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Rule

Changes in Flood Elevation Determinations

Action

Interim Rule.

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.

 

Table of Contents Back to Top

DATES: Back to Top

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 90-day period.

ADDRESSES: Back to Top

The modified BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT: Back to Top

Doug Bellomo, P.E., Hazard Identification Section, Emergency Preparedness and Response Directorate, FEMA, 500 C Street SW., Washington, DC 20472, (202) 646-2903.

SUPPLEMENTARY INFORMATION: Back to Top

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 Back to Top

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Accordingly, 44 CFR Part 65 is amended to read as follows:

PART 65—[AMENDED] Back to Top

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.

§ 65.4 [Amended]

2.The tables published under the authority of § 65.4 are amended as shown below:

State and county Location Dates and name of newspaper where notice was published Chief executive officer of community Effective date of modification Community No.
Alabama:          
Houston City of Dothan Mar. 4, 2004, Mar. 11, 2004, The Dothan Eagle The Honorable Chester L. Sowell, III, Mayor of the City of Dothan, P.O. Box 2128, Dothan, Alabama 36302 June 10, 2004 010104 E
Colbert City of Muscle Shoals. Mar. 24, 2004, Mar. 31, 2004, Times Daily The Honorable David H. Bradford, Mayor of the City of Muscle Shoals, P.O. Box 2624, Muscle Shoals, Alabama 35662 Apr. 17, 2004 010047 C
Tuscaloosa City of Tuscaloosa Mar. 24, 2004, Mar. 31, 2004, The Tuscaloosa News The Honorable Alvin P. Dupont, Mayor of the City of Tuscaloosa, P.O. Box 2089, Tuscaloosa, Alabama 35403 June 30, 2004 010203 E
Delaware: New Castle Unincorporated Areas Apr. 2, 2004, April 9, 2004, The News Journal Mr. Thomas P. Gordon, New Castle County Executive, New Castle County Government Center, 87 Reads Way, New Castle, Delaware 19720 July 9, 2004 105085 G
Florida:          
Charlotte A Unincorporated Areas Apr. 7, 2004, April 14, 2004, Sun Herald Mr. Bruce D. Loucks, Charlotte County Administrator, 18500 Murdock Circle, Port Charlotte, Florida 33948 Mar. 30, 2004 120061 F
Hillsborough Unincorporated Areas Apr. 14, 2004, April 21, 2004 Tampa Tribune Ms. Patricia G. Bean, Hillsborough County Administrator, County Center, 26th Floor, 601 East Kennedy Boulevard, Tampa, Florida 33602 Apr. 5, 2004 120112 C
Dade City of Miami Mar. 5, 2004, March 12, 2004, Miami Herald The Honorable Manuel A. Diaz, Mayor of the City of Miami, 3500 Pan American Drive, Miami, Florida 33133 Feb. 27, 2004 120650 J
Orange Unincorporated Areas Apr. 7, 2004, Apr. 14, 2002 Orlando Sentinel Mr. Krishnamurthy, Ph.D. P.E., Orange County Stormwater, Management Manager, 4200 South John Young Parkway, Orlando, Florida 32839 July 14, 2004 120179 E
Broward City of Parkland Mar. 8, 2004 March 15, 2004 The Sun-Sentinel The Nonorable Bob Marks, Mayor of the City of Parkland, 6600 University Drive, Parkland, Florida 33067 Mar. 1, 2004 120051 F
Georgia:          
Jackson Unincorporated Areas Apr. 14, 2003, Apr. 21, 2004, The Jackson Herald Mr. Al Crace, Jackson, County Manager, 67 Athens Street Jefferson, Georgia 30549 Apr. 1, 2004 130345 A
Chatham City of Savannah Apr. 6, 2004, Apr. 13, 2004 Savannah, Georgia The Honorable Floyd Adams, Jr. Mayor of the City of Savannah, P.O. Box 1027, Savannah, Georgia 31402 Mar. 30, 2004 135163 C
New Jersey: Hudson Township of North Bergen Mar. 31, 2004, Apr. 7, 2004, The Jersey Journal The Honorable Nicholas J. Sacco, Mayor of the Township of North Bergen, 4233 Kennedy Boulevard, North Bergen, New Jersey 07047 Mar. 23, 2004 340225 C
North Carolina: Orange Unincorporated Areas Jan. 28, 2004, Feb. 4, 2004, Chapel Hill Herald Mr. John M. Link, Jr., Orange County Manager, P.O. Box 8181, 200 South Cameron Street, Hillsborough, North Carolina 27278 May 4, 2004 370342 B
South Carolina:          
York City of Rock Hill. Mar. 24, 2004, Mar. 31, 2004, The Herald The Honorable Doug Echols, Mayor of the City of Rock Hill, P.O. Box 11706, Rock Hill, South Carolina 29731 June 30, 2004 450196 C
York Unincorporated Areas Mar. 24, 2004, Mar. 31, 2004, The Herald Mr. Alfred W. Green, York County Manager, P.O. Box 66, York, South Carolina 29745-0066 June 30, 2004 450193 C
Tennessee:          
Fayette Unincorporated Areas Mar. 3, 2004, Mar. 10, 2004, The Fayette Falcon The Honorable Rhea Taylor, Mayor of Fayette County, P.O. Box 218, Aomerville, Tennessee 38068 Nov. 21, 2003. 470352B
Shelby City of Memphis. Feb. 24, 2004, Mar. 2, 2004, The Commercial Appeal The Honorable Willie W. Herenton, Ph.D., Mayor of the City of Memphis 125 North Main Street, Suite 700, Memphis, Tennessee 38103 June 1, 2004 470177 E
Nashville and Davidson Metropolitan Government Jan. 26, 2004, Feb. 2, 2004, The Tennessean The Honorable Bill Purcell, Mayor of the Metropolitan Government of Nashville and Davidson County, 225 Polk Avenue, Nashville, Tennessee 37202. Feb. 16, 2004 470040 F
Virginia:          
Henrico Unincorporated Areas Apr. 20, 2004, Apr. 27, 2004, The Richmond Times Ms. Patricia S. O'Bannon, Chairman of the Henrico County Board of Supervisors, P.O. Box 27032, Richmond, Virginia 23273 Apr. 12, 2004 510077 B
Loudoun Unincorporated Areas Mar. 10, 2004, Mar. 17, 2004, Loudoun Times Mirror Mr. Kirby Bowers, Loudoun County Administrator, 1 Harrison Street., S.E., 5th Floor, P.O. Box 7000, Leesburg, Virginia 20177-7000 June 16, 2004 510090 D
Norfolk Independent City Apr. 5, 2004, Apr. 12, 2004, The Virginia-Pilot The Honorable Paul D. Fraim, Mayor of the City of Norfolk, 1109 City Hall Building 810 Union Street, Norfolk, Virginia 23510 Mar. 29, 2004 510104 E
Prince William Unincorporated Areas Mar. 17, 2004, Mar. 24, 2004, Potomac News Mr. Craig Gerhart, Prince William County Executive, 1 County Complex Court, Prince William, Virginia 22192 June 23, 2004 510119 D
Independent City City of Winchester Mar. 15, 2004, Mar. 22, 2005, Winchester Star Mr. Edward C. Daley, City of Winchester Manager, Rouss City Hall, 15 North Cameron Street, Winchester, Virginia 22601 Mar. 4, 2004 51073 B
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(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance”)

Dated: May 26, 2004.

Anthony S. Lowe,

Mitigation Division Director, Emergency Preparedness and Response Directorate.

[FR Doc. 04-12373 Filed 6-1-04; 8:45 am]

BILLING CODE 9110-12-P

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