05-3776. 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 shown below:

State and county	Location	Dates, and name of newspaper where notice was published	Chief executive officer of community	Effective date of modification	Community No.
Alabama: Colbert	City of Muscle Shoals	December 10, 2004; December 17, 2004; Times Daily	The Honorable David H. Bradford, Mayor of the City of Muscle Shoals, P.O. Box 2624, Muscle Shoals, Alabama 35662	November 30, 2004	010047 C
Connecticut:
Fairfield	Town of Greenwich	December 6, 2004; December 13, 2004; Greenwich Time	Mr. Jim Lash, Town of Greenwich First Selectman, Town Hall, 101 Field Point Road, Greenwich, Connecticut 06830	November 23, 2004	090008 C
New Haven	Town of Madison	January 12, 2005; January 19, 2005; Shore Line Times	Mr. Thomas S. Scarpati, First Selectman of the Town of Madison, 8 Campus Drive, Madison, Connecticut 06443	December 27, 2004	090079 C
Florida:
Duval	City of Jacksonville	October 22, 2004; October 29, 2004; The Florida Times-Union	The Honorable John Peyton, Mayor of the City of Jacksonville, City Hall at St. James, 4th Floor, 117 West Duval Street, Suite 400, Jacksonville, Florida 32202	October 15, 2004	120077 E
Lake	Unincorporated Areas	November 17, 2004; November 24, 2004; Orlando Sentinel	Mr. William A. Neron, Lake County Manager, P.O. Box 7800, Tavares, Florida 32778	November 4, 2004	120421 D
Lake	Unincorporated Areas	December 10, 2004; December 17, 2004; Orlando Sentinel	Mr. William A. Neron, Lake County Manager, P.O. Box 7800, Tavares, Florida 32778	March 16, 2005	120421 D
Polk	City of Lake Wales	November 17, 2004; November 24, 2004; The News Chief	Mr. Tony Otte, Lake Wales City Manager, P.O. Box 1320, Lake Wales, Florida 33859	February 23, 2005	120390 G
Polk	Unincorporated Areas	November 17, 2004; November 24, 2004; The News Chief	Mr. Michael Herr, Polk County Manager, P.O. Box 9005, Drawer BC 01, Bartow, Florida 33831-9005	February 23, 2005	120261 G
Sarasota	City of Sarasota	January 14, 2004; January 24, 2004; Sarasota Herald-Tribune	Mr. Michael A. McNees, Sarasota City Manager, 1565 First Street, Room 101, Sarasota, Florida 34236	January 7, 2005	125150 B
St. Johns	Unincorporated Areas	October 22, 2004; October 29, 2004; The St. Augustine Record	Mr. Ben W. Adams, II, St. Johns County Administrator, 4020 Lewis Speedway, St. Augustine, Florida 32084	October 13, 2004	125147 H
Georgia:
Cherokee	Unincorporated Areas	October 29, 2004; November 5, 2004; Cherokee Tribune	Mr. Michael Byrd, Chairman of the Cherokee County, Board of Commissioners, 90 North Street, Suite 310, Canton, Georgia 30114	October 20, 2004;	130424 B
Dekalb	Unincorporated Areas	December 23, 2004; December 30, 2004; The Champion	Mr. Vernon Jones, Chief Executive Officer of Dekalb County, 1300 Commerce Drive, Decatur, Georgia 30030	December 14, 2004	130065 H
Bibb and Jones	City of Macon	October 29, 2004; November 5, 2004; The Macon Telegraph	The Honorable C. Jack Ellis, Mayor of the City of Macon, 700 Poplar Street, Macon, Georgia 31201	February 4, 2005	130011 D,E
Bulloch	City of Statesboro	November 4, 2004; November 11, 2004; Statesboro Herald	The Honorable William Hatcher, Mayor of the City of Statesboro, P.O. Box 348, Statesboro, Georgia 30459-0348	February 10, 2005	130021 C
Kentucky	Lexington-Fayette Urban County Government	August 18, 2004; August 25, 2004; Lexington Herald-Leader	The Honorable Teresa Isaac, Mayor of the Lexington-Fayette, Urban County Government, Lexington-Fayette Government Building, 200 East Main Street, 12th Floor, Lexington, Kentucky 40507	November 24, 2004	210067 C
