[Federal Register Volume 70, Number 99 (Tuesday, May 24, 2005)]
[Rules and Regulations]
[Pages 29633-29634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10301]
[[Page 29633]]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 65
[Docket No. FEMA-D-7571]
Changes in Flood Elevation Determinations
AGENCY: Federal Emergency Management Agency (FEMA), Emergency
Preparedness and Response Directorate, Department of Homeland Security.
ACTION: Interim rule.
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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]
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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]
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2. The tables published under the authority of Sec. 65.4 are amended
as shown below:
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Chief executive
State and county Location Dates and name of newspaper officer of Effective date of Community number
where notice was published community modification
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Alabama: Jefferson.......... City of Homewood............ March 21, 2005, March 28, The Honorable April 14, 2005.......... 015006 E
2005, The Birmingham News. Barry R.
McCulley, Mayor
of the City of
Homewood, 1903
29th Avenue
South, Homewood,
Alabama 35209.
Alabama: Colbert............ City of Muscle Shoals....... March 25, 2005, April 1, The Honorable April 18, 2005.......... 010047 C
2005, Times Daily. David H.
Bradford, Mayor
of the City of
Muscle Shoals,
P.O. Box 2624,
Muslce Shoals,
Alabama 35662.
Florida: Duval.............. City of Jacksonville........ April 6, 2005, April 13, The Honorable John April 29, 2005.......... 120077 E
2005, The Florida Times- Peyton, Mayor of
Union. the City of
Jacksonville, 4th
Floor, City Hall
at St. James, 117
West Duval
Street, Suite
400,
Jacksonville,
Florida 32202.
[[Page 29634]]
Florida: Duval.............. City of Jacksonville........