FR Doc 04-9215

[Federal Register: April 23, 2004 (Volume 69, Number 79)]
[Rules and Regulations]
[Page 21969-21973]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23ap04-14]

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

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.

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

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.

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:

----------------------------------------------------------------------------------------------------------------
Dates and name
of newspaper Chief executive Effective date Community
State and county Location where notice officer of of number
was published community modification
----------------------------------------------------------------------------------------------------------------
Alabama: Tuscaloosa (FEMA City of September 19, The Honorable December 26, 010202 E
Docket No. D-7547). Northport. 2003, Harvey 2003.
September 26, Fretwell,
2003, The Mayor of the
Tuscaloosa City of
News. Northport,
P.O. Box 569,
Northport,
Alabama 35476.

[[Page 21970]]

Alabama: Tuscaloosa (FEMA City of September 19, The Honorable December 26, 010203 E
Docket No. D-7547). Tuscaloosa. 2003, Alvin P. 2003.
September 26, Dupont, Mayor
2003, The of the City of
Tuscaloosa Tuscaloosa,
News. P.O. Box 2089,
Tuscaloosa,
Alabama 35403.
Connecticut: Fairfield (FEMA Town of September 12, Mr. Richard V. September 5, 090008 C
Docket No. D-7547). Greenwich. 2003, Bergstresser,T 2003.
September 19, own of
2003, Greenwich
Greenwich Time. First
Selectman,
Greenwich Town
Hall, 101
Field Point
Road,
Greenwich,
Connecticut
06830.
Connecticut: Fairfield (FEMA Town of September 29, Mr. Richard V. September 22, 090008 C
Docket No. D-7547). Greenwich. 2003, October Bergstresser,T 2003.
6, 2003, own of
Greenwich Time. Greenwich
First
Selectman,
Greenwich Town
Hall, 101
Field Point
Road,
Greenwich,
Connecticut
06830.
Connecticut: New Haven (FEMA Town of Madison September 12, Mr. Thomas S. December 19, 090079 D
Docket No. D-7547). 2003, Scarpati, Town 2003.
September 19, of Madison
2003, The First
Hartford Selectman,
Courant. Town Hall, 8
Campus Drive,
Madison,
Connecticut
06443.
Connecticut: Windham (FEMA Town of Windham August 11, Mr. Michael August 4, 2003. 090119 D
Docket No. D-7547). 2003, August Paulhaus, Town
18, 2003, The of Windham
Chronicle. First
Selectman, 979
Main Street,
Willimantic,
Connecticut
06226-2200.
Georgia: Fulton (FEMA Docket City of October 10, The Honorable October 3, 2003 130084 E
No. D-7547). Alpharetta. 2003, October Arthur
17, 2003, Letchas, Mayor
Fulton County of the City of
Daily Report. Alpharetta,
Two South Main
Street,
Alpharetta,
Georgia 30004.
Georgia: Cobb (FEMA Docket Unincorporated August 1, 2003, Mr. Samuel S. November 7, 130052 F
No. D-7547). Areas. August 8, Olens, 2003.
2003, Marietta Chairman of
Daily Journal. the Cobb
County Board
of
Commissioners,
100 Cherokee
Street,
Marietta,
Georgia 30090-
9680.
Georgia: Cobb (FEMA Docket Unincorporated August 1, 2003, Mr. Samuel S. July 15, 2003.. 130052 F
No. D-7547). Areas. August 8, Olens,
2003, Marietta Chairman of
Daily Journal. the Cobb
County Board
of
Commissioners,
100 Cherokee
Street,
Marietta,
Georgia 30090-
9680.
Georgia: Fulton (FEMA Docket Unincorporated August 1, 2003, Mr. Thomas C. November 7, 135160 E
No. D-7547). Areas. August 8, Andrews, 2003.
2003, Fulton Fulton County
County Daily Manager,
Report. Fulton County
Government
Center, 141
Pryor Street,
10th Floor,
Atlanta,
Georgia 30303.

[[Page 21971]]

