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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

CFR Citation: 44 CFR Part 65

Docket ID: [Docket No. FEMA-D-7551]

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.
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DOCUMENT SUMMARY: This interim rule lists commmunities 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 requirement 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 shown below:
Dates and name of newspaper where Chief executive officer of State and county Location notice was published community Effective date of modification Community No. Florida: Walton.................... Unincorporated Areas December 29, 2003, January 5, Mr. Larry Jones, Chairman of the April 5, 2004 120317 F 2004, Defuniak Springs Herald Walton County Board of Breeze. Commissioners, P.O. Drawer 1355, Defuniak Springs, Florida 32435. Georgia: Gwinnett.................. Unincorporated Areas January 8, 2004, January 15, Mr. F. Wayne Hill, Chairman of December 29, 2003 130322 C 2004, Gwinnett Daily Post. the Gwinnett County Board of Commissioners, Justice and Administration Center, 75 Langley Drive, Lawrenceville, Georgia 30045. Georgia: Bibb and Jones............ City of Macon and Bibb County December 31, 2003, January 7, The Honorable C. Jack Ellis, April 7, 2004 130011 E 2004, The Macon Telegraph. Mayor of the City of Macon, 700 Poplar Street, Macon, Georgia 31201. [[Page 6168]]
Massachusetts: Middlesex........... Town of Andover December 9, 2003, December 16, Mr. Reginald S. Stapczynski, March 16, 2004 250076 B 2003, The EagleTribune. Manager of the Town of Andover, Andover Town Office, 36 Bartlett Street, Andover, Massachusetts 01810. Massachusetts: Middlesex........... Town of Wilmington December 9, 2003, December 16, Mr. Michael Caira, Manager of the March 16, 2004 250227 C&D 2003, The Sun. Town of Wilmington, Wilmington Town Hall, 121 Glen Road, Wilmington, Massachusetts 01887. Pennsylvania: Lebanon.............. City of Lebanon January 2, 2004, January 9, 2004, The Honorable Robert A. Anspach, April 9, 2004 420573 B Lebanon Daily News. Mayor of the City of Lebanon, 400 South Eight Street, Lebanon, Pennsylvania 17042. Pennsylvania: Lebanon.............. Township of South Lebanon January 2, 2004, January 9, 2004, Mr. Curtis Kulp, Township of April 9, 2004 420581 C Lebanon Daily News. South Lebanon Manager, 1800 South Fifth Avenue, Lebanon, Pennsylvania 17042. Pennsylvania: Montgomery........... Township of Springfield December 17, 2003, December 24, Mr. Donald Berger, Township of December 10, 2003 425388 E 2003, Ambler Gazette. Springfield Manager, 1510 Papermill Road, Wyndmoor, Pennsylvania 19118. Pennsylvania: Montgomery........... Township of Upper Dublin December 17, 2003, December 24, Mr. Paul Leonard, Township of December 10, 2003 420708 E 2003, Ambler Gazette. Upper Dublin Manager, 801 Loch Alsh Avenue, Fort Washington, Pennsylvania 19304. New York: Niagara.................. Town of Newfane December 24, 2003, December 31, Mr. Eric Krueger, Town of Newfane June 16, 2004 360504 B 2003, Union & Sun Journal. Supervisor, Newfane Town Hall, 2896 Transit Road, Newfane, New York 14108. New York: Niagara.................. City of Niagara Falls December 23, 2003, December 30, The Honorable Irene J. Elia, June 16, 2004 360506 B 2003, Niagara Falls Gazette. Mayor of the City of Niagara Falls, P.O. Box 69, Niagara Falls, New York 143020069. North Carolina: Gaston............. City of Belmont December 8, 2003, December 15, The Honorable Billy W. Joye, Jr., December 1, 2003 370320 E 2003, The Gaston Gazette. Mayor of the City of Belmont, P.O. Box 431, Belmont, North Carolina 28012. North Carolina: Durham............. Unincorporated Areas June 24, 2003, July 1, 2003, The Mr. Michael M. Ruffin, Durham September 30, 2003. 370085 G HeraldSun. County Manager, 200 East Main Street, 2nd Floor, Durham, North Carolina 27701. North Carolina: Durham............. City of Durham June 24, 2003, July 1, 2003, The The Honorable William V. Bell, September 30, 2003. 370086 G HeraldSun. Mayor of the City of Durham, 101 City Hall Plaza, Durham, North Carolina 27701. [[Page 6169]]
North Carolina: Durham............. Unincorporated Areas December 8, 2003, December 15, Mr. Jan Winters, Gaston County December 1, 2003. 370099 E 2003, The Gaston Gazette. Manager, P.O. Box 1578, Gastonia, North Carolina 28053. North Carolina: Gaston............. City of Mount Holly December 8, 2003, December 15, The Honorable Robert Black, Mayor December 1, 2003. 370102 E 2003, The Gaston Gazette. of the City of Mount Holly, P.O. Box 406, Mount Holly, North Carolina 28120. Pennsylvania: Montgomery........... Township of Whitemarsh December 17, 2003, December 24, Mr. Lawrence J. Gregan, Township December 20, 2003. 420712 E 2003, Times Herald. of Whitemarsh Manager, 616 Germantown Pike, Lafeyette Hill, Pennsylvania 194441821. Puerto Rico........................ Commonwealth January 2, 2004, January 9, 2004, The Honorable Sila M. Calderon, April 9, 2004. 720000 C The San Juan Star. Governor of the Commonwealth of Puerto Rico, Office of the Governor, P.O. Box 9020082, San Juan, Puerto Rico 009020082. South Carolina: Horry.............. Unincorporated Areas December 29, 2003, January 5, Mr. Danny Knight, Horry County December 22, 2003 450104 H 2004, The Sun News. Administrator, P.O. Box 1236, Conway, South Carolina 29528. Tennessee: Rutherford.............. City of La Vergne January 5, 2004, January 12, The Honorable Mike Webb, Mayor of December 29, 2003 470167 E 2004, The Daily News Journal. the City of LaVergne, 5093 Murfreesboro, Road, LaVergne, Tennessee 37086. Virginia: Fauquier................. Unincorporated Areas January 8, 2004, January 15, Mr. G. Robert Lee, Fauquier December 23, 2003 510055 A 2004, Fauquier Citizen. County Administrator, 40 Culpeper Street, Warrenton, Virginia 20186. Wisconsin: Dane.................... Unincorporated Areas November 20, 2003, November 27, Ms. Kathleen Falk, Dane County February 26, 2004 550077 F 2003, Wisconsin State Journal. Executive, CityCouncil Building, Room 421, 210 Martin Luther King, Jr., Boulevard, Madison, Wisconsin 53709. Wisconsin: Dane.................... Village of Mazomanie November 20, 2003, November 27, Mr. Jeff Wirth, Mazomanie Village February 26, 2004 550085 F 2003, NewsSickleArrow. President, 133 Crescent Street, Mazomanie, Wisconsin 53560. [[Page 6170]]
(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. 042789 Filed 2904; 8:45 am]
BILLING CODE 911012M

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.