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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

CFR Citation: 44 CFR Part 65

NOTICE: RULES

ACTION: Flood elevation determinations:

DOCUMENT ACTION: Final rule.

SUBJECT CATEGORY: Changes in Flood Elevation Determinations

DOCUMENT 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.

SUMMARY: Various States,

SUPPLEMENTAL 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.
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:
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. D7547). 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. D7547). 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. D7547). 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. D7547). 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. D7547). 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. D7547). 2003, August Paulhaus, Town 18, 2003, The of Windham Chronicle. First Selectman, 979 Main Street, Willimantic, Connecticut 062262200. Georgia: Fulton (FEMA Docket City of October 10, The Honorable October 3, 2003 130084 E No. D7547). 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. D7547). 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. D7547). 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. D7547). 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. D7547). 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. D7547). 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. D7547). 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 HeraldLeader. 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. D7547). 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. D7577). 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. D7547). 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. D7547). 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. D7547). Scotch Plains. 2003, Martin L. 2003. September 12, Marks, Mayor 2003, The of the CourierNews. 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. D7547). Watchung. 2003, Albert S. 2003. September 12, Ellis, Mayor 2003, The of the Borough CourierNews. 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. D7547). 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 280531748. Pennsylvania: Montgomery Township of August 29, Ms. Karen August 20, 2003 420955 E (FEMA Docket No. D7547). 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. D7547). 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. D7547). 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. D7547). 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. D7547). 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. D7547). 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. 049215 Filed 42204; 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.