03-29794. Changes in Flood Elevation Determinations

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.

FOR FURTHER INFORMATION CONTACT:

Doug Bellomo, P.E., Hazard Identification Section, Emergency Preparedness and Response Directorate, FEMA, 500 C Street, SW., Washington, DC 20472, [phone].

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 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

• Flood insurance, floodplains, reporting and recordkeeping requirements

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

PART 65—[AMENDED]

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 follows:

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	July 18, 2003, July 25, 2003; The Dothan Eagle	The Honorable Chester L. Sowell, III, Mayor of the City of Dothan, P.O. Box 2128, Dothan, Alabama 36302	July 10, 2003	010104 E
Tuscaloosa	City of Northport	September 19, 2003, September 26, 2003; The Tuscaloosa News	The Honorable Harvey Fretwell, Mayor of the City of Northport, P.O. Box 569, Northport, Alabama 35476	December 26, 2003	010202 E
Tuscaloosa	City of Tuscaloosa	September 19, 2003, September 26, 2003; The Tuscaloosa News	The Honorable Alvin P. Dupont, Mayor of the City of Tuscaloosa, P.O. Box 2089, Tuscaloosa, Alabama 35403	December 26, 2003	010203 E
Connecticut:
Fairfield	Town of Greenwich	September 12, 2003, September 19, 2003; Greenwich Time	Mr. Richard V. Bergstresser, Town of Greenwich First Selectman, Greenwich Town Hall, 101 Field Point Road, Greenwich, Connecticut 06830	September 5, 2003	090008 C
Fairfield	Town of Greenwich	September 29, 2003, October 6, 2003; Greenwich Time	Mr. Richard V. Bergstresser, Town of Greenwich First Selectman, Greenwich Town Hall, 101 Field Point Road, Greenwich, Connecticut 06830	September 22, 2003	090008 C
New Havan	Town of Madison	September 12, 2003, September 19, 2003; The Hartford Courant	Mr. Thomas S. Scarpati, Town of Madision First Selectman, Town Hall, 8 Campus Drive, Madison, Connecticut 06443	December 19, 2003	090079 D
Windham	Town of Windham	August 11, 2003, August 18, 2003; The Chronicle	Mr. Michael Paulhaus, Town of Windham First Selectman, 979 Main Street, Willimantic, Connecticut 06226-2200	August 4, 2003	090119 D
Delaware:
New Castle	Unincorporated Areas	July 24, 2003, July 31, 2003; The News Journal	Mr. Thomas P. Gordon, New Castle County Executive, New Castle County Government Center, 87 Reads Way, New Castle, Delaware 19720	October 30, 2003	105085 G
Florida:
Orange	Unincorporated Areas	July 18, 2003, July 25, 2003; Orlando Sentinel	M. Krishnamurthy, Ph.D., P.E., Orange County Stormwater Management Manager, 4200 South John Young Parkway, Orlando, Florida 32839	July 10, 2003	120179 E
Osceola	Unincorporated Areas	September 15, 2003, September 22, 2003; The Ledger	Mr. Edwin E. Hunzeker, Osceola County Manager, 1 Courthouse Square, Suite 4700, Kissimmee, Florida 34741-5488	December 22, 2003,	120189 F
Polk	Unincorporated Areas	September 15, 2003, September 22, 2003; The Ledger	Mr. Jim W. Keene, Polk County Manager, 330 West Church Street, P.O. Box 9005, Drawer CA01, Bartow, Florida 33831-9005	December 22, 2003	120261 F
Georgia:
Cobb	Unincorporated Areas	August 1, 2003, August 8, 2003; Marietta Daily Journal	Mr. Samuel S. Owens, Chairman of the Cobb County Board of Commissioners, 100 Cherokee Street, Suite 300, Marietta, Georgia 30090-9680	July 15, 2003	130052 F
Cobb	Unincorporated Areas	August 1, 2003, August 8, 2003; Marietta Daily Journal	Mr. Samuel S. Olens, Chairman of the Cobb County Board of Commissioners, 100 Cherokee Street, Marietta, Georgia 30090-9680	November 7, 2003	130052 F
Columbia	Unincorporated Areas	July 17, 2003, July 24, 2003; The Augusta Chronicle	Mr. Steve Szablewski, Columbia County Administrator, 630 Ronald Reagan Drive, Evans, Georgia 30809	July 10, 2003	130059 B
Fulton	Unincorporated Areas	August 1, 2003, August 8, 2003; Fulton County Daily Report	Mr. Thomas C. Andrews, Fulton County Manager, Fulton County Government Center, 141 Pryor Street, 10th Floor, Atlanta, Georgia 30303	November 7, 2003	135160 E
Gwinnett	Unincorporated Areas	September 4, 2003, September 11, 2003; Gwinnett Daily Post	Mr. F. Wayne Hill, Chairman of the Gwinnett County Board of Commissioners, Justice and Administration Center, 75 Langley Drive, Lawrenceville, Georgia 30045	December 11, 2003	130322 C
Whitfield	Unincorporated Areas	August 15, 2003, August 22, 2003; The Daily Citizen-News	Mr. Mike Babb, Chairman of the Whitfield County Board of Commissioners, P.O. Box 248, Dalton, Georgia 30772	November 21, 2003	130193 C
Kentucky:	Lexington-Fayette Urban County Government	August 6, 2003, August 13, 2003; The Lexington Herald-Leader	The Honorable Teresa Isaac, Mayor of the Lexington-Fayette Urban County Government, 200 East Main Street, 12th Floor, Lexington, Kentucky 40507	July 29, 2003	210067 C
