Federal Register / Vol. 69, No. 27 / Tuesday, February 10, 2004 / Rules and Regulations 6165

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 65 

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, (202) 646–2903.

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: 

Jefferson (FEMA 

Docket No. D–

7541).

City of Birmingham ... May 13, 2003, May 20, 2003, 

The Birmingham News.

The Honorable Bernard A. Kincaid, Mayor 

of the City of Birmingham, Birmingham 

City Hall, 710 North 20th Street, Birmingham, Alabama 35203.

May 6, 2003 ............. 010116 E 

Montgomery 

(FEMA Docket 

No. D–7543).

City of Montgomery .. May 28, 2003, June 4, 2003, 

Montgomery Advertiser.

The Honorable Bobby N. Bright, Mayor of 

the City of Montgomery, City Hall, P.O. 

Box 1111, Montgomery, Alabama 

36101–1111.

Aug. 5, 2003 ............. 010174 G 

Connecticut: 

6166 Federal Register / Vol. 69, No. 27 / Tuesday, February 10, 2004 / Rules and Regulations 

State and county Location 

Dates and name of newspaper where notice was published 

Chief executive officer of community Effective date of 

modification 

Community 

No. 

Fairfield (FEMA 

Docket No. D–

7541).

Town of Greenwich .. May 6, 2003, May 13, 2003, 

Greenwich Time.

Mr. Richard Bergstresser, Town of Greenwich First Selectman, Town Hall, 101 

Field Point Road, Greenwich, Connecticut 06830.

Apr. 28, 2003 ............ 090008 C 

Delaware: 

New Castle 

(FEMA Docket 

No. D–7543).

Unincorporated Areas July 3, 2003, July 10, 2003 

The News Journal.

Mr. Thomas P. Gordon, New Castle County Executive, New Castle County Government Center, 87 Reads Way, New 

Castle, Delaware 19720.

Oct. 9, 2003 .............. 105085 G&H 

Florida: 

Dade (FEMA 

Docket No. D–

7543).

City of Miami ............ July 7, 2003, July 14, 2003, 

The Miami Herald.

The Honorable Manuel A. Diaz, Mayor of 

the City of Miami, 3500 Pan American 

Drive, Miami, Florida 33133.

July 26, 2003 ............ 120650 J 

Santa Rosa 

(FEMA Docket 

No. D–7543).

Unincorporated Areas June 4, 2003, June 11, 2003, 

The Press Gazette.

Mr. Hunter Walker, Santa Rosa County Administrator, 6495 Caroline Street, Suite 

D, Milton, Florida 32570–4592.

May 28, 2003 ........... 120274 C 

Hillsborough 

(FEMA Docket 

No. D–7541).

City of Tampa ........... May 20, 2003, May 27, 2003, 

St. Petersburg Times.

The Honorable Dick A. Greco, Mayor of 

the City of Tampa, 306 East Jackson 

Street, First Floor, Tampa, Florida 33602.

May 12, 2003 ........... 120114 C 

Georgia: 

Bryan (FEMA 

Docket No. D–

7543).

Unincorporated Areas June 19, 2003, June 26, 

2003, Bryan County News.

Mr. Brooks Warnell, Chairman of the Bryan 

County Board of Commissioners, P.O. 

Box 430, Pembroke, Georgia 31321.

Sept. 25, 2003 .......... 130016 A 

Chatham (FEMA 

Docket No. D–

7541).

City of Savannah ...... May 22, 2003, May 29, 2003, 

Savannah Morning News.

The Honorable Floyd Adams, Jr., Mayor of 

the City of Savannah, P.O. Box 1027, 

Savannah, Georgia 31402.

May 15, 2003 ........... 135163 C 

Maine: 

Camden (FEMA 

Docket No. D–

7543).

Town of Camden ...... June 26, 2003, July 3, 2003, 

The Camden Herald.

Ms. Roberta Smith, Camden Town Manager, P.O. Box 1207, Camden, Maine 

04843.

June 18, 2003 .......... 230074 B 

Massachusetts: 

Plymouth (FEMA 

Docket No. D–

7539).

Town of Plymouth .... April 9, 2003, April 16, 2003, 

Old Colony Memorial.

Ms. Eleanor Beth, Plymouth Town Manager, Plymouth Town Hall, 11 Lincoln 

Street, Plymouth, Massachusetts 02360.

Apr. 1, 2003 .............. 250278 C 

Pennsylvania: 

Chester (FEMA 

Docket No. D–

7543).

Township of East 

Fallowfield.

July 2, 2003, July 9, 2003, 

Daily Local News.

Mr. Earl Emel, Chairman of the Township 

of East Fallowfield Board of Supervisors, 

2264 Strasburg Road, East Fallowfield, 

Pennsylvania 19320.

June 25, 2003 .......... 421479 D 

Lebanon (FEMA 

Docket No. D–

7543).

Township of North 

Cornwall.

June 13, 2003, June 20, 

2003, Lebanon Daily News.

Ms. Robin Getz, Lebanon County Planning 

and Zoning Department, 400 South Eight 

Street, Lebanon, Pennsylvania 17042.

Sept. 19, 2003 .......... 420576 C 

Wyoming (FEMA 

Docket No. D–

7541).

Township of 

Tunkhannock.

April 30, 2003, May 7, 2003, 

The New Age Examiner.

Mr. Randy L. White, Chairman of the 

Township of Tunkhannock Board of 

Commissioners, Township Building, 438 

State Route 92 South, Tunkhannock, 

Pennsylvania 18657.

Apr. 23, 2003 ........... 422206 C 

South Carolina: 

Richland (FEMA 

Docket No. D–

7543).

Unincorporated Areas June 5, 2003, June 12, 2003, 

The State.

Mr. T. Cary McSwain, Richland County Administrator, 2020 Hampton Street, P.O. 

Box 192, Columbia, South Carolina 

29202.

May 29, 2003 ........... 450170 H 

(Catalog of Federal Domestic Assistance No. 

83.100, ‘‘Flood Insurance’’)

Dated: February 3, 2004. 

Anthony S. Lowe, 

Mitigation Division Director, Emergency 

Preparedness and Response Directorate.

[FR Doc. 04–2791 Filed 2–9–04; 8:45 am] 

BILLING CODE 9110–12–P

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Service 

44 CFR Part 65

[Docket No. FEMA–D–7551] 

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 

commmunities 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.