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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. [[Page 51374]]

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 State and county Location newspaper where Chief Executive Officer of Effective date of Community number notice was published community modification Florida: Duval (FEMA Docket No. D City of Jacksonville. November 21, 2003, The Honorable John Peyton, November 10, 2003... 120077 E 7549). November 28, 2003, Mayor of the City of The Florida Times Jacksonville, 4th Floor, Union. City Hall at St. James, 117 West Duval Street, Suite 400, Jacksonville, Florida 32202. Florida: Walton (FEMA Docket No. D Unincorporated Areas. January 1, 2004, Mr. Larry Jones, Chairman April 8, 2004....... 120317 F 7553). January 8, 2004, of the Walton County Defuniak Springs Board of Commissioners, HeraldBreeze. P.O. Drawer 1355, Defuniak Springs, Florida 32435. Georgia: Gwinnett (FEMA Docket No. Unincorporated Areas. January 8, 2004, Mr. F. Wayne Hill, December 29, 2003... 130322 C D7551). January 15, 2004, Chairman of the Gwinnett Gwinnett Daily Post. County Board of Commissioners, Justice and Administration Center, 75 Langley Drive, Lawrenceville, Georgia 30045. Georgia: Bibb and Jones (FEMA City of Macon and December 31, 2003, The Honorable C. Jack April 7, 2004....... 130011 E Docket No. D7551). Bibb County. January 7, 2004, The Ellis, Mayor of the City Macon Telegraph. of Macon, 700 Poplar Street, Macon, Georgia 31201. Georgia: Oconee (FEMA Docket No. D City of Watkinsville. December 4, 2003, The Honorable W. B. May 20, 2004........ 130369 A 7549). December 11, 2003, Hardigree, Mayor of the Oconee Enterprise. City of Watkinsville, P.O. Box 27, Watkinsville, Georgia 31827. Massachusetts: Middlesex (FEMA Town of Andover...... December 9, 2003, Mr. Reginald S. March 16, 2004...... 250076 B Docket No. D7551). December 16, 2003, Stapczynski, Manager of The EagleTribune. the Town of Andover, Andover Town Office, 36 Bartlet Street, Andover, Massachusetts 01810. Massachusetts: Middlesex (FEMA Town of Wilmington... December 9, 2003, Mr. Michael Caira, Manager March 16, 2004...... 250227 C&D Docket No. D7551). December 16, 2003, of the Town of The Sun. Wilmington, Wilmington Town Hall, 121 Glen Road, Wilmington, Massachusetts 01887. Mississippi: DeSoto (FEMA Docket City of Southaven.... January 1, 2004, The Honorable Charles G. April 8, 2004....... 280331 F No. D7553). January 8, 2004, The Davis, Mayor of the City DeSoto County of Southaven, 8710 Tribune. Northwest Drive, Southaven, Mississippi 38671. New Jersey: Union (FEMA Docket No. Borough of Roselle... November 14, 2003, The Honorable Joseph E. February 20, 2004... 340472 A D7549). November 21, 2003, Croteau, Mayor of the Home News Tribune. Borough of Roselle, 210 Chestnut Street, Roselle, New Jersey 07203. North Carolina: Gaston (FEMA City of Belmont...... December 8, 2003, The Honorable Billy W. December 1, 2003.... 370320 E Docket No. D7551). December 15, 2003, Joye, Jr., Mayor of the The Gaston Gazette. City of Belmont, P.O. Box 431, Belmont, North Carolina 28012. North Carolina: Gaston (FEMA Unincorporated Areas. December 8, 2003, Mr. Jan Winters, Gaston December 1, 2003.... 370099 E Docket No. D7551). December 15, 2003, County Manager, P.O. Box The Gaston Gazette. 1578, Gastonia, North Carolina 28053. North Carolina: Gaston (FEMA City of Mount Holly.. December 8, 2003, The Honorable Robert December 1, 2003.... 370102 E Docket No. D7551). December 15, 2003, Black, Mayor of the City The Gaston Gazette. of Mount Holly, P.O. Box 406, Mount Holly, North Carolina 28120. Pennsylvania: Lebanon (FEMA Docket City of Lebanon...... January 2, 2004, The Honorable Robert A. April 9, 2004....... 420573 B No. D7551). January 9, 2004, Anspach, Mayor of the Lebanon Daily News. City of Lebanon, 400 South Eight Street, Lebanon, Pennsylvania 17042. Pennsylvania: Lebanon (FEMA Docket Township of South January 2, 2004, Mr. Curtis Kulp, Township April 9, 2004....... 420581 C No. D7551). Lebanon. January 9, 2004, of South Lebanon Manager, Lebanon Daily News. 1800 South Fifth Avenue, Lebanon, Pennsylvania 17042. Pennsylvania: Montgomery (FEMA Township of December 17, 2003, Mr. Donald Berger, December 10, 2003... 425388 E Docket No. D7551). Springfield. December 24, 2003, Township of Springfield Ambler Gazette. Manager, 1510 Papermill Road, Wyndmoor, Pennsylvania 19118. [[Page 51375]]
Pennsylvania: Montgomery (FEMA Township of Upper December 17, 2003, Mr. Paul Leonard, Township December 10, 2003... 420708 E Docket No. D7551). Dublin. December 24, 2003, of Upper Dublin Manager, Ambler Gazette. 801 Loch Alsh Avenue, Fort Washington, Pennsylvania 19304. Pennsylvania: Montgomery (FEMA Township of December 17, 2003, Mr. Lawrence J. Gregan, December 10, 2003... 420712 E Docket No. D7551). Whitemarsh. December 24, 2003, Township of Whitemarsh Times Herald. Manager, 616 Germantown Pike, Lafayette Hill, Pennsylvania 194441821. South Carolina: Horry (FEMA Docket Unincorporated Areas. December 29, 2003, Mr. Danny Knight, Horry December 22, 2003... 450104 H No. D7551). January 5, 2004, The County Administrator, Sun News. P.O. Box 1236, Conway, South Carolina 29528. Tennessee: Rutherford (FEMA Docket City of LaVergne..... January 5, 2004, The Honorable Mike Webb, December 29, 2003... 470167 E No. D7551). January 12, 2004, Mayor of the City of The Daily News LaVergne, 5093 Journal. Murfreesboro Road, LaVergne, Tennessee 37086. Virginia: Fauquier (FEMA Docket Unincorporated Areas. January 8, 2004, Mr. G. Robert Lee, December 23, 2003... 510055 A No. D7551). January 15, 2004, Fauquier County Fauquier Citizen. Administrator, 40 Culpeper Street, Warrenton, Virginia 20186. Wisconsin: Dane (FEMA Docket No. D Unincorporated Areas. November 20, 2003, Ms. Kathleen Falk, Dane February 26, 2004... 550077 F 7551). November 27, 2003, County Executive, City Wisconsin State County Building, Room Journal. 421, 210 Martin Luther King, Jr., Boulevard, Madison, Wisconsin 53709. Wisconsin: Dane (FEMA Docket No. D Village of Mazomanie. November 20, 2003, Mr. Jeff Wirth, Mazomanie February 26, 2004... 550085 F 7551). November 27, 2003, Village President, 133 NewsSickleArrow. Crescent Street, Mazomanie, Wisconsin 53560. (Catalog of Federal Domestic Assistance No. 83.100, ``Flood Insurance.'')

Dated: August 10, 2004.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and Response Directorate.
[FR Doc. 0419008 Filed 81804; 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.