	Lexington-Fayette Urban County Government	November 5, 2004; November 12, 2004; Lexington Herald-Leader	The Honorable Teresa Isaac, Mayor of the Lexington-Fayette, Urban County Government, Lexington-Fayette Government Building, 200 East Main Street, 12th Floor, Lexington, Kentucky 40507	October 28, 2004	210067 C
Massachusetts:
Norfolk	Town of Foxborough	January 19, 2005; January 26, 2005; Foxborough Report	Mr. Robert Hickey, Chairman of the Town of Foxborough Board of Selectmen, 40 South Street, Foxborough, Massachusetts 02035	January 12, 2005	250239 B
Norfolk	City of Quincy	January 14, 2005; January 21, 2005; The Patriot Ledger	The Honorable William J. Phelan, Mayor of the City of Quincy, 1305 Hancock Street, Quincy, Massachusetts 02169	April 22, 2005	255219 B
New York:
Erie	Town of Lancaster	November 25, 2004; December 2, 2004; The Lancaster Bee	Mr. Robert H. Giza, Supervisor of the Town of Lancaster, 21 Central Avenue, Lancaster, New York 14086	May 17, 2005	360249 C
Erie	Village of Lancaster	November 25, 2004; December 2, 2004; The Lancaster Bee	The Honorable William G. Cansdale, Jr., Mayor of the Village of Lancaster, 5423 Broadway, Lancaster, New York 14086	May 17, 2005	360248 C
North Carolina:
Craven	Unincorporated Areas	January 14, 2005; January 21, 2005; The Sun Journal	Mr. George N. Brown, Jr., Chairman of the Craven County, Board of Commissioners, 406 Craven Street, New Bern, North Carolina 28560	January 4, 2005	450182 C
Haywood	Unincorporated Areas	January 10, 2005; January 17, 2005; The Mountaineer	Mr. Jack Horton, Haywood County Manager, 215 North Main Street, Waynesville, North Carolina 28786	April 18, 2005	370120 B
Surry	City of Mount Airy	August 9, 2004; August 16, 2004; Mount Airy News	The Honorable Jack A. Loftis, Mayor of the City of Mount Airy, P.O. Box 70, Mount Airy, North Carolina 27030	August 2, 2004	370226 C
Lee	City of Sanford	November 5, 2004; November 12, 2004; The Sanford Herald	The Honorable Winston C. Hester, Mayor of the City of Sanford, P.O. Box 3729, Sanford, North Carolina 27331-3729	February 11, 2005	370143 B
Tennessee:
Decatur	Unincorporated Areas	October 26, 2004; November 2, 2004; The News-Leader	The Honorable Kenneth Broadway, Mayor of Decatur County, P.O. Box 488, Decaturville, Tennessee 38329	February 1, 2005	470041 C
Henry	Unincorporated Areas	November 8, 2004; November 15, 2004; The Paris Post-Intelligencer	The Honorable Brent Greer, Mayor of Henry County, P.O. Box 7, Paris, Tennessee 38242	February 14, 2005	470228 D
Texas: Tarrant	City of Southlake	October 14, 2004; October 21, 2004; Fort Worth Star Telegram	The Honorable Andy Wambsganss, Mayor of the City of Southlake, 1400 Main Street, Suite 270, Southlake, Texas 76092	October 7, 2004	480612 H
Virginia: Fauquier	Town of Warrenton	October 28, 2004; November 4, 2004; Fauquier Citizen	The Honorable George B. Fitch, Mayor of the Town of Warrenton, Municipal Building, 18 Court Street Warrenton, Virginia 20186	February 3, 2004	510057 A
West Virginia: Mingo	Unincorporated Areas	November 26, 2004; December 3, 2004; The Williamson Daily News	Mr. Jim Hatfield, President of the Mingo County, Board of Commissioners, P.O. Box 1197, Williamson, West Virginia 25661	November 16, 2004	540133 C

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

Dated: February 18, 2005.

David I. Maurstad,

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