[Federal Register Volume 69, Number 160 (Thursday, August 19, 2004)]
[Rules and Regulations]
[Pages 51373-51375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19008]


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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.

[[Page 51374]]

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
         State and county                  Location           newspaper where     Chief Executive Officer of    Effective date of     Community number
                                                            notice was published           community              modification
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Florida: Duval (FEMA Docket No. D-  City of Jacksonville.  November 21, 2003,     The Honorable John Peyton,  November 10, 2003...  120077 E
 7549).                                                     November 28, 2003,     Mayor of the City of
                                                            The Florida Times-     Jacksonville, 4th Floor,
                                                            Union.                 City Hall at St. James,
                                                                                   117 West Duval Street,
                                                                                   Suite 400, Jacksonville,
                                                                                   Florida 32202.
Florida: Walton (FEMA Docket No. D- Unincorporated Areas.  January 1, 2004,       Mr. Larry Jones, Chairman   April 8, 2004.......  120317 F
 7553).                                                     January 8, 2004,       of the Walton County
                                                            Defuniak Springs       Board of Commissioners,
                                                            Herald-Breeze.         P.O. Drawer 1355,
                                                                                   Defuniak Springs, Florida
                                                                                   32435.
Georgia: Gwinnett (FEMA Docket No.  Unincorporated Areas.  January 8, 2004,       Mr. F. Wayne Hill,          December 29, 2003...  130322 C
 D-7551).                                                   January 15, 2004,      Chairman of the Gwinnett
                                                            Gwinnett Daily Post.   County Board of
                                                                                   Commissioners, Justice
                                                                                   and Administration
                                                                                   Center, 75 Langley Drive,
                                                                                   Lawrenceville, Georgia
                                                                                   30045.
Georgia: Bibb and Jones (FEMA       City of Macon and      December 31, 2003,     The Honorable C. Jack       April 7, 2004.......  130011 E
 Docket No. D-7551).                 Bibb County.           January 7, 2004, The   Ellis, Mayor of the City
                                                            Macon Telegraph.       of Macon, 700 Poplar
                                                                                   Street, Macon, Georgia
                                                                                   31201.
Georgia: Oconee (FEMA Docket No. D- City of Watkinsville.  December 4, 2003,      The Honorable W. B.         May 20, 2004........  130369 A
 7549).                                                     December 11, 2003,     Hardigree, Mayor of the
                                                            Oconee Enterprise.     City of Watkinsville,
                                                                                   P.O. Box 27,
                                                                                   Watkinsville, Georgia
                                                                                   31827.
Massachusetts: Middlesex (FEMA      Town of Andover......  December 9, 2003,      Mr. Reginald S.             March 16, 2004......  250076 B
 Docket No. D-7551).                                        December 16, 2003,     Stapczynski, Manager of
                                                            The Eagle-Tribune.     the Town of Andover,
                                                                                   Andover Town Office, 36
                                                                                   Bartlet Street, Andover,
                                                                                   Massachusetts 01810.
Massachusetts: Middlesex (FEMA      Town of Wilmington...  December 9, 2003,      Mr. Michael Caira, Manager  March 16, 2004......  250227 C&D
 Docket No. D-7551).                                        December 16, 2003,     of the Town of
                                                            The Sun.               Wilmington, Wilmington
                                                                                   Town Hall, 121 Glen Road,
                                                                                   Wilmington, Massachusetts
                                                                                   01887.
Mississippi: DeSoto (FEMA Docket    City of Southaven....  January 1, 2004,       The Honorable Charles G.    April 8, 2004.......  280331 F
 No. D-7553).                                               January 8, 2004, The   Davis, Mayor of the City
                                                            DeSoto County          of Southaven, 8710
                                                            Tribune.               Northwest Drive,
                                                                                   Southaven, Mississippi
                                                                                   38671.
New Jersey: Union (FEMA Docket No.  Borough of Roselle...  November 14, 2003,     The Honorable Joseph E.     February 20, 2004...  340472 A
 D-7549).                                                   November 21, 2003,     Croteau, Mayor of the
                                                            Home News Tribune.     Borough of Roselle, 210
                                                                                   Chestnut Street, Roselle,
                                                                                   New Jersey 07203.
North Carolina: Gaston (FEMA        City of Belmont......  December 8, 2003,      The Honorable Billy W.      December 1, 2003....  370320 E
 Docket No. D-7551).                                        December 15, 2003,     Joye, Jr., Mayor of the
                                                            The Gaston Gazette.    City of Belmont, P.O. Box
                                                                                   431, Belmont, North
                                                                                   Carolina 28012.
North Carolina: Gaston (FEMA        Unincorporated Areas.  December 8, 2003,      Mr. Jan Winters, Gaston     December 1, 2003....  370099 E
 Docket No. D-7551).                                        December 15, 2003,     County Manager, P.O. Box
                                                            The Gaston Gazette.    1578, Gastonia, North
                                                                                   Carolina 28053.
North Carolina: Gaston (FEMA        City of Mount Holly..  December 8, 2003,      The Honorable Robert        December 1, 2003....  370102 E
 Docket No. D-7551).                                        December 15, 2003,     Black, Mayor of the City
                                                            The Gaston Gazette.    of Mount Holly, P.O. Box
                                                                                   406, Mount Holly, North
                                                                                   Carolina 28120.
Pennsylvania: Lebanon (FEMA Docket  City of Lebanon......  January 2, 2004,       The Honorable Robert A.     April 9, 2004.......  420573 B
 No. D-7551).                                               January 9, 2004,       Anspach, Mayor of the
                                                            Lebanon Daily News.    City of Lebanon, 400
                                                                                   South Eight Street,
                                                                                   Lebanon, Pennsylvania
                                                                                   17042.
Pennsylvania: Lebanon (FEMA Docket  Township of South      January 2, 2004,       Mr. Curtis Kulp, Township   April 9, 2004.......  420581 C
 No. D-7551).                        Lebanon.               January 9, 2004,       of South Lebanon Manager,
                                                            Lebanon Daily News.    1800 South Fifth Avenue,
                                                                                   Lebanon, Pennsylvania
                                                                                   17042.
Pennsylvania: Montgomery (FEMA      Township of            December 17, 2003,     Mr. Donald Berger,          December 10, 2003...  425388 E
 Docket No. D-7551).                 Springfield.           December 24, 2003,     Township of Springfield
                                                            Ambler Gazette.        Manager, 1510 Papermill
                                                                                   Road, Wyndmoor,
                                                                                   Pennsylvania 19118.

