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Rule

Changes in Flood Elevation Determinations

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Information about this document as published in the Federal Register.

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AGENCY:

Federal Emergency Management Agency (FEMA), Emergency Preparedness and Response Directorate, Department of Homeland Security.

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.

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 90-day period.

ADDRESSES:

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.

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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.

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SUPPLEMENTARY 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 Start Printed Page 67053pursuant 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.

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List of Subjects in 44 CFR Part 65

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Accordingly,

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PART 65—[AMENDED]

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1. The authority citation for Part 65 continues to read as follows:

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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.

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[Amended]
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2. The tables published under the authority of § 65.4 are amended as follows:

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State and countyLocationDates and name of newspaper where notice was publishedChief executive officer of communityEffective date of modificationCommunity number
Alabama:
HoustonCity of DothanJuly 18, 2003, July 25, 2003; The Dothan EagleThe Honorable Chester L. Sowell, III, Mayor of the City of Dothan, P.O. Box 2128, Dothan, Alabama 36302July 10, 2003010104 E
TuscaloosaCity of NorthportSeptember 19, 2003, September 26, 2003; The Tuscaloosa NewsThe Honorable Harvey Fretwell, Mayor of the City of Northport, P.O. Box 569, Northport, Alabama 35476December 26, 2003010202 E
TuscaloosaCity of TuscaloosaSeptember 19, 2003, September 26, 2003; The Tuscaloosa NewsThe Honorable Alvin P. Dupont, Mayor of the City of Tuscaloosa, P.O. Box 2089, Tuscaloosa, Alabama 35403December 26, 2003010203 E
Connecticut:
FairfieldTown of GreenwichSeptember 12, 2003, September 19, 2003; Greenwich TimeMr. Richard V. Bergstresser, Town of Greenwich First Selectman, Greenwich Town Hall, 101 Field Point Road, Greenwich, Connecticut 06830September 5, 2003090008 C
FairfieldTown of GreenwichSeptember 29, 2003, October 6, 2003; Greenwich TimeMr. Richard V. Bergstresser, Town of Greenwich First Selectman, Greenwich Town Hall, 101 Field Point Road, Greenwich, Connecticut 06830September 22, 2003090008 C
New HavanTown of MadisonSeptember 12, 2003, September 19, 2003; The Hartford CourantMr. Thomas S. Scarpati, Town of Madision First Selectman, Town Hall, 8 Campus Drive, Madison, Connecticut 06443December 19, 2003090079 D
WindhamTown of WindhamAugust 11, 2003, August 18, 2003; The ChronicleMr. Michael Paulhaus, Town of Windham First Selectman, 979 Main Street, Willimantic, Connecticut 06226-2200August 4, 2003090119 D
Delaware:
New CastleUnincorporated AreasJuly 24, 2003, July 31, 2003; The News JournalMr. Thomas P. Gordon, New Castle County Executive, New Castle County Government Center, 87 Reads Way, New Castle, Delaware 19720October 30, 2003105085 G
Florida:
OrangeUnincorporated AreasJuly 18, 2003, July 25, 2003; Orlando SentinelM. Krishnamurthy, Ph.D., P.E., Orange County Stormwater Management Manager, 4200 South John Young Parkway, Orlando, Florida 32839July 10, 2003120179 E
OsceolaUnincorporated AreasSeptember 15, 2003, September 22, 2003; The LedgerMr. Edwin E. Hunzeker, Osceola County Manager, 1 Courthouse Square, Suite 4700, Kissimmee, Florida 34741-5488December 22, 2003,120189 F
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PolkUnincorporated AreasSeptember 15, 2003, September 22, 2003; The LedgerMr. Jim W. Keene, Polk County Manager, 330 West Church Street, P.O. Box 9005, Drawer CA01, Bartow, Florida 33831-9005December 22, 2003120261 F
Georgia:
CobbUnincorporated AreasAugust 1, 2003, August 8, 2003; Marietta Daily JournalMr. Samuel S. Owens, Chairman of the Cobb County Board of Commissioners, 100 Cherokee Street, Suite 300, Marietta, Georgia 30090-9680July 15, 2003130052 F
CobbUnincorporated AreasAugust 1, 2003, August 8, 2003; Marietta Daily JournalMr. Samuel S. Olens, Chairman of the Cobb County Board of Commissioners, 100 Cherokee Street, Marietta, Georgia 30090-9680November 7, 2003130052 F
ColumbiaUnincorporated AreasJuly 17, 2003, July 24, 2003; The Augusta ChronicleMr. Steve Szablewski, Columbia County Administrator, 630 Ronald Reagan Drive, Evans, Georgia 30809July 10, 2003130059 B
FultonUnincorporated AreasAugust 1, 2003, August 8, 2003; Fulton County Daily ReportMr. Thomas C. Andrews, Fulton County Manager, Fulton County Government Center, 141 Pryor Street, 10th Floor, Atlanta, Georgia 30303November 7, 2003135160 E
GwinnettUnincorporated AreasSeptember 4, 2003, September 11, 2003; Gwinnett Daily PostMr. F. Wayne Hill, Chairman of the Gwinnett County Board of Commissioners, Justice and Administration Center, 75 Langley Drive, Lawrenceville, Georgia 30045December 11, 2003130322 C
