Changes in Flood Elevation Determinations

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: June 2, 2004 (Volume 69, Number 106)]
[Rules and Regulations]
[Page 31024-31026]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02jn04-12]

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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 65

AGENCY: Federal Emergency Management Agency (FEMA), Emergency
Preparedness and Response Directorate, Department of Homeland Security.
ACTION: Final rule.

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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.

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:

[[Page 31025]]

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.

Sec. 65.4 [Amended]

? 2. The tables published under the authority of Sec. 65.4 are amended
as follows:

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Dates and name of
newspaper where Chief executive officer
State and county Location notice was of community Effective date of modification Community No.
published
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Delaware: New Castle (FEMA Unincorporated Nov. 10, 2003, Nov. Mr. Thomas P. Gordon, Oct. 30, 2003................. 105085 G
Docket No. D-7549). Areas. 17, 2003 The News New Castle County
Journal. Executive, New Castle
County Government
Center, 87 Reads Way,
New Castle, Delaware
19720.
Florida: Orange (FEMA Docket No. Unincorporated Nov. 5, 2003, Nov. M. Krishnamurthy, Ph.D., Feb. 11, 2004................. 120179 E
D-7549). Areas. 12, 2003, Orlando P.E., Orange County
Sentinel. Stormwater Management
Manager, 4200 South
John Young Parkway,
Orlando, Florida 32839.
Kentucky:
Jefferson (FEMA Docket No. D- Unincorporated Oct. 27, 2003, Nov. The Honorable Jerry Oct. 17, 203.................. 210120 D
7549). Areas. 3, 2003, The Abramson, Mayor of
Courier-Journal. Metro Louisville/
Jefferson County, 527
West Jefferson Street,
Suite 400, Louisville,
Kentucky 40202.
(FEMA Docket No. D-7549).... Lexington-Fayette Oct. 10, 2003, Oct. The Honorable Teresa Jan. 16, 2004................. 210067 C
Urban County 17, 2003, Isaac, Mayor of the
Government. Lexington Herald- Lexington-Fayette,
Leader. Urban County
Government, 200 East
Main Street, 12th
Floor, Lexington,
Kentucky 40507.
Pike (FEMA Docket No. D- Unincorporated Nov. 5, 2003, Nov. The Honorable William M. Oct. 29, 2003................. 210298 F
7549). Areas. 12, 2003, Deskins, Pike County
Appalachian News- Judge/Executive, Pike
Express. County Courthouse, 146
Main Street, Pikeville,
Kentucky 41501.
Mississippi:
Hinds, Rankin, and Madison City of Jackson.... Oct. 7, 2003, Oct. The Honorable Harvey Jan. 13, 2004................. 280072 F,G
(FEMA Docket No. D-7549). 14, 2003, The Johnson, Jr., Mayor of
Clarion-Ledger. the City of Jackson,
P.O. Box 17, 219 South
President Street,
Jackson, Mississippi
39205-0017.
Madison (FEMA Docket No. D- Unincorporated Oct. 7, 2003, Oct. Mr. David H. Richardson, Jan. 13, 2004................. 280228 D
7549). Areas. 14, 2003, The President of the
Clarion-Ledger. Madison County Board of
Supervisors, P.O. Box
608, 146 West Center
Street, Canton,
Mississippi 39046.
Madison (FEMA Docket No. D- City of Ridgeland.. Oct. 7, 2003, Oct. The Honorable Gene F. Jan. 13, 2004................. 280110 D
7549). 14, 2003, The McGee, Mayor of the
Clarion-Ledger. City of Ridgeland, P.O.
Box 217, Ridgeland,
Mississippi 39158.
Madison (FEMA Docket No. D- City of Ridgeland.. Oct. 13, 2003, Oct. The Honorable Gene F. Oct. 6, 2003.................. 280110 D
7549). 20, 2003, The McGee, Mayor of the
Clarion-Ledger. City of Ridgeland, P.O.
Box 217, Ridgeland,
Mississippi 39158.
North Carolina: Durham (FEMA City of Durham..... Oct. 21, 2003, Oct. The Honorable William V. Jan. 27, 2004................. 370086 G
Docket No. D-7549). 28, 2003, The Bell, Mayor of the City
Herald-Sun. of Durham, 101 City
Hall Plaza, Durham,
North Carolina 27701.
Puerto Rico (FEMA Docket No. Commonwealth....... Nov. 7, 2003, Nov. The Honorable Sila M. Feb. 13, 2004................. 720000 C
D-7549). 14, 2003, The San Calderon, Governor of
Juan Star. the Commonwealth of
Puerto Rico, Office of
the Governor, P.O. Box
9020082, San Juan,
Puerto Rico 00902-0082.
South Carolina:
Charleston (FEMA Docket No. City of Charleston. Sept. 15, 2003, The Honorable Joseph P. Dec. 22, 2003................. 455412 G
D-7547). Sept. 22, 2003, Riley, Jr., Mayor of
Post and Courier. the City of Charleston,
P.O. Box 652,
Charleston, South
Carolina 29401.
Charleston (FEMA Docket No. City of Isle of Nov. 6, 2003, Nov. The Honorable F. Michael Oct. 30, 2003................. 455416 E
D-7549). Palms. 13, 2003, Post and Sottile, Mayor of the
Courier. City of Isle of Palms,
P.O. Box 508, Isle of
Palms, South Carolina
29451.
Virginia:

[[Page 31026]]

Dickenson (FEMA Docket No. D- Unincorporated Oct. 1, 2003, Oct. Mr. Keith L. Viers, Jan. 7, 2003.................. 510253 C
7547). Areas. 8, 2003, The Dickenson County
Dickenson Star. Administrator,
Administrative Office,
P.O. Box 1098,
Clintwood, Virginia
24228.
Russell (FEMA Docket No. D- Unincorporated Oct. 1, 2003, Oct. Mr. Frank Horton, Jan. 7, 2003.................. 510317 B
7547). Areas. 8, 2003, Lebanon Chairman of the Russell
News. County Board of
Supervisors, P.O. Box
1208, Lebanon, Virginia
24266.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood Insurance'')

Dated: May 26, 2004.
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response
Directorate.
[FR Doc. 04-12372 Filed 6-1-04; 8:45 am]
BILLING CODE 9110-12-P

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Changes in Flood Elevation Determinations

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