Flood elevation determinations: Various States,
[Federal Register: February 28, 2005 (Volume 70, Number 38)]
[Rules and Regulations]
[Page 9536-9539]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28fe05-11]
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
[Docket No. FEMA-D-7567]
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 communities 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.
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: The modified BFEs are not listed for each community in this interim rule. However, the address of the Chief Executive Officer of the community where the modified BFE determinations are available for inspection is provided.
Any request for reconsideration must be based upon knowledge of changed conditions, or upon new scientific or technical data.
The modifications are made pursuant to Section 201 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.
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 interim 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:
PART 65--[AMENDED]
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 shown below:
[[Page 9537]]
Dates, and name of State and county
Location
newspaper where Chief executive officer Effective date of modification Community No. notice was published
of community
Alabama: Colbert................. City of Muscle
December 10, 2004; The Honorable David H. November 30, 2004.............
010047 C Shoals.
December 17, 2004; Bradford, Mayor of the Times Daily.
City of Muscle Shoals, P.O. Box 2624, Muscle Shoals, Alabama 35662. Connecticut:
Fairfield.................... Town of Greenwich... December 6, 2004; Mr. Jim Lash, Town of November 23, 2004.............
090008 C December 13, 2004; Greenwich First Greenwich Time. Selectman, Town Hall, 101 Field Point Road, Greenwich, Connecticut 06830.
New Haven.................... Town of Madison..... January 12, 2005; Mr. Thomas S. Scarpati, December 27, 2004.............
090079 C January 19, 2005; First Selectman of the Shore Line Times. Town of Madison, 8 Campus Drive, Madison, Connecticut 06443. Florida:
Duval........................ City of Jacksonville October 22, 2004; The Honorable John
October 15, 2004..............
120077 E October 29, 2004; Peyton, Mayor of the The Florida Times- City of Jacksonville, Union.
City Hall at St. James, 4th Floor, 117 West Duval Street, Suite 400, Jacksonville, Florida 32202.
Lake......................... Unincorporated Areas November 17, 2004; Mr. William A. Neron, November 4, 2004..............
120421 D November 24, 2004; Lake County Manager, Orlando Sentinel. P.O. Box 7800, Tavares, Florida 32778.
Lake......................... Unincorporated Areas December 10, 2004; Mr. William A. Neron, March 16, 2005................
120421 D December 17, 2004; Lake County Manager, Orlando Sentinel. P.O. Box 7800, Tavares, Florida 32778. Polk........................ City of Lake Wales.. November 17, 2004; Mr. Tony Otte, Lake Wales February 23, 2005.............
120390 G November 24, 2004; City Manager, P.O. Box The News Chief. 1320, Lake Wales, Florida 33859.
Polk......................... Unincorporated Areas November 17, 2004; Mr. Michael Herr, Polk February 23, 2005.............
120261 G November 24, 2004; County Manager, P.O. Box The News Chief. 9005, Drawer BC 01, Bartow, Florida 33831- 9005.
Sarasota..................... City of Sarasota.... January 14, 2004; Mr. Michael A. McNees, January 7, 2005...............
125150 B January 24, 2004; Sarasota City Manager, Sarasota Herald- 1565 First Street, Room Tribune.
101, Sarasota, Florida 34236.
St. Johns.................... Unincorporated Areas October 22, 2004; Mr. Ben W. Adams, II, St. October 13, 2004..............
125147 H October 29, 2004; Johns County The St. Augustine Administrator, 4020 Record.
Lewis Speedway, St. Augustine, Florida 32084. Georgia:
Cherokee..................... Unincorporated Areas October 29, 2004; Mr. Michael Byrd,
October 20, 2004;.............
130424 B November 5, 2004; Chairman of the Cherokee Cherokee Tribune. County, Board of Commissioners, 90 North Street, Suite 310, Canton, Georgia 30114.
Dekalb....................... Unincorporated Areas December 23, 2004; Mr. Vernon Jones, Chief December 14, 2004.............
130065 H December 30, 2004; Executive Officer of The Champion.
Dekalb County, 1300 Commerce Drive, Decatur, Georgia 30030.
Bibb and Jones............... City of Macon....... October 29, 2004; The Honorable C. Jack February 4, 2005.............. 130011 D,E November 5, 2004; Ellis, Mayor of the City The Macon Telegraph. of Macon, 700 Poplar Street, Macon, Georgia 31201.
Bulloch...................... City of Statesboro.. November 4, 2004; The Honorable William February 10, 2005.............
130021 C November 11, 2004; Hatcher, Mayor of the Statesboro Herald. City of Statesboro, P.O. Box 348, Statesboro, Georgia 30459-0348. Kentucky......................... Lexington-Fayette August 18, 2004; The Honorable Teresa November 24, 2004.............
