Flood elevation determinations: Various States,


[Federal Register: February 4, 2005 (Volume 70, Number 23)]

[Rules and Regulations]

[Page 5933-5936]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Federal Emergency Management Agency

44 CFR Part 65

Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency (FEMA), Emergency Preparedness and Response

[[Page 5934]]

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.

0 Accordingly, 44 CFR Part 65 is amended to read as follows:


0 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]

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

Dates and name of newspaper where Chief Executive Officer State and county


notice was

of community Effective date of modification Community No. published


Colbert (FEMA Docket No. D- City of Muscle Mar. 24, 2004, Mar. The Honorable David H. Apr. 17, 2004................. 010047 C 7557).


31, 2004, Times Bradford, Mayor of the Daily.

City of Muscle Shoals, P.O. Box 2624, Muscle Shoals, Alabama 35662.

Tuscaloosa (FEMA Docket No. D- City of Tuscaloosa. Mar. 24, 2004, Mar. The Honorable Alvin P. June 30, 2004................. 010203 E 7557).

31, 2004, The

Dupont, Mayor of the Tuscaloosa News. City of Tuscaloosa, P.O. Box 2089, Tuscaloosa, Alabama 35403. Delaware:

New Castle (FEMA Docket No. D- Unincorporated Feb. 17, 2004, Feb. Mr. Thomas P. Gordon, May 25, 2004.................. 105085 G 7555).


24, 2004, The News New Castle County Journal.

Executive, New Castle County Government Center, 87 Reads Way, New Castle, Delaware 19720.

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New Castle (FEMA Docket No. D- Unincorporated Apr. 2, 2004, Apr. Mr. Thomas P. Gordon, July 9, 2004.................. 105085 G 7557).


9, 2004, The News New Castle County Journal.

Executive, New Castle County Government Center, 87 Reads Way, New Castle, Delaware 19720. Massachusetts: Barnstable (FEMA Town of Falmouth... Apr. 23, 2004, Apr. Mr. Robert L.

Apr. 16, 2004................. 255211 G Docket No. D-7559).

30, 2004, Cape Cod Whritenour, Jr., Times.

Falmouth Town Administrator, 59 Town Hall Square, Falmouth, Massachusetts 02540. New Jersey:

Hudson (FEMA Docket No. D- Township of North Mar. 31, 2004, Apr. The Honorable Nicholas Mar. 23, 2004................. 340225 C 7555).


7, 2004, The

J. Sacco, Mayor of the Jersey Journal. Township of North Bergen, 4233 Kennedy Boulevard, North Bergen, New Jersey 07047.

Cape May (FEMA Docket No. D- Borough of Wildwood Feb. 11, 2004, Feb. The Honorable John J. Feb. 3, 2004.................. 345330 C 7555).


18, 2004, The

Pantalone, Mayor of the Gazette.

Borough of Wildwood Crest, 6101 Pacific Avenue, Wildwood Crest, New Jersey 08260. Pennsylvania: Lehigh (FEMA Docket Township of South Feb. 9, 2004, Feb. Mr. Gerald Gasda,

Jan. 28, 2004................. 420593 D No. D-7553).


16, 2004, The

Township of South Morning Call.

Whitehall Manager, 4444 Walbert Avenue, Allentown, Pennsylvania 18104. Puerto Rico: (FEMA Docket No. D- Commonwealth....... Mar. 5, 2004, Mar. The Honorable Sila M. June 11, 2004................. 720000 C 7555).

12, 2004, 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:

York (FEMA Docket No. D-7557) City of Rock Hill.. Mar. 24, 2004, Mar. The Honorable Doug

June 30, 2004................. 450196 C 31, 2004, The

Echols, Mayor of the Herald.

City of Rock Hill, P.O. Box 11706, Rock Hill, South Carolina 29731.

York (FEMA Docket No. D-7557) Unincorporated Mar. 24, 2004, Mar. Mr. Alfred W. Green, June 30, 2004................. 450193 C Areas.

31, 2004, The

York County Manager, Herald.

P.O. Box 66, York, South Carolina 29745- 0066. Vermont: Bennington (FEMA Docket Town of Bennington. Feb. 18, 2004, Feb. Mr. Stuart Hurd,

Feb. 11, 2004................. 500013 C No. D-7555).

25, 2004,

Bennington Town Bennington Banner. Manager, P.O. Box 469, 205 South Street, Bennington, Vermont 05201. Virginia:

Culpeper (FEMA Docket No. D- Town of Culpeper... Feb. 17, 2004, Feb. Mr. J. Brannon Godfrey, May 25, 2004.................. 510042 B 7555).

24, 2004, The

Town of Culpeper Culpeper Star. Manager, 400 South Main Street, Culpeper, Virginia 22701.

Fairfax (FEMA Docket No. D- Unincorporated Feb. 18, 2004, Feb. Mr. Anthony Griffin, May 26, 2004.................. 515525 D 7555).


25, 2004, The

Fairfax County Washington Times. Executive, 12000 Government Center Parkway, Suite 552, Fairfax, Virginia 22035- 0066.

Loudoun (FEMA Docket No. D- Unincorporated Mar. 10, 2004, Mar. Mr. Kirby Bowers,

June 16, 2004................. 510090 D 7555).


17, 2004, Loudoun Loudoun County Times Mirror.

Administrator, 1 Harrison Street, S.E., 5th Floor, P.O. Box 7000, Leesburg, Virginia 20177-7000.

Norfolk (FEMA Docket No. D- Independent City... Apr. 5, 2004, Apr. The Honorable Paul D. Mar. 29, 2004................. 510104 E 7555).

12, 2004, The

Fraim, Mayor of the Virginian-Pilot. City of Norfolk, 1109 City Hall Building, 810 Union Street, Norfolk, Virginia 23510.

Prince William (FEMA Docket Unincorporated Mar. 17, 2004, Mar. Mr. Craig Gerhart,

June 23, 2004................. 510119 D No. D-7557).


24, 2004, Potomac Prince William County News.

Executive, 1 County Complex Court, Prince William, Virginia 22192.

Independent City (FEMA Docket City of Winchester. Mar. 15, 2004, Mar. Mr. Edwin C. Daley, City Mar. 4, 2004.................. 510173 B No. D-7557).

22, 2004,

of Winchester Manager, Winchester Star. Rouss City Hall, 15 North Cameron Street, Winchester, Virginia 22601.

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(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.

[FR Doc. 05-2120 Filed 2-3-05; 8:45 am]