Georgia: Gwinnett (FEMA Unincorporated September 4, Mr. F. Wayne December 11, 130322 C
Docket No. D-7547). Areas. 2003, Hill, Chairman 2003.
September 11, of the
2003, Gwinnett Gwinnett
Daily Post. County Board
of
Commissioners,
Justice and
Administration
Center, 75
Langley Drive,
Lawrenceville,
Georgia 30045.
Georgia: Fulton (FEMA Docket City of Roswell October 10, The Honorable October 3, 2003 130088 E
No. D-7547). 2003, October Jere Wood,
17, 2003, Mayor of the
Fulton County City of
Daily Report. Roswell, 38
Hill Street,
Suite 115,
Roswell,
Georgia 30075.
Georgia: Whitfield (FEMA Unincorporated August 15, Mr. Mike Babb, November 21, 130193 C
Docket No. D-7547). Areas. 2003, August Chairman of 2003.
22, 2003, The the Whitfield
Daily Citizen- County Board
News. of
Commissioners,
P.O. Box 248,
Dalton,
Georgia 30772.
Kentucky: (FEMA Docket No. D- Lexington- August 6, 2003, The Honorable July 29, 2003.. 210067 C
7547). Fayette Urban August 13, Teresa Isaac,
County 2003, The Mayor of the
Government. Lexington Lexington-
Herald-Leader. Fayette Urban
County
Government,
200 East Main
Street, 12th
Floor,
Lexington,
Kentucky 40507.
Maryland: Montgomery (FEMA Unincorporated July 28, 2003, Mr. Douglas M. November 3, 240049 C
Docket No. D-7547). Areas. August 4, Duncan, 2003.
2003, The Montgomery
Montgomery County
Journal. Executive,
Executive
Office
Building, 101
Monroe Street,
Rockville,
Maryland 20850.
Massachusetts: Barnstable Town of Bourne. September 24, Mr. Mark A. September 17, 255210 E
(FEMA Docket No. D-7577). 2003, October Tirrell, 2003.
1, 2003, Cape Chairman of
Cod Times. the Town of
Bourne Board
of Selectmen,
Bourne Town
Hall, 24 Perry
Avenue,
Buzzards Bay,
Massachusetts
02532.
Massachusetts: Barnstable Town of Bourne. September 24, Mr. Mark A. September 17, 255210 F
(FEMA Docket No. D-7547). 2003, October Tirrell, 2003.
1, 2003, Cape Chairman of
Cod Times. the Town of
Bourne Board
of Selectmen,
Bourne Town
Hall, 24 Perry
Avenue,
Buzzards Bay,
Massachusetts
02532.
Mississippi: Harrison (FEMA City of Biloxi. October 3, The Honorable September 26, 285252 C
Docket No. D-7547). 2003, October A. J. 2003.
10, 2003, The Holloway,
Sun Herald. Mayor of the
City of
Biloxi, P.O.
Box 429, 140
Lameuse
Street,
Biloxi,
Mississippi
39530.
New Jersey: Union (FEMA Township of September 5, The Honorable December 12, 340474 C
Docket No. D-7547). Scotch Plains. 2003, Martin L. 2003.
September 12, Marks, Mayor
2003, The of the
Courier-News. Township of
Scotch Plains,
Municipal
Building, 430
Park Avenue,
Scotch Plains,
New Jersey
07076.

[[Page 21972]]

New Jersey: Somerset (FEMA Borough of September 5, The Honorable December 12, 340447 C
Docket No. D-7547). Watchung. 2003, Albert S. 2003.
September 12, Ellis, Mayor
2003, The of the Borough
Courier-News. of Watchung,
15 Mountain
Boulevard,
Watchung, New
Jersey 07069.
North Carolina: Gaston (FEMA City of August 18, The Honorable November 24, 370100 E
Docket No. D-7547). Gastonia. 2003, August Jennifer T. 2003.
25, 2003, The Stultz, Mayor
Gaston Gazette. of the City of
Gastonia, P.O.
Box 1748, 181
South Street,
Gastonia,
North Carolina
28053-1748.
Pennsylvania: Montgomery Township of August 29, Ms. Karen August 20, 2003 420955 E
(FEMA Docket No. D-7547). Plymouth. 2003, Weiss,
September 5, Township of
2003, The Plymouth
Times Herald. Manager, 700
Belvoir Road,
Plymouth
Meeting,
Pennsylvania
19462.
Rhode Island: Bristol (FEMA Town of Bristol September 12, Mr. Joseph F. September 5, 445393 F
Docket No. D-7547). 2003, Parella, 2003.
September 19, Bristol Town
2003, Administrator,
Providence Town Hall,
Journal. Bristol, Rhode
Island 02809-
2208.
South Carolina: Charleston Unincorporated September 15, Mr. Roland H. December 22, 455413 G
(FEMA Docket No. D-7547). Areas. 2003, Windham, Jr., 2003.
September 22, Charleston
2003, Post and County
Courier. Administrator,
4045 Bridge
View Drive,
North
Charleston,
South Carolina
29405.
South Carolina: Richland Unincorporated August 19, Mr. T. Cary November 25, 450170 G
(FEMA Docket No. D-7547). Areas. 2003, August McSwain, 2003.
26, 2003, The Richland
State. County
Administrator,
2020 Hampton
Street, P.O.
Box 192,
Columbia,
South Carolina
29202.
Tennessee: Nashville and Metropolitan August 6, 2003, The Honorable August 29, 2003 470040 F
Davidson (FEMA Docket No. D- Government. August 13, William
7547). 2003, The Purcell Mayor
Tennessean. of the
Metropolitan
Government of
Nashville and
Davidson
County, 107
Metropolitan
Courthouse,
Nashville,
Tennessee
37201.
Tennessee: Williamson (FEMA Unincorporated August 6, 2003, Mr. Roger S. August 29, 2003 470204 E
Docket No. D-7547). Areas. August 13, Anderson,
2003, The Williamson
Review Appeal. County
Executive,
1320 West Main
Street, Suite
100, Franklin,
Tennessee
37064.
Virginia: Prince William Unincorporated August 11, Mr. Craig November 17, 510119 D
(FEMA Docket No. D-7547). Areas. 2003, August Gerhart, 2003.
18, 2003, Prince William
Potomac News. County
Executive, 1
County Complex
Court, Prince
William,
Virginia 22192.
----------------------------------------------------------------------------------------------------------------

[[Page 21973]]

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

Dated: April 7, 2004.
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response
Directorate.
[FR Doc. 04-9215 Filed 4-22-04; 8:45 am]

BILLING CODE 9110-12-P