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Changes in Flood Elevation Determinations

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Information about this document as published in the Federal Register.

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


Interim rule.


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.

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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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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 Start Printed Page 50319maintain 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 Oct. 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

  • Flood insurance
  • Floodplains, reporting and Recordkeeping requirements
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Accordingly, 44 CFR part 65 is amended to read as follows:

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

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State and countyLocationDates and name of newspaper where notice was publishedChief executive officer of communityEffective date of modificationCommunity No.
JeffersonCity of BirminghamJul. 1, 2004, Jul. 8, 2004, The LedgerThe Honorable Bernard Kincaid, Mayor of the City of Birmingham, City Hall, Room 500, 710 North 20th Street, Birmingham, Alabama 35203Jun. 24, 2004010116 E
St. ClairCity of MoodyJul. 22, 2004, Jul. 29, 2004, The Leeds NewsThe Honorable Joe Lee, Mayor of the City of Moody, 2900 Daniel Drive, Moody, Alabama 35004Jul. 13, 2004010187 B
WarrenCity of Bowling GreenJul. 5, 2004, Jul. 12, 2004, Daily NewsThe Honorable Sandy Jones, Mayor of the City of Bowling Green, P.O. Box 430, Bowling Green, Kentucky 42102-0430Jun. 28, 2004210219 D
WarrenUnincorporated AreasJul. 5, 2004, Jul. 12, 2004, Daily NewsThe Honorable Mike Buchanon, Warren County Judge/Executive, County Courthouse, 429 East 10th Street, Bowling Green, Kentucky 42101Jun. 28, 2004210312 D
Maine: CumberlandTown of ScarboroughJul. 7, 2004, Jul. 14, 2004, Portland Press HeraldMr. Ronald Owens, Scarborough Town Manager, P.O. Box 360, Scarborough, Maine 04070-0360Jun. 28, 2004230052 E
Massachusetts: SuffolkCity of BostonJul. 16, 2004, Jul. 23, 2004, Boston HeraldThe Honorable Thomas Menino, Mayor of the City of Boston, 1 City Hall Plaza, 5th Floor, Boston, Massachusetts 02201Jul. 9, 2004250286 D
Mississippi: DeSotoCity of Olive BranchAug. 5, 2004, Aug. 12, 2004, The DeSoto County TribuneThe Honorable Samuel P. Rikard, Mayor of the City of Olive Branch, City Hall, 9189 Pigeon Roost Road, Olive Branch, Mississippi 38654Jul. 27, 2004280286 E
DauphinTownship of Lower PaxtonJul. 19, 2004, Jul. 26, 2004, The Patriot NewsMr. William B. Hawk, Chairman of the Township of Lower Paxton Board of Supervisors, 75 South Houcks Road, Suite 207, Harrisburg, Pennsylvania 17109Oct. 25, 2004420384 B
BucksTownship of NorthamptonAug. 4, 2004, Aug. 11, 2004, Bucks County Courier TimesMr. Bruce Townsend, Township of Northampton, Manager, 55 Township Road, Richboro, Pennsylvania 18954Nov. 10, 2004420988 F
BucksTownship of WarminsterAug. 4, 2004, Aug. 11, 2004, The IntelligencerMs. Judith Smith, Township of Warminster, Manager, 401 Gibson Avenue, Warminster, Pennsylvania 18794Nov. 10, 2004420990 F
BucksTownship of WarringtonAug. 4, 2004, Aug. 11, 2004, The IntelligencerMr. John D. Bonargo, Sr., Township of Warrington, Manager, Township Building, 852 Easton Road, Warrington, Pennsylvania 18976Nov. 10, 2004420208 F
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BucksTownship of WarwickAug. 4, 2004, Aug. 11, 2004, The IntelligencerMs. Judith A. Algeo, Chairman of the Township of Warwick, Board of Supervisors, 1733 Township Greene, Jamison, Pennsylvania 18929Nov. 10, 2004420209 F
BucksTown of WrightstownAug. 4, 2004, Aug. 11, 2004, Bucks County Courier TimesMr. Chester S. Pogonowski, Chairman of the Township of Wrightstown, Board of Supervisors, 738 Penns Park Road, Wrightstown, Pennsylvania 18940Nov. 10, 2004421045 F
Tennessee: SumnerCity of GallatinJul. 9, 2004, Jul. 16, 2004, The News ExaminerThe Honorable Don K. Wright, Mayor of the City of Gallatin, 132 West Main Street, Gallatin, Tennessee 37066Jul. 2, 2004470185 D
Virginia: FauquierUnincorporated AreasJul. 15, 2004, Jul. 22, 2004, Fauquier CitizenMr. G. Robert Lee, Fauquier County Administrator, 40 Culpeper Street, Warrenton, VirginiaJul. 9, 2004510055 B

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

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Dated: August 9, 2004.

David I. Maurstad,

Acting Director, Mitigation Division, Emergency Preparedness and Response Directorate.

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[FR Doc. 04-18694 Filed 8-13-04; 8:45 am]