Maryland:
Montgomery	Unincorporated Areas	July 28, 2003, August 4, 2003; The Montgomery Journal	Mr. Douglas M. Duncan, Montgomery County Executive, Executive Office Building, 101 Monroe Street, Rockville, Maryland 20850	November 3, 2003	240049 C
Massachusetts:
Barnstable	Town of Bourne	September 24, 2003, October 1, 2003; Cape Cod Times	Mr. Mark A. Tirrell, Chairman of the Town of Bourne Board of Selectmen, Bourne Town Hall, 24 Perry Avenue, Buzzards Bay, Massachusetts 02532	September 17, 2003	255210 F
Barnstable	Town of Bourne	September 24, 2003, October 1, 2003; Cape Cod Times	Mr. Mark A. Tirrell, Chairman of the Town of Bourne Board of Selectmen, Bourne Town Hall, 24 Perry Avenue, Buzzards Bay, Massachusetts 02532	September 17, 2003	255210 E
Mississippi:
Harrison	City of Biloxi	October 3, 2003, October 10, 2003; The Sun Herald	The Honorable A.J. Holloway, Mayor of the City of Biloxi, P.O. Box 429, 140 Lameuse Street, Biloxi, Mississippi 39530	September 26, 2003	285252 C
New Hampshire:
Cheshire	City of Keene	October 3, 2003, October 20, 2003; The Keene Sentinel	The Honorable Michael Blastos, Mayor of the City of Keene, City Hall, 3 Washington Street, Keene, New Hampshire 03431	September 25, 2003	330023 D
New Jersey:
Union	Township of Scotch Plains	September 5, 2003, September 12, 2003; The Courier-News	The Honorable Martin L. Marks, Mayor of the Township of Scotch Plains, Municipal Building, 430 Park Avenue, Scotch Plains, New Jersey 07076	December 12, 2003	340474 C
Somerset	Borough of Watchung	September 5, 2003, September 12, 2003; The Courier-News	The Honorable Albert S. Ellis, Mayor of the Borough of Watchung, 15 Mountain Boulevard, Watchung, New Jersey 07069	Decemmber 12, 2003	340447 C
New York:
Dutchess	Town of Dover	July 10, 2003, July 17, 2003; Harlem Valley Times	Ms. Jill Way, Supervisor of the Town of Dover, Dover Town Hall, 126 East Duncan Hill Road, Dover Plains, New York 12522	January 2, 2004	361335 A
North Carolina:
Gaston	City of Gastonia	August 18, 2003, August 25, 2003; The Gaston Gazette	The Honorable Jennifer T. Stultz, Mayor of the City of Gastonia, P.O. Box 1748, 181 South Street, Gastonia, North Carolina 28053-1748	November 24, 2003	370100 E
Pennsylvania:
Montgomery	Township of Plymouth	August 29, 2003, September 5, 2003; The Times Herald	Ms. Karen Weiss, Township of Plymouth Manager, 700 Belvoir Road, Plymouth Meeting, Pennsylvania 19462	August 20, 2003	420955 E
Rhode Island:
Bristol	Town of Bristol	September 12, 2003, September 19, 2003; Providence Journal	Mr. Joseph F. Parella, Bristol Town Administrator, Town Hall, Bristol, Rhode Island 02809-2208	September 5, 2003	445393 F
South Carolina:
Charleston	City of Charleston	September 15, 2003, September 22, 2003; Post and Courier	The Honorable Joseph P. Riley, Jr., Mayor of the City of Charleston, P.O. Box 652, Charleston, South Carolina 29401	December 22, 2003	455412 G
Charleston	Unincorporated Areas	September 15, 2003, September 22, 2003; Post and Courier	Mr. Roland H. Windham, Jr., Charleston County Administrator, 4045 Bridge View Drive, North Charleston, South Carolina 29405	December 22, 2003	455413 G
Richland	Unincorporated Areas	August 19, 203, August 26, 2003; The State	Mr. T. Cary McSwain, Richland County Administrator, 2020 Hampton Street, P.O. Box 192, Columbia, South Carolina 29202	November 25, 2003	450170 G
Tennessee:
Nashville and Davidson	Metropolitan Government	August 6, 2003, August 13, 2003; The Tennessean	The Honorable William Purcell, Mayor of the Metropolitan Government of Nashville and Davidson County, 107 Metropolitan Courthouse, Nashville, Tennessee 37201	August 29, 2003	470040 F
Williamson	Unincorporated Areas	August 6, 2003, August 13, 2003; The Review Appeal	Mr. Roger S. Anderson, Williamson County Executive, 1320 West Main Street, Suite 100, Franklin, Tennessee 37064	August 29, 2003	470204 E
Virginia:
Dickenson	Unincorporated Areas	October 1, 2003, October 8, 2003; The Dickenson Star	Mr. Keith L. Viers, Dickenson County Administrator, Administrative Office, P.O. Box 1098, Clintwood, Virginia 24228	January 7, 2004	510253 C
Prince William	Unincorporated Areas	August 11, 2003, August 18, 2003; Potomac News	Mr. Craig Gerhart, Prince William County Executive, 1 County Complex Court, Prince William, Virginia 22192	November 17, 2003	510119 D
Russell	Unincorporated Areas	October 1, 2003, October 8, 2003; Lebanon News	Mr. Frank Horton, Chairman of the Russell County Board of Supervisors, P.O. Box 1208, Lebanon, Virginia 24266	January 7, 2004	510317 B

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

Dated: November 18, 2003.

Anthony S. Lowe,

Mitigation Division Director, Emergency Preparedness and Response Directorate.