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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

CFR Citation: 44 CFR Part 65

Docket ID: [Docket No. FEMA-D-7559]

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 shown below:
Dates and name of State and county Location newspaper where Chief Executive Officer of Effective date of Community number notice was published community modification Alabama: Houston.................. City of Dothan....... May 13, 2004, May 20, The Honorable Chester L. May 5, 2004......... 010104 E 2004, The Dothan Sowell, III, Mayor of the Eagle. City of Dothan, P.O. Box 2128, Dothan, Alabama 36302. Alabama: Jefferson................ Unincorporated Areas. June 1, 2004, June 8, Mr. Larry Langford, September 7, 2004... 010217 E 2004, The Birmingham President of the News. Jefferson County Commission, 716 Richard Arrington Jr. Boulevard North, Birmingham, Alabama 352030005. Connecticut: Fairfield............ Town of Greenwich.... May 4, 2004, May 11, Mr. Jim Lash, Town of April 26, 2004...... 090008 C 2004, Greenwich Time. Greenwich First Selectman, Town Hall, 101 Field Point Road, Greenwich, Connecticut 06830. Connecticut: Tolland.............. Town of Somers....... June 4, 2004, June Mr. David A. Pinney, Town May 27, 2004........ 090112 B 11, 2004, Journal of Somers First Inquirer. Selectman, Somers Town Hall, 600 Main Street, Somers, Connecticut 06071. Delaware: New Castle.............. Unincorporated Areas. May 10, 2004, May 17, Mr. Thomas P. Gordon, New August 16, 2004..... 105085 G 2004, The News Castle County Executive, Journal. New Castle County Government Center, 87 Reads Way, New Castle, Delaware 19720. Florida: Duval.................... City of Jacksonville. April 19, 2004, April The Honorable John Peyton, July 26, 2004....... 120077 E 26, 2004, The Mayor of the City of Florida TimesUnion. Jacksonville, City Hall at St. James, 4th Floor, 117 West Duval Street, Suite 400, Jacksonville, Florida 32202. Florida: Polk..................... Unincorporated Areas. April 20, 2004, April Mr. Michael Herr, Polk July 27, 2004....... 120261 F 27, 2004, The Ledger. County Manager, 330 West Church Street, P.O. Box 9005, Drawer CS10, Bartow, Florida 33831 9005. [[Page 51382]]
Florida: Polk..................... Unincorporated Areas. June 14, 2004, June Mr. Michael Herr, Polk June 7, 2004........ 120261 F 21, 2004, The Ledger. County Manager, 330 West Church Street, P.O. Box 9005, Drawer CA01, Bartow, Florida 33831 9005. Georgia: Harris................... Unincorporated Areas. June 3, 2004, June Ms. Carol Silva, Harris May 25, 2004........ 130338 A 10, 2004, Harris County Manager, P.O. Box County Journal. 365, Hamilton, Georgia 31811. Georgia: Chatham.................. City of Savannah..... June 10, 2004, June The Honorable Otis S. June 3, 2004........ 135163 C 17, 2004, Savannah Johnson, Ph.D., Mayor of Morning News. the City of Savannah, P.O. Box 1027, Savannah, Georgia 31402. Illinois: DuPage.................. Village of Lisle..... June 7, 2004, June The Honorable Joseph September 13, 2004.. 170211 B 14, 2004, Daily Broda, Mayor of the Herald. Village of Lisle, 925 Burlington Avenue, Lisle, Illinois 605321838. Kentucky.......................... LexingtonFayette April 23, 2004, April The Honorable Teresa July 30, 2004....... 210067 C Urban County 30, 2004, Lexington Isaac, Mayor of the Government. HeraldLeader. LexingtonFayette Urban County Government, 200 East Main Street, 12th Floor, LexingtonFayette Government Building, Lexington, Kentucky 40507. Maryland: Harford................. Unincorporated Areas. June 18, 2004, June Mr. James M. Harkins, September 24, 2004.. 240040 D 25, 2004, The Aegis. Harford County Executive, 220 South Main Street, Bel Air, Maryland 21014. Massachusetts: Barnstable......... Town of Falmouth..... April 23, 2004, April Mr. Robert L. Whritenour, April 16, 2004...... 255211 G 30, 2004, Cape Cod Jr., Falmouth Town Times. Administrator, 59 Town Hall Square, Falmouth, Massachusetts 02540. New Jersey: Camden................ Township of Winslow.. March 31, 2004, April The Honorable Sue Ann August 20, 2004..... 340148 B 7, 2004, The Jersey Metzner, Mayor of the Journal. Township of Winslow, 125 South Route 73, Winslow, New Jersey 08037. North Carolina: Durham............ Unincorporated Areas. May 28, 2004, June 4, Mr. Michael M. Ruffin, May 21, 2004........ 370085 G 2004, The HeraldSun. Durham County Manager, 200 East Main Street, 2nd Floor, Durham, North Carolina 27701. North Carolina: Cumberland........ City of Fayetteville. May 6, 2004, May 13, Mr. Roger Stancil, August 13, 2004..... 370077 B 2004, Fayetteville Fayetteville City Observer. Manager, P.O. Box 1846, Fayetteville, North Carolina 28301. Puerto Rico....................... Commonwealth......... May 14, 2004, May 21, The Honorable Sila M. May 5, 2004......... 720000 C 2004, The San Juan Calderon, Governor of the Star. Commonwealth of Puerto Rico, Office of the Governor, P.O. Box 9020082, San Juan, Puerto Rico 009020082. South Carolina: Richland.......... Unincorporated Areas. April 20, 2004, April Mr. T. Cary McSwain, July 27, 2004....... 450170 H 27, 2004, The State. Richland County Administrator, 2020 Hampton Street, P.O. Box 192, Columbia, South Carolina 29202. (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. 0419010 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.