, Alabama
                                                                             35203.
    St. Clair...................  City of Moody......  Jul. 22, 2004, Jul.  The Honorable Joe Lee,    Jul. 13, 2004................  010187 B
                                                        29, 2004, The        Mayor of the City of
                                                        Leeds News.          Moody, 2900 Daniel
                                                                             Drive, Moody, Alabama
                                                                             35004.
Kentucky:
    Warren......................  City of Bowling      Jul. 5, 2004, Jul.   The Honorable Sandy       Jun. 28, 2004................  210219 D
                                   Green.               12, 2004, Daily      Jones, Mayor of the
                                                        News.                City of Bowling Green,
                                                                             P.O. Box 430, Bowling
                                                                             Green, Kentucky 42102-
                                                                             0430.
    Warren......................  Unincorporated       Jul. 5, 2004, Jul.   The Honorable Mike        Jun. 28, 2004................  210312 D
                                   Areas.               12, 2004, Daily      Buchanon, Warren County
                                                        News.                Judge/Executive, County
                                                                             Courthouse, 429 East
                                                                             10th Street, Bowling
                                                                             Green, Kentucky 42101.
Maine: Cumberland...............  Town of Scarborough  Jul. 7, 2004, Jul.   Mr. Ronald Owens,         Jun. 28, 2004................  230052 E
                                                        14, 2004, Portland   Scarborough Town
                                                        Press Herald.        Manager, P.O. Box 360,
                                                                             Scarborough, Maine
                                                                             04070-0360.
Massachusetts: Suffolk..........  City of Boston.....  Jul. 16, 2004, Jul.  The Honorable Thomas      Jul. 9, 2004.................  250286 D
                                                        23, 2004, Boston     Menino, Mayor of the
                                                        Herald.              City of Boston, 1 City
                                                                             Hall Plaza, 5th Floor,
                                                                             Boston, Massachusetts
                                                                             02201.
Mississippi: DeSoto.............  City of Olive        Aug. 5, 2004, Aug.   The Honorable Samuel P.   Jul. 27, 2004................  280286 E
                                   Branch.              12, 2004, The        Rikard, Mayor of the
                                                        DeSoto County        City of Olive Branch,
                                                        Tribune.             City Hall, 9189 Pigeon
                                                                             Roost Road, Olive
                                                                             Branch, Mississippi
                                                                             38654.
Pennsylvania:
    Dauphin.....................  Township of Lower    Jul. 19, 2004, Jul.  Mr. William B. Hawk,      Oct. 25, 2004................  420384 B
                                   Paxton.              26, 2004, The        Chairman of the
                                                        Patriot News.        Township of Lower
                                                                             Paxton Board of
                                                                             Supervisors, 75 South
                                                                             Houcks Road, Suite 207,
                                                                             Harrisburg,
                                                                             Pennsylvania 17109.
    Bucks.......................  Township of          Aug. 4, 2004, Aug.   Mr. Bruce Townsend,       Nov. 10, 2004................  420988 F
                                   Northampton.         11, 2004, Bucks      Township of
                                                        County Courier       Northampton, Manager,
                                                        Times.               55 Township Road,
                                                                             Richboro, Pennsylvania
                                                                             18954.
    Bucks.......................  Township of          Aug. 4, 2004, Aug.   Ms. Judith Smith,         Nov. 10, 2004................  420990 F
                                   Warminster.          11, 2004, The        Township of Warminster,
                                                        Intelligencer.       Manager, 401 Gibson
                                                                             Avenue, Warminster,
                                                                             Pennsylvania 18794.
    Bucks.......................  Township of          Aug. 4, 2004, Aug.   Mr. John D. Bonargo,      Nov. 10, 2004................  420208 F
                                   Warrington.          11, 2004, The        Sr., Township of
                                                        Intelligencer.       Warrington, Manager,
                                                                             Township Building, 852
                                                                             Easton Road,
                                                                             Warrington,
                                                                             Pennsylvania 18976.

[[Page 50320]]

 
    Bucks.......................  Township of Warwick  Aug. 4, 2004, Aug.   Ms. Judith A. Algeo,      Nov. 10, 2004................  420209 F
                                                        11, 2004, The        Chairman of the
                                                        Intelligencer.       Township of Warwick,
                                                                             Board of Supervisors,
                                                                             1733 Township Greene,
                                                                             Jamison, Pennsylvania
                                                                             18929.
    Bucks.......................  Town of Wrightstown  Aug. 4, 2004, Aug.   Mr. Chester S.            Nov. 10, 2004................  421045 F
                                                        11, 2004, Bucks      Pogonowski, Chairman of
                                                        County Courier       the Township of
                                                        Times.               Wrightstown, Board of
                                                                             Supervisors, 738 Penns
                                                                             Park Road, Wrightstown,
                                                                             Pennsylvania 18940.
Tennessee: Sumner...............  City of Gallatin...  Jul. 9, 2004, Jul.   The Honorable Don K.      Jul. 2, 2004.................  470185 D
                                                        16, 2004, The News   Wright, Mayor of the
                                                        Examiner.            City of Gallatin, 132
                                                                             West Main Street,
                                                                             Gallatin, Tennessee
                                                                             37066.
Virginia: Fauquier..............  Unincorporated       Jul. 15, 2004, Jul.  Mr. G. Robert Lee,        Jul. 9, 2004.................  510055 B
                                   Areas.               22, 2004, Fauquier   Fauquier County
                                                        Citizen.             Administrator, 40
                                                                             Culpeper Street,
                                                                             Warrenton, Virginia.
--------------------------------------------------------------------------------------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance'')

    Dated: August 9, 2004.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and 
Response Directorate.
[FR Doc. 04-18694 Filed 8-13-04; 8:45 am]
BILLING CODE 9110-12-P