04-19008. 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 number
Florida: Duval (FEMA Docket No. D-7549)	City of Jacksonville	November 21, 2003, November 28, 2003, The Florida Times-Union	The Honorable John Peyton, Mayor of the City of Jacksonville, 4th Floor, City Hall at St. James, 117 West Duval Street, Suite 400, Jacksonville, Florida 32202	November 10, 2003	120077 E
Florida: Walton (FEMA Docket No. D-7553)	Unincorporated Areas	January 1, 2004, January 8, 2004, Defuniak Springs Herald-Breeze	Mr. Larry Jones, Chairman of the Walton County Board of Commissioners, P.O. Drawer 1355, Defuniak Springs, Florida 32435	April 8, 2004	120317 F
Georgia: Gwinnett (FEMA Docket No. D-7551)	Unincorporated Areas	January 8, 2004, January 15, 2004, 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 29, 2003	130322 C
Georgia: Bibb and Jones (FEMA Docket No. D-7551)	City of Macon and Bibb County	December 31, 2003, January 7, 2004, The Macon Telegraph	The Honorable C. Jack Ellis, Mayor of the City of Macon, 700 Poplar Street, Macon, Georgia 31201	April 7, 2004	130011 E
Georgia: Oconee (FEMA Docket No. D-7549)	City of Watkinsville	December 4, 2003, December 11, 2003, Oconee Enterprise	The Honorable W. B. Hardigree, Mayor of the City of Watkinsville, P.O. Box 27, Watkinsville, Georgia 31827	May 20, 2004	130369 A
Massachusetts: Middlesex (FEMA Docket No. D-7551)	Town of Andover	December 9, 2003, December 16, 2003, The Eagle-Tribune	Mr. Reginald S. Stapczynski, Manager of the Town of Andover, Andover Town Office, 36 Bartlet Street, Andover, Massachusetts 01810	March 16, 2004	250076 B
Massachusetts: Middlesex (FEMA Docket No. D-7551)	Town of Wilmington	December 9, 2003, December 16, 2003, The Sun	Mr. Michael Caira, Manager of the Town of Wilmington, Wilmington Town Hall, 121 Glen Road, Wilmington, Massachusetts 01887	March 16, 2004	250227 C&D
Mississippi: DeSoto (FEMA Docket No. D-7553)	City of Southaven	January 1, 2004, January 8, 2004, The DeSoto County Tribune	The Honorable Charles G. Davis, Mayor of the City of Southaven, 8710 Northwest Drive, Southaven, Mississippi 38671	April 8, 2004	280331 F
New Jersey: Union (FEMA Docket No. D-7549)	Borough of Roselle	November 14, 2003, November 21, 2003, Home News Tribune	The Honorable Joseph E. Croteau, Mayor of the Borough of Roselle, 210 Chestnut Street, Roselle, New Jersey 07203	February 20, 2004	340472 A
North Carolina: Gaston (FEMA Docket No. D-7551)	City of Belmont	December 8, 2003, December 15, 2003, The Gaston Gazette	The Honorable Billy W. Joye, Jr., Mayor of the City of Belmont, P.O. Box 431, Belmont, North Carolina 28012	December 1, 2003	370320 E
North Carolina: Gaston (FEMA Docket No. D-7551)	Unincorporated Areas	December 8, 2003, December 15, 2003, The Gaston Gazette	Mr. Jan Winters, Gaston County Manager, P.O. Box 1578, Gastonia, North Carolina 28053	December 1, 2003	370099 E
North Carolina: Gaston (FEMA Docket No. D-7551)	City of Mount Holly	December 8, 2003, December 15, 2003, The Gaston Gazette	The Honorable Robert Black, Mayor of the City of Mount Holly, P.O. Box 406, Mount Holly, North Carolina 28120	December 1, 2003	370102 E
Pennsylvania: Lebanon (FEMA Docket No. D-7551)	City of Lebanon	January 2, 2004, January 9, 2004, Lebanon Daily News	The Honorable Robert A. Anspach, Mayor of the City of Lebanon, 400 South Eight Street, Lebanon, Pennsylvania 17042	April 9, 2004	420573 B
Pennsylvania: Lebanon (FEMA Docket No. D-7551)	Township of South Lebanon	January 2, 2004, January 9, 2004, Lebanon Daily News	Mr. Curtis Kulp, Township of South Lebanon Manager, 1800 South Fifth Avenue, Lebanon, Pennsylvania 17042	April 9, 2004	420581 C
Pennsylvania: Montgomery (FEMA Docket No. D-7551)	Township of Springfield	December 17, 2003, December 24, 2003, Ambler Gazette	Mr. Donald Berger, Township of Springfield Manager, 1510 Papermill Road, Wyndmoor, Pennsylvania 19118	December 10, 2003	425388 E
Pennsylvania: Montgomery (FEMA Docket No. D-7551)	Township of Upper Dublin	December 17, 2003, December 24, 2003, Ambler Gazette	Mr. Paul Leonard, Township of Upper Dublin Manager, 801 Loch Alsh Avenue, Fort Washington, Pennsylvania 19304	December 10, 2003	420708 E
Pennsylvania: Montgomery (FEMA Docket No. D-7551)	Township of Whitemarsh	December 17, 2003, December 24, 2003, Times Herald	Mr. Lawrence J. Gregan, Township of Whitemarsh Manager, 616 Germantown Pike, Lafayette Hill, Pennsylvania 19444-1821	December 10, 2003	420712 E
South Carolina: Horry (FEMA Docket No. D-7551)	Unincorporated Areas	December 29, 2003, January 5, 2004, The Sun News	Mr. Danny Knight, Horry County Administrator, P.O. Box 1236, Conway, South Carolina 29528	December 22, 2003	450104 H
Tennessee: Rutherford (FEMA Docket No. D-7551)	City of LaVergne	January 5, 2004, January 12, 2004, The Daily News Journal	The Honorable Mike Webb, Mayor of the City of LaVergne, 5093 Murfreesboro Road, LaVergne, Tennessee 37086	December 29, 2003	470167 E
Virginia: Fauquier (FEMA Docket No. D-7551)	Unincorporated Areas	January 8, 2004, January 15, 2004, Fauquier Citizen	Mr. G. Robert Lee, Fauquier County Administrator, 40 Culpeper Street, Warrenton, Virginia 20186	December 23, 2003	510055 A
Wisconsin: Dane (FEMA Docket No. D-7551)	Unincorporated Areas	November 20, 2003, November 27, 2003, Wisconsin State Journal	Ms. Kathleen Falk, Dane County Executive, City-County Building, Room 421, 210 Martin Luther King, Jr., Boulevard, Madison, Wisconsin 53709	February 26, 2004	550077 F
Wisconsin: Dane (FEMA Docket No. D-7551)	Village of Mazomanie	November 20, 2003, November 27, 2003, News-Sickle-Arrow	Mr. Jeff Wirth, Mazomanie Village President, 133 Crescent Street, Mazomanie, Wisconsin 53560	February 26, 2004	550085 F

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

Dated: August 10, 2004.

David I. Maurstad,

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