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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

CFR Citation: 44 CFR Part 65

Docket ID: [Docket No. FEMA-D-7553]

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.

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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 shown below:
Dates and name of newspaper where Chief executive officer State and county Location notice was of community Effective date of modification community number published Alabama: Houston................ City of Dothan..... Jan. 28, 2004, Feb. The Honorable Chester L. May 5, 2004................... 010404 E 4, 2004, The Sowell, III, Mayor of Dothan Eagle. the City of Dothan, P.O. Box 2128, Dothan, Alabama 36302. Florida:

Orange...................... Unincorporated Jan. 28, 2004, Feb. Dr. M. Krishnamurthy, May 5, 2004................... 120179 E Areas. 4, 2004, The P.E., Manager of the Orlando Sentinel. Orange County Stormwater Management Division, 4200 South John Young Parkway, Orlando, Florida 32839.

Walton...................... Unincorporated Jan. 1, 2004, Jan. Mr. Larry Jones, April 8, 2004................. 120317 F Areas. 8, 2004, Defuniak Chairman of the Walton Springs Herald County Board of Breeze. Commissioners, P.O. Drawer 1355, Defuniak Springs, Florida 32435. Maryland: Howard................ Unincorporated Jan. 15, 2004, Jan. Mr. James N. Robey, April 22, 2004................ 240044 B Areas. 22, 2004, The Howard County Howard County Executive, 3430 Times. Courthouse Drive, Ellicott City, Maryland 21043. Mississippi: DeSoto............. City of Southaven.. Jan. 1, 2004, Jan. The Honorable Charles G. April 8, 2004................. 280331 F 8, 2004, The Davis, Mayor of the DeSoto County City of Southaven, 8710 Tribune. Northwest Drive, Southaven, Mississippi 38671. Pennsylvania: Lehigh............ Township of South Feb. 9, 2004, Feb. Mr. Gerald Gasda, Jan. 28, 2004................. 420593 D Whitehall. 16, 2004, The Township of South Morning Call. Whitehall Manager, 4444 Walbert Avenue, Allentown, Pennsylvania 18104. Puerto Rico..................... Commonwealth....... Jan. 20, 2004, Jan. The Honorable Sila M. April 27, 2004................ 720000 C 27, 2004, The San Calderon, Government of Juan Star. the Commonwealth of Puerto Rico, Office of the Governor, P.O. Box 9020082, San Juan, Puerto Rico 009020082. (Catalog of Federal Domestic Assistance No. 83.100, ``Flood Insurance'')

Dated: March 3, 2004.
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response Directorate.
[FR Doc. 045244 Filed 3804; 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.