WhitfieldUnincorporated AreasAugust 15, 2003, August 22, 2003; The Daily Citizen-NewsMr. Mike Babb, Chairman of the Whitfield County Board of Commissioners, P.O. Box 248, Dalton, Georgia 30772November 21, 2003130193 C
Kentucky:Lexington-Fayette Urban County GovernmentAugust 6, 2003, August 13, 2003; The Lexington Herald-LeaderThe Honorable Teresa Isaac, Mayor of the Lexington-Fayette Urban County Government, 200 East Main Street, 12th Floor, Lexington, Kentucky 40507July 29, 2003210067 C
Maryland:
MontgomeryUnincorporated AreasJuly 28, 2003, August 4, 2003; The Montgomery JournalMr. Douglas M. Duncan, Montgomery County Executive, Executive Office Building, 101 Monroe Street, Rockville, Maryland 20850November 3, 2003240049 C
Massachusetts:
BarnstableTown of BourneSeptember 24, 2003, October 1, 2003; Cape Cod TimesMr. Mark A. Tirrell, Chairman of the Town of Bourne Board of Selectmen, Bourne Town Hall, 24 Perry Avenue, Buzzards Bay, Massachusetts 02532September 17, 2003255210 F
BarnstableTown of BourneSeptember 24, 2003, October 1, 2003; Cape Cod TimesMr. Mark A. Tirrell, Chairman of the Town of Bourne Board of Selectmen, Bourne Town Hall, 24 Perry Avenue, Buzzards Bay, Massachusetts 02532September 17, 2003255210 E
Mississippi:
HarrisonCity of BiloxiOctober 3, 2003, October 10, 2003; The Sun HeraldThe Honorable A.J. Holloway, Mayor of the City of Biloxi, P.O. Box 429, 140 Lameuse Street, Biloxi, Mississippi 39530September 26, 2003285252 C
New Hampshire:
CheshireCity of KeeneOctober 3, 2003, October 20, 2003; The Keene SentinelThe Honorable Michael Blastos, Mayor of the City of Keene, City Hall, 3 Washington Street, Keene, New Hampshire 03431September 25, 2003330023 D
New Jersey:
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UnionTownship of Scotch PlainsSeptember 5, 2003, September 12, 2003; The Courier-NewsThe Honorable Martin L. Marks, Mayor of the Township of Scotch Plains, Municipal Building, 430 Park Avenue, Scotch Plains, New Jersey 07076December 12, 2003340474 C
SomersetBorough of WatchungSeptember 5, 2003, September 12, 2003; The Courier-NewsThe Honorable Albert S. Ellis, Mayor of the Borough of Watchung, 15 Mountain Boulevard, Watchung, New Jersey 07069Decemmber 12, 2003340447 C
New York:
DutchessTown of DoverJuly 10, 2003, July 17, 2003; Harlem Valley TimesMs. Jill Way, Supervisor of the Town of Dover, Dover Town Hall, 126 East Duncan Hill Road, Dover Plains, New York 12522January 2, 2004361335 A
North Carolina:
GastonCity of GastoniaAugust 18, 2003, August 25, 2003; The Gaston GazetteThe Honorable Jennifer T. Stultz, Mayor of the City of Gastonia, P.O. Box 1748, 181 South Street, Gastonia, North Carolina 28053-1748November 24, 2003370100 E
Pennsylvania:
MontgomeryTownship of PlymouthAugust 29, 2003, September 5, 2003; The Times HeraldMs. Karen Weiss, Township of Plymouth Manager, 700 Belvoir Road, Plymouth Meeting, Pennsylvania 19462August 20, 2003420955 E
Rhode Island:
BristolTown of BristolSeptember 12, 2003, September 19, 2003; Providence JournalMr. Joseph F. Parella, Bristol Town Administrator, Town Hall, Bristol, Rhode Island 02809-2208September 5, 2003445393 F
South Carolina:
CharlestonCity of CharlestonSeptember 15, 2003, September 22, 2003; Post and CourierThe Honorable Joseph P. Riley, Jr., Mayor of the City of Charleston, P.O. Box 652, Charleston, South Carolina 29401December 22, 2003455412 G
CharlestonUnincorporated AreasSeptember 15, 2003, September 22, 2003; Post and CourierMr. Roland H. Windham, Jr., Charleston County Administrator, 4045 Bridge View Drive, North Charleston, South Carolina 29405December 22, 2003455413 G
RichlandUnincorporated AreasAugust 19, 203, August 26, 2003; The StateMr. T. Cary McSwain, Richland County Administrator, 2020 Hampton Street, P.O. Box 192, Columbia, South Carolina 29202November 25, 2003450170 G
Tennessee:
Nashville and DavidsonMetropolitan GovernmentAugust 6, 2003, August 13, 2003; The TennesseanThe Honorable William Purcell, Mayor of the Metropolitan Government of Nashville and Davidson County, 107 Metropolitan Courthouse, Nashville, Tennessee 37201August 29, 2003470040 F
WilliamsonUnincorporated AreasAugust 6, 2003, August 13, 2003; The Review AppealMr. Roger S. Anderson, Williamson County Executive, 1320 West Main Street, Suite 100, Franklin, Tennessee 37064August 29, 2003470204 E
Virginia:
DickensonUnincorporated AreasOctober 1, 2003, October 8, 2003; The Dickenson StarMr. Keith L. Viers, Dickenson County Administrator, Administrative Office, P.O. Box 1098, Clintwood, Virginia 24228January 7, 2004510253 C
Prince WilliamUnincorporated AreasAugust 11, 2003, August 18, 2003; Potomac NewsMr. Craig Gerhart, Prince William County Executive, 1 County Complex Court, Prince William, Virginia 22192November 17, 2003510119 D
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RussellUnincorporated AreasOctober 1, 2003, October 8, 2003; Lebanon NewsMr. Frank Horton, Chairman of the Russell County Board of Supervisors, P.O. Box 1208, Lebanon, Virginia 24266January 7, 2004510317 B

(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”)

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Dated: November 18, 2003.

Anthony S. Lowe,

Mitigation Division Director, Emergency Preparedness and Response Directorate.

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[FR Doc. 03-29794 Filed 11-28-03; 8:45 am]

BILLING CODE 9110-12-P