[[Page 51375]]

 
Pennsylvania: Montgomery (FEMA      Township of Upper      December 17, 2003,     Mr. Paul Leonard, Township  December 10, 2003...  420708 E
 Docket No. D-7551).                 Dublin.                December 24, 2003,     of Upper Dublin Manager,
                                                            Ambler Gazette.        801 Loch Alsh Avenue,
                                                                                   Fort Washington,
                                                                                   Pennsylvania 19304.
Pennsylvania: Montgomery (FEMA      Township of            December 17, 2003,     Mr. Lawrence J. Gregan,     December 10, 2003...  420712 E
 Docket No. D-7551).                 Whitemarsh.            December 24, 2003,     Township of Whitemarsh
                                                            Times Herald.          Manager, 616 Germantown
                                                                                   Pike, Lafayette Hill,
                                                                                   Pennsylvania 19444-1821.
South Carolina: Horry (FEMA Docket  Unincorporated Areas.  December 29, 2003,     Mr. Danny Knight, Horry     December 22, 2003...  450104 H
 No. D-7551).                                               January 5, 2004, The   County Administrator,
                                                            Sun News.              P.O. Box 1236, Conway,
                                                                                   South Carolina 29528.
Tennessee: Rutherford (FEMA Docket  City of LaVergne.....  January 5, 2004,       The Honorable Mike Webb,    December 29, 2003...  470167 E
 No. D-7551).                                               January 12, 2004,      Mayor of the City of
                                                            The Daily News         LaVergne, 5093
                                                            Journal.               Murfreesboro Road,
                                                                                   LaVergne, Tennessee 37086.
Virginia: Fauquier (FEMA Docket     Unincorporated Areas.  January 8, 2004,       Mr. G. Robert Lee,          December 23, 2003...  510055 A
 No. D-7551).                                               January 15, 2004,      Fauquier County
                                                            Fauquier Citizen.      Administrator, 40
                                                                                   Culpeper Street,
                                                                                   Warrenton, Virginia 20186.
Wisconsin: Dane (FEMA Docket No. D- Unincorporated Areas.  November 20, 2003,     Ms. Kathleen Falk, Dane     February 26, 2004...  550077 F
 7551).                                                     November 27, 2003,     County Executive, City-
                                                            Wisconsin State        County Building, Room
                                                            Journal.               421, 210 Martin Luther
                                                                                   King, Jr., Boulevard,
                                                                                   Madison, Wisconsin 53709.
Wisconsin: Dane (FEMA Docket No. D- Village of Mazomanie.  November 20, 2003,     Mr. Jeff Wirth, Mazomanie   February 26, 2004...  550085 F
 7551).                                                     November 27, 2003,     Village President, 133
                                                            News-Sickle-Arrow.     Crescent Street,
                                                                                   Mazomanie, Wisconsin
                                                                                   53560.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance.'')

    Dated: August 10, 2004.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and 
Response Directorate.
[FR Doc. 04-19008 Filed 8-18-04; 8:45 am]
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