05-2120. Changes in Flood Elevation Determinations

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.

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:

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.

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 No.
Alabama:
Colbert (FEMA Docket No. D-7557)	City of Muscle Shoals	Mar. 24, 2004, Mar. 31, 2004, Times Daily	The Honorable David H. Bradford, Mayor of the City of Muscle Shoals, P.O. Box 2624, Muscle Shoals, Alabama 35662	Apr. 17, 2004	010047 C
Tuscaloosa (FEMA Docket No. D-7557)	City of Tuscaloosa	Mar. 24, 2004, Mar. 31, 2004, The Tuscaloosa News	The Honorable Alvin P. Dupont, Mayor of the City of Tuscaloosa, P.O. Box 2089, Tuscaloosa, Alabama 35403	June 30, 2004	010203 E
Delaware:
New Castle (FEMA Docket No. D-7555)	Unincorporated Areas	Feb. 17, 2004, Feb. 24, 2004, The News Journal	Mr. Thomas P. Gordon, New Castle County Executive, New Castle County Government Center, 87 Reads Way, New Castle, Delaware 19720	May 25, 2004	105085 G
New Castle (FEMA Docket No. D-7557)	Unincorporated Areas	Apr. 2, 2004, Apr. 9, 2004, The News Journal	Mr. Thomas P. Gordon, New Castle County Executive, New Castle County Government Center, 87 Reads Way, New Castle, Delaware 19720	July 9, 2004	105085 G
Massachusetts: Barnstable (FEMA Docket No. D-7559)	Town of Falmouth	Apr. 23, 2004, Apr. 30, 2004, Cape Cod Times	Mr. Robert L. Whritenour, Jr., Falmouth Town Administrator, 59 Town Hall Square, Falmouth, Massachusetts 02540	Apr. 16, 2004	255211 G
New Jersey:
Hudson (FEMA Docket No. D-7555)	Township of North Bergen	Mar. 31, 2004, Apr. 7, 2004, The Jersey Journal	The Honorable Nicholas J. Sacco, Mayor of the Township of North Bergen, 4233 Kennedy Boulevard, North Bergen, New Jersey 07047	Mar. 23, 2004	340225 C
Cape May (FEMA Docket No. D-7555)	Borough of Wildwood Crest	Feb. 11, 2004, Feb. 18, 2004, The Gazette	The Honorable John J. Pantalone, Mayor of the Borough of Wildwood Crest, 6101 Pacific Avenue, Wildwood Crest, New Jersey 08260	Feb. 3, 2004	345330 C
Pennsylvania: Lehigh (FEMA Docket No. D-7553)	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: (FEMA Docket No. D-7555)	Commonwealth	Mar. 5, 2004, Mar. 12, 2004, The San Juan Star	The Honorable Sila M. Calderon, Governor of the Commonwealth of Puerto Rico, Office of the Governor, P.O. Box 9020082, San Juan, Puerto Rico 00902-0082	June 11, 2004	720000 C
South Carolina:
York (FEMA Docket No. D-7557)	City of Rock Hill	Mar. 24, 2004, Mar. 31, 2004, The Herald	The Honorable Doug Echols, Mayor of the City of Rock Hill, P.O. Box 11706, Rock Hill, South Carolina 29731	June 30, 2004	450196 C
York (FEMA Docket No. D-7557)	Unincorporated Areas	Mar. 24, 2004, Mar. 31, 2004, The Herald	Mr. Alfred W. Green, York County Manager, P.O. Box 66, York, South Carolina 29745-0066	June 30, 2004	450193 C
Vermont: Bennington (FEMA Docket No. D-7555)	Town of Bennington	Feb. 18, 2004, Feb. 25, 2004, Bennington Banner	Mr. Stuart Hurd, Bennington Town Manager, P.O. Box 469, 205 South Street, Bennington, Vermont 05201	Feb. 11, 2004	500013 C
Virginia:
Culpeper (FEMA Docket No. D-7555)	Town of Culpeper	Feb. 17, 2004, Feb. 24, 2004, The Culpeper Star	Mr. J. Brannon Godfrey, Town of Culpeper Manager, 400 South Main Street, Culpeper, Virginia 22701	May 25, 2004	510042 B
Fairfax (FEMA Docket No. D-7555)	Unincorporated Areas	Feb. 18, 2004, Feb. 25, 2004, The Washington Times	Mr. Anthony Griffin, Fairfax County Executive, 12000 Government Center Parkway, Suite 552, Fairfax, Virginia 22035-0066	May 26, 2004	515525 D
Loudoun (FEMA Docket No. D-7555)	Unincorporated Areas	Mar. 10, 2004, Mar. 17, 2004, Loudoun Times Mirror	Mr. Kirby Bowers, Loudoun County Administrator, 1 Harrison Street, S.E., 5th Floor, P.O. Box 7000, Leesburg, Virginia 20177-7000	June 16, 2004	510090 D
Norfolk (FEMA Docket No. D-7555)	Independent City	Apr. 5, 2004, Apr. 12, 2004, The Virginian-Pilot	The Honorable Paul D. Fraim, Mayor of the City of Norfolk, 1109 City Hall Building, 810 Union Street, Norfolk, Virginia 23510	Mar. 29, 2004	510104 E
Prince William (FEMA Docket No. D-7557)	Unincorporated Areas	Mar. 17, 2004, Mar. 24, 2004, Potomac News	Mr. Craig Gerhart, Prince William County Executive, 1 County Complex Court, Prince William, Virginia 22192	June 23, 2004	510119 D
Independent City (FEMA Docket No. D-7557)	City of Winchester	Mar. 15, 2004, Mar. 22, 2004, Winchester Star	Mr. Edwin C. Daley, City of Winchester Manager, Rouss City Hall, 15 North Cameron Street, Winchester, Virginia 22601	Mar. 4, 2004	510173 B

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

Dated: January 28, 2005.

David I. Maurstad,

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