[Federal Register Volume 69, Number 160 (Thursday, August 19, 2004)]
[Rules and Regulations]
[Pages 51380-51382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19010]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket No. FEMA-D-7559]


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 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

[[Page 51381]]

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]

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:

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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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Alabama: Houston..................  City of Dothan.......  May 13, 2004, May 20,  The Honorable Chester L.    May 5, 2004.........  010104 E
                                                            2004, The Dothan       Sowell, III, Mayor of the
                                                            Eagle.                 City of Dothan, P.O. Box
                                                                                   2128, Dothan, Alabama
                                                                                   36302.
Alabama: Jefferson................  Unincorporated Areas.  June 1, 2004, June 8,  Mr. Larry Langford,         September 7, 2004...  010217 E
                                                            2004, The Birmingham   President of the
                                                            News.                  Jefferson County
                                                                                   Commission, 716 Richard
                                                                                   Arrington Jr. Boulevard
                                                                                   North, Birmingham,
                                                                                   Alabama 35203-0005.
Connecticut: Fairfield............  Town of Greenwich....  May 4, 2004, May 11,   Mr. Jim Lash, Town of       April 26, 2004......  090008 C
                                                            2004, Greenwich Time.  Greenwich First
                                                                                   Selectman, Town Hall, 101
                                                                                   Field Point Road,
                                                                                   Greenwich, Connecticut
                                                                                   06830.
Connecticut: Tolland..............  Town of Somers.......  June 4, 2004, June     Mr. David A. Pinney, Town   May 27, 2004........  090112 B
                                                            11, 2004, Journal      of Somers First
                                                            Inquirer.              Selectman, Somers Town
                                                                                   Hall, 600 Main Street,
                                                                                   Somers, Connecticut 06071.
Delaware: New Castle..............  Unincorporated Areas.  May 10, 2004, May 17,  Mr. Thomas P. Gordon, New   August 16, 2004.....  105085 G
                                                            2004, The News         Castle County Executive,
                                                            Journal.               New Castle County
                                                                                   Government Center, 87
                                                                                   Reads Way, New Castle,
                                                                                   Delaware 19720.
Florida: Duval....................  City of Jacksonville.  April 19, 2004, April  The Honorable John Peyton,  July 26, 2004.......  120077 E
                                                            26, 2004, The          Mayor of the City of
                                                            Florida Times-Union.   Jacksonville, City Hall
                                                                                   at St. James, 4th Floor,
                                                                                   117 West Duval Street,
                                                                                   Suite 400, Jacksonville,
                                                                                   Florida 32202.
Florida: Polk.....................  Unincorporated Areas.  April 20, 2004, April  Mr. Michael Herr, Polk      July 27, 2004.......  120261 F
                                                            27, 2004, The Ledger.  County Manager, 330 West
                                                                                   Church Street, P.O. Box
                                                                                   9005, Drawer CS-10,
                                                                                   Bartow, Florida 33831-
                                                                                   9005.

[[Page 51382]]

 
Florida: Polk.....................  Unincorporated Areas.  June 14, 2004, June    Mr. Michael Herr, Polk      June 7, 2004........  120261 F
                                                            21, 2004, The Ledger.  County Manager, 330 West
                                                                                   Church Street, P.O. Box
                                                                                   9005, Drawer CA01,
                                                                                   Bartow, Florida 33831-
                                                                                   9005.
Georgia: Harris...................  Unincorporated Areas.  June 3, 2004, June     Ms. Carol Silva, Harris     May 25, 2004........  130338 A
                                                            10, 2004, Harris       County Manager, P.O. Box
                                                            County Journal.        365, Hamilton, Georgia
                                                                                   31811.
Georgia: Chatham..................  City of Savannah.....  June 10, 2004, June    The Honorable Otis S.       June 3, 2004........  135163 C
                                                            17, 2004, Savannah     Johnson, Ph.D., Mayor of
                                                            Morning News.          the City of Savannah,
                                                                                   P.O. Box 1027, Savannah,
                                                                                   Georgia 31402.
Illinois: DuPage..................  Village of Lisle.....  June 7, 2004, June     The Honorable Joseph        September 13, 2004..  170211 B
                                                            14, 2004, Daily        Broda, Mayor of the
                                                            Herald.                Village of Lisle, 925
                                                                                   Burlington Avenue, Lisle,
                                                                                   Illinois 60532-1838.
Kentucky..........................  Lexington-Fayette      April 23, 2004, April  The Honorable Teresa        July 30, 2004.......  210067 C
                                     Urban County           30, 2004, Lexington    Isaac, Mayor of the
                                     Government.            Herald-Leader.         Lexington-Fayette Urban
                                                                                   County Government, 200
                                                                                   East Main Street, 12th
                                                                                   Floor, Lexington-Fayette
                                                                                   Government Building,
                                                                                   Lexington, Kentucky 40507.
Maryland: Harford.................  Unincorporated Areas.  June 18, 2004, June    Mr. James M. Harkins,       September 24, 2004..  240040 D
                                                            25, 2004, The Aegis.   Harford County Executive,
                                                                                   220 South Main Street,
                                                                                   Bel Air, Maryland 21014.
Massachusetts: Barnstable.........  Town of Falmouth.....  April 23, 2004, April  Mr. Robert L. Whritenour,   April 16, 2004......  255211 G
                                                            30, 2004, Cape Cod     Jr., Falmouth Town
                                                            Times.                 Administrator, 59 Town
                                                                                   Hall Square, Falmouth,
                                                                                   Massachusetts 02540.
New Jersey: Camden................  Township of Winslow..  March 31, 2004, April  The Honorable Sue Ann       August 20, 2004.....  340148 B
                                                            7, 2004, The Jersey    Metzner, Mayor of the
                                                            Journal.               Township of Winslow, 125
                                                                                   South Route 73, Winslow,
                                                                                   New Jersey 08037.
North Carolina: Durham............  Unincorporated Areas.  May 28, 2004, June 4,  Mr. Michael M. Ruffin,      May 21, 2004........  370085 G
                                                            2004, The Herald-Sun.  Durham County Manager,
                                                                                   200 East Main Street, 2nd
                                                                                   Floor, Durham, North
                                                                                   Carolina 27701.
North Carolina: Cumberland........  City of Fayetteville.  May 6, 2004, May 13,   Mr. Roger Stancil,          August 13, 2004.....  370077 B
                                                            2004, Fayetteville     Fayetteville City
                                                            Observer.              Manager, P.O. Box 1846,
                                                                                   Fayetteville, North
                                                                                   Carolina 28301.
Puerto Rico.......................  Commonwealth.........  May 14, 2004, May 21,  The Honorable Sila M.       May 5, 2004.........  720000 C
                                                            2004,  The San Juan    Calderon, Governor of the
                                                            Star.                  Commonwealth of Puerto
                                                                                   Rico, Office of the
                                                                                   Governor, P.O. Box
                                                                                   9020082, San Juan, Puerto
                                                                                   Rico 00902-0082.
South Carolina: Richland..........  Unincorporated Areas.  April 20, 2004, April  Mr. T. Cary McSwain,        July 27, 2004.......  450170 H
                                                            27, 2004, The State.   Richland County
                                                                                   Administrator, 2020
                                                                                   Hampton Street, P.O. Box
                                                                                   192, Columbia, South
                                                                                   Carolina 29202.
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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. 04-19010 Filed 8-18-04; 8:45 am]
BILLING CODE 9110-12-P