Federal Emergency Management Agency (FEMA), Emergency Preparedness and Response Directorate, Department of Homeland Security.
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.
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.
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.Start Further Info
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.End Further Info End Preamble Start 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. Start Printed Page 10924
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.
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.Start List of Subjects
List of Subjects in 44 CFR Part 65End List of Subjects Start Amendment Part
Accordingly,End Amendment Part Start Part
PART 65—[AMENDED]End Part Start Amendment Part
1. The authority citation for part 65 continues to read as follows:End Amendment Part
2. The tables published under the authority of § 65.4 are amended as shown below:End Amendment Part
|State and county||Location||Dates and name of newspaper where notice was published||Chief executive officer of community||Effective date of modification||community number|
|Alabama: Houston||City of Dothan||Jan. 28, 2004, Feb. 4, 2004, The Dothan Eagle||The Honorable Chester L. Sowell, III, Mayor of the City of Dothan, P.O. Box 2128, Dothan, Alabama 36302||May 5, 2004||010404 E|
|Orange||Unincorporated Areas||Jan. 28, 2004, Feb. 4, 2004, The Orlando Sentinel||Dr. M. Krishnamurthy, P.E., Manager of the Orange County Stormwater Management Division, 4200 South John Young Parkway, Orlando, Florida 32839||May 5, 2004||120179 E|
|Walton||Unincorporated Areas||Jan. 1, 2004, Jan. 8, 2004, Defuniak Springs Herald-Breeze||Mr. Larry Jones, Chairman of the Walton County Board of Commissioners, P.O. Drawer 1355, Defuniak Springs, Florida 32435||April 8, 2004||120317 F|
|Maryland: Howard||Unincorporated Areas||Jan. 15, 2004, Jan. 22, 2004, The Howard County Times||Mr. James N. Robey, Howard County Executive, 3430 Courthouse Drive, Ellicott City, Maryland 21043||April 22, 2004||240044 B|
|Mississippi: DeSoto||City of Southaven||Jan. 1, 2004, Jan. 8, 2004, The DeSoto County Tribune||The Honorable Charles G. Davis, Mayor of the City of Southaven, 8710 Northwest Drive, Southaven, Mississippi 38671||April 8, 2004||280331 F|
|Pennsylvania: Lehigh||Township of South Whitehall||Feb. 9, 2004, Feb. 16, 2004, The Morning Call||Mr. Gerald Gasda, Township of South Whitehall Manager, 4444 Walbert Avenue, Allentown, Pennsylvania 18104||Jan. 28, 2004||420593 D|
|Puerto Rico||Commonwealth||Jan. 20, 2004, Jan. 27, 2004, The San Juan Star||The Honorable Sila M. Calderon, Government of the Commonwealth of Puerto Rico, Office of the Governor, P.O. Box 9020082, San Juan, Puerto Rico 00902-0082||April 27, 2004||720000 C|
(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance”)Start Signature
Dated: March 3, 2004.
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response Directorate.
[FR Doc. 04-5244 Filed 3-8-04; 8:45 am]
BILLING CODE 9110-12-P