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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:

Final rule.

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.

EFFECTIVE DATES:

The effective dates for these modified BFEs are indicated on the following table and revise the Flood Insurance Rate Map(s) (FIRMs) in effect for each listed community prior to this date.

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:

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.

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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: Tuscaloosa (FEMA Docket No. D-7547)City 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
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Alabama: Tuscaloosa (FEMA Docket No. D-7547)City 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: Fairfield (FEMA Docket No. D-7547)Town 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
Connecticut: Fairfield (FEMA Docket No. D-7547)Town 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
Connecticut: New Haven (FEMA Docket No. D-7547)Town of MadisonSeptember 12, 2003, September 19, 2003, The Hartford CourantMr. Thomas S. Scarpati, Town of Madison First Selectman, Town Hall, 8 Campus Drive, Madison, Connecticut 06443December 19, 2003090079 D
Connecticut: Windham (FEMA Docket No. D-7547)Town 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
Georgia: Fulton (FEMA Docket No. D-7547)City of AlpharettaOctober 10, 2003, October 17, 2003, Fulton County Daily ReportThe Honorable Arthur Letchas, Mayor of the City of Alpharetta, Two South Main Street, Alpharetta, Georgia 30004October 3, 2003130084 E
Georgia: Cobb (FEMA Docket No. D-7547)Unincorporated 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
Georgia: Cobb (FEMA Docket No. D-7547)Unincorporated 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 30090-9680July 15, 2003130052 F
Georgia: Fulton (FEMA Docket No. D-7547)Unincorporated 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
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Georgia: Gwinnett (FEMA Docket No. D-7547)Unincorporated 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
Georgia: Fulton (FEMA Docket No. D-7547)City of RoswellOctober 10, 2003, October 17, 2003, Fulton County Daily ReportThe Honorable Jere Wood, Mayor of the City of Roswell, 38 Hill Street, Suite 115, Roswell, Georgia 30075October 3, 2003130088 E
Georgia: Whitfield (FEMA Docket No. D-7547)Unincorporated 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: (FEMA Docket No. D-7547)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: Montgomery (FEMA Docket No. D-7547)Unincorporated 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: Barnstable (FEMA Docket No. D-7577)Town 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
Massachusetts: Barnstable (FEMA Docket No. D-7547)Town 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
Mississippi: Harrison (FEMA Docket No. D-7547)City 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 Jersey: Union (FEMA Docket No. D-7547)Township 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
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New Jersey: Somerset (FEMA Docket No. D-7547)Borough 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 07069December 12, 2003340447 C
North Carolina: Gaston (FEMA Docket No. D-7547)City 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: Montgomery (FEMA Docket No. D-7547)Township 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: Bristol (FEMA Docket No. D-7547)Town 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: Charleston (FEMA Docket No. D-7547)Unincorporated 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
South Carolina: Richland (FEMA Docket No. D-7547)Unincorporated AreasAugust 19, 2003, 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 Davidson (FEMA Docket No. D-7547)Metropolitan 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
Tennessee: Williamson (FEMA Docket No. D-7547)Unincorporated 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: Prince William (FEMA Docket No. D-7547)Unincorporated 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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(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”)

Dated: April 7, 2004.

Anthony S. Lowe,

Mitigation Division Director, Emergency Preparedness and Response Directorate.

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[FR Doc. 04-9215 Filed 4-22-04; 8:45 am]

BILLING CODE 9110-12-P