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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

CFR Citation: 44 CFR Part 65

Docket ID: [Docket No. FEMA-D-7549]

NOTICE: RULES

ACTION: Flood elevation determinations:

DOCUMENT ACTION: Interim rule.

SUBJECT CATEGORY: Changes in Flood Elevation Determinations

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 90day period.

DOCUMENT 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.

SUMMARY: Various States,

SUPPLEMENTAL 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.
Accordingly, 44 CFR part 65 is amended to read as follows:
PART 65[AMENDED]
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]
2. The tables published under the authority of Sec. 65.4 are amended as follows:
[[Page 515]]
Dates and name of State and county Location newspaper where Chief executive officer of Effective date of Community No. notice was published community modification Delaware:
Kent............................ City of Dover........ Nov. 24, 2003, Mr. Anthony J. DePrima, Dec. 26, 2003........ 100006 H Delaware State News. AICP, City of Dover Manager, P.O. Box 4751, Dover, Delaware 19903 0475. New Castle...................... Unincorporated areas. Nov. 10, 2003, Nov. Mr. Thomas P. Gordon, New Oct. 30, 2003........ 105085 G 17, 2003, The News Castle County Executive, Journal. New Castle County Government Center, 87 Reads Way, New Castle, Delaware 19720. Florida:
Duval........................... City of Jacksonville. Nov. 21, 2003, Nov. The Honorable John Peyton, Nov. 10, 2003........ 120077 E 28, 2003, The Mayor of the City of Florida TimesUnion. Jacksonville, 4th Floor, City Hall at St. James, 117 West Duval Street, Suite 400, Jacksonville, Florida 32202. Orange.......................... Unincorporated areas. Nov. 5, 2003, Nov. M. Krishnamurthy, Ph.D., Feb. 11, 2004........ 120179 E 12, 2003, Orlando P.E., Orange County Sentinel. Stormwater Management Manager, 4200 South John Young Parkway, Orlando, Florida 32839. Georgia:
Fulton.......................... City of Alpharetta... Oct. 10, 2003, Oct. The Honorable Arthur Oct. 3, 2003......... 130084 E 17, 2003, Fulton Letchas, Mayor of the County Daily Report. City of Alpharetta, Two South Main Street, Alpharetta, Georgia 30004. Fulton.......................... City of Roswell...... Oct. 10, 2003, Oct. The Honorable Jere Wood, Oct. 3, 2003......... 130088 E 17, 2003, Fulton Mayor of the City of County Daily Report. Roswell, 38 Hill Street, Suite 115, Roswell, Georgia 30075. Oconee.......................... City of Watkinsville. Dec. 4, 2003, Dec. The Honorable W. B. May 20, 2003......... 130369 A 11, 2003, Oconee Hardigree, Mayor of the Enterprise. City of Watkinsville, P.O. Box 27, Watkinsville, Georgia 31827. Kentucky:
Jefferson....................... Unincorporated areas. Oct. 27, 2003, Nov. The Honorable Jerry Oct. 17, 2003........ 210120 D 3, 2003, The Courier Abramson, Mayor of Metro Journal. Louisville/Jefferson County, 527 West Jefferson Street, Suite 400, Louisville, Kentucky 40202. LexingtonFayette Oct. 10, 2003, Oct. The Honorable Teresa Jan. 16, 2004........ 210067 C Urban County 17, 2003, Lexington Isaac, Mayor of the Government. HeraldLeader. LexingtonFayette Urban County Government, 200 East Main Street, 12th Floor, Lexington, Kentucky 40507. Pike............................ Unincorporated areas. Nov. 5, 2003, Nov. The Honorable William M. Oct. 29, 2003........ 210298 F 12, 2003, Deskins, Pike County Appalachian News Judge/Executive, Pike Express. County Courthouse, 146 Main Street, Pikeville, Kentucky 41501. Mississippi:
Hinds, Rankin, and Madison...... City of Jackson...... Oct. 7, 2003, Oct. The Honorable Harvey Jan. 13, 2004........ 280072 F,G 14, 2003, The Johnson, Jr., Mayor of ClarionLedger. the City of Jackson, P.O. Box 17, 219 South President Street, Jackson, Mississippi 392050017. Madison......................... Unincorporated areas. Oct. 7, 2003, Oct. Mr. David H. Richardson, Jan. 13, 2004........ 280228 D 14, 2003, The President of the Madison ClarionLedger. County Board of Supervisors, P.O. Box 608, 146 West Center Street, Canton, Mississippi 39046. Madison......................... City of Ridgeland.... Oct. 7, 2003, Oct. The Honorable Gene F. Jan. 13, 2004........ 280110 D 14, 2003, The McGee, Mayor of the City ClarionLedger. of Ridgeland, P.O. Box 217, Ridgeland, Mississippi 39158. Madison......................... City of Ridgeland.... Oct. 13, 2003, Oct. The Honorable Gene F. Oct. 6, 2003......... 280110 D 20, 2003, The McGee, Mayor of the City ClarionLedger. of Ridgeland, P.O. Box 217, Ridgeland, Mississippi 39158. New Jersey:
Union........................... Borough of Roselle... Nov. 14, 2003, Nov. The Honorable Joseph E. Feb. 20, 2004........ 340472 A 21, 2003, Home News Croteau, Mayor of the Tribune. Borough of Roselle, 210 Chestnut Street, Roselle, New Jersey 07203. [[Page 516]]
New York:
Ulster.......................... Town of Woodstock.... Nov. 13, 2003, Nov. Mr. Jeremy Wilbur, May 3, 2004.......... 360868 B 20, 2003, Woodstock Supervisor of the Town of Times. Woodstock, 45 Comeau Drive, Woodstock, New York 12498. Ulster.......................... Town of Woodstock.... Nov. 21, 2003, Nov. Mr. Jeremy Wilbur, May 17, 2004......... 360868 B 28, 2003, Woodstock Supervisor of the Town of Times. Woodstock, 45 Comeau Drive, Woodstock, New York 12498. North Carolina:
Durham.......................... City of Durham....... Oct. 21, 2003, Oct. The Honorable William V. Jan. 27, 2004........ 370086 G 28, 2003, The Herald Bell, Mayor of the City Sun. of Durham, 101 City Hall Plaza, Durham, North Carolina 27701. Puerto Rico..................... Commonwealth......... Nov. 7, 2003, Nov. The Honorable Sila M. Feb. 13, 2004........ 720000 C 14, 2003, The San Calderon, Governor of the Juan Star. Commonwealth of Puerto Rico, Office of the Governor, P.O. Box 9020082, San Juan, Puerto Rico 009020082. South Carolina:
Charleston...................... City of Isle of Palms Nov. 6, 2003, Nov. The Honorable F. Michael Oct. 30, 2003........ 455416 E 13, 2003, Post and Sottile, Mayor of the Courier. City of Isle of Palms, P.O. Box 508, Isle of Palms, South Carolina 29451. West Virginia:
Mingo........................... City of Williamson... Nov. 6, 2003, Nov. The Honorable Charles S. Oct. 29, 2003........ 540138 D 13, 2003, The West, Mayor of the City Williamson Daily of Williamson, 107 East News. 4th Avenue, P.O. Box 1517, Williamson, West Virginia 25661. (Catalog of Federal Domestic Assistance No. 83.100, ``Flood Insurance.'')

Dated: December 18, 2003.
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response Directorate.
[FR Doc. 04161 Filed 1504; 8:45 am]
BILLING CODE 911012P

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.