FR Doc 04-2791

[Federal Register: February 10, 2004 (Volume 69, Number 27)]
[Rules and Regulations]
[Page 6165-6166]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10fe04-12]

[[Page 6165]]

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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.

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Accordingly, 44 CFR part 65 is amended to read as follows:

PART 65--[AMENDED]

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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]

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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 No.
notice was published community modification
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Alabama:
Jefferson (FEMA Docket No. D- City of Birmingham... May 13, 2003, May 20, The Honorable Bernard A. May 6, 2003.......... 010116 E
7541). 2003, The Birmingham Kincaid, Mayor of the
News. City of Birmingham,
Birmingham City Hall, 710
North 20th Street,
Birmingham, Alabama 35203.
Montgomery (FEMA Docket No. D- City of Montgomery... May 28, 2003, June 4, The Honorable Bobby N. Aug. 5, 2003......... 010174 G
7543). 2003, Montgomery Bright, Mayor of the City
Advertiser. of Montgomery, City Hall,
P.O. Box 1111,
Montgomery, Alabama 36101-
1111.
Connecticut:

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Fairfield (FEMA Docket No. D- Town of Greenwich.... May 6, 2003, May 13, Mr. Richard Bergstresser, Apr. 28, 2003........ 090008 C
7541). 2003, Greenwich Time. Town of Greenwich First
Selectman, Town Hall, 101
Field Point Road,
Greenwich, Connecticut
06830.
Delaware:
New Castle (FEMA Docket No. D- Unincorporated Areas. July 3, 2003, July Mr. Thomas P. Gordon, New Oct. 9, 2003......... 105085 G&H
7543). 10, 2003 The News Castle County Executive,
Journal. New Castle County
Government Center, 87
Reads Way, New Castle,
Delaware 19720.
Florida:
Dade (FEMA Docket No. D-7543). City of Miami........ July 7, 2003, July The Honorable Manuel A. July 26, 2003........ 120650 J
14, 2003, The Miami Diaz, Mayor of the City
Herald. of Miami, 3500 Pan
American Drive, Miami,
Florida 33133.
Santa Rosa (FEMA Docket No. D- Unincorporated Areas. June 4, 2003, June Mr. Hunter Walker, Santa May 28, 2003......... 120274 C
7543). 11, 2003, The Press Rosa County
Gazette. Administrator, 6495
Caroline Street, Suite D,
Milton, Florida 32570-
4592.
Hillsborough (FEMA Docket No. City of Tampa........ May 20, 2003, May 27, The Honorable Dick A. May 12, 2003......... 120114 C
D-7541). 2003, St. Petersburg Greco, Mayor of the City
Times. of Tampa, 306 East
Jackson Street, First
Floor, Tampa, Florida
33602.
Georgia:
Bryan (FEMA Docket No. D-7543) Unincorporated Areas. June 19, 2003, June Mr. Brooks Warnell, Sept. 25, 2003....... 130016 A
26, 2003, Bryan Chairman of the Bryan
County News. County Board of
Commissioners, P.O. Box
430, Pembroke, Georgia
31321.
Chatham (FEMA Docket No. D- City of Savannah..... May 22, 2003, May 29, The Honorable Floyd Adams, May 15, 2003......... 135163 C
7541). 2003, Savannah Jr., Mayor of the City of
Morning News. Savannah, P.O. Box 1027,
Savannah, Georgia 31402.
Maine:
Camden (FEMA Docket No. D- Town of Camden....... June 26, 2003, July Ms. Roberta Smith, Camden June 18, 2003........ 230074 B
7543). 3, 2003, The Camden Town Manager, P.O. Box
Herald. 1207, Camden, Maine 04843.
Massachusetts:
Plymouth (FEMA Docket No. D- Town of Plymouth..... April 9, 2003, April Ms. Eleanor Beth, Plymouth Apr. 1, 2003......... 250278 C
7539). 16, 2003, Old Colony Town Manager, Plymouth
Memorial. Town Hall, 11 Lincoln
Street, Plymouth,
Massachusetts 02360.
Pennsylvania:
Chester (FEMA Docket No. D- Township of East July 2, 2003, July 9, Mr. Earl Emel, Chairman of June 25, 2003........ 421479 D
7543). Fallowfield. 2003, Daily Local the Township of East
News. Fallowfield Board of
Supervisors, 2264
Strasburg Road, East
Fallowfield, Pennsylvania
19320.
Lebanon (FEMA Docket No. D- Township of North June 13, 2003, June Ms. Robin Getz, Lebanon Sept. 19, 2003....... 420576 C
7543). Cornwall. 20, 2003, Lebanon County Planning and
Daily News. Zoning Department, 400
South Eight Street,
Lebanon, Pennsylvania
17042.
Wyoming (FEMA Docket No. D- Township of April 30, 2003, May Mr. Randy L. White, Apr. 23, 2003........ 422206 C
7541). Tunkhannock. 7, 2003, The New Age Chairman of the Township
Examiner. of Tunkhannock Board of
Commissioners, Township
Building, 438 State Route
92 South, Tunkhannock,
Pennsylvania 18657.
South Carolina:
Richland (FEMA Docket No. D- Unincorporated Areas. June 5, 2003, June Mr. T. Cary McSwain, May 29, 2003......... 450170 H
7543). 12, 2003, 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: February 3, 2004.
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response
Directorate.
[FR Doc. 04-2791 Filed 2-9-04; 8:45 am]

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