210067 C Urban County
August 25, 2004; Isaac, Mayor of the Government.
Lexington Herald- Lexington-Fayette, Urban Leader.
County Government, Lexington-Fayette Government Building, 200 East Main Street, 12th Floor, Lexington, Kentucky 40507.
[[Page 9538]]
Lexington-Fayette November 5, 2004; The Honorable Teresa October 28, 2004..............
210067 C Urban County
November 12, 2004; Isaac, Mayor of the Government.
Lexington Herald- Lexington-Fayette, Urban Leader.
County Government, Lexington-Fayette Government Building, 200 East Main Street, 12th Floor, Lexington, Kentucky 40507. Massachusetts:
Norfolk...................... Town of Foxborough.. January 19, 2005; Mr. Robert Hickey,
January 12, 2005..............
250239 B January 26, 2005; Chairman of the Town of Foxborough Report. Foxborough Board of Selectmen, 40 South Street, Foxborough, Massachusetts 02035.
Norfolk...................... City of Quincy...... January 14, 2005; The Honorable William J. April 22, 2005................
255219 B January 21, 2005; Phelan, Mayor of the The Patriot Ledger. City of Quincy, 1305 Hancock Street, Quincy, Massachusetts 02169. New York:
Erie......................... Town of Lancaster... November 25, 2004; Mr. Robert H. Giza,
May 17, 2005..................
360249 C December 2, 2004; Supervisor of the Town The Lancaster Bee. of Lancaster, 21 Central Avenue, Lancaster, New York 14086.
Erie......................... Village of Lancaster November 25, 2004; The Honorable William G. May 17, 2005..................
360248 C December 2, 2004; Cansdale, Jr., Mayor of The Lancaster Bee. the Village of Lancaster, 5423 Broadway, Lancaster, New York 14086. North Carolina:
Craven....................... Unincorporated Areas January 14, 2005; Mr. George N. Brown, Jr., January 4, 2005...............
450182 C January 21, 2005; Chairman of the Craven The Sun Journal. County, Board of Commissioners, 406 Craven Street, New Bern, North Carolina 28560.
Haywood...................... Unincorporated Areas January 10, 2005; Mr. Jack Horton, Haywood April 18, 2005................
370120 B January 17, 2005; County Manager, 215 The Mountaineer. North Main Street, Waynesville, North Carolina 28786.
Surry........................ City of Mount Airy.. August 9, 2004; The Honorable Jack A. August 2, 2004................
370226 C August 16, 2004; Loftis, Mayor of the Mount Airy News. City of Mount Airy, P.O. Box 70, Mount Airy, North Carolina 27030.
Lee.......................... City of Sanford..... November 5, 2004; The Honorable Winston C. February 11, 2005.............
370143 B November 12, 2004; Hester, Mayor of the The Sanford Herald. City of Sanford, P.O. Box 3729, Sanford, North Carolina 27331-3729. Tennessee:
Decatur...................... Unincorporated Areas October 26, 2004; The Honorable Kenneth February 1, 2005..............
470041 C November 2, 2004; Broadway, Mayor of The News-Leader. Decatur County, P.O. Box 488, Decaturville, Tennessee 38329.
Henry........................ Unincorporated Areas November 8, 2004; The Honorable Brent
February 14, 2005.............
470228 D November 15, 2004; Greer, Mayor of Henry The Paris Post- County, P.O. Box 7, Intelligencer.
Paris, Tennessee 38242. Texas: Tarrant................... City of Southlake... October 14, 2004; The Honorable Andy
October 7, 2004...............
480612 H October 21, 2004; Wambsganss, Mayor of the Fort Worth Star City of Southlake, 1400 Telegram.
Main Street, Suite 270, Southlake, Texas 76092. Virginia: Fauquier............... Town of Warrenton... October 28, 2004; The Honorable George B. February 3, 2004..............
510057 A November 4, 2004; Fitch, Mayor of the Town Fauquier Citizen. of Warrenton, Municipal Building, 18 Court Street Warrenton, Virginia 20186. West Virginia: Mingo............. Unincorporated Areas November 26, 2004; Mr. Jim Hatfield,
November 16, 2004.............
540133 C December 3, 2004; President of the Mingo The Williamson
County, Board of Daily News.
Commissioners, P.O. Box 1197, Williamson, West Virginia 25661.
[[Page 9539]]
(Catalog of Federal Domestic Assistance No. 83.100, ``Flood Insurance'')
Dated: February 18, 2005. David I. Maurstad, Acting Director, Mitigation Division, Emergency Preparedness and Response Directorate.
[FR Doc. 05-3776 Filed 2-25-05; 8:45 am]
BILLING CODE 9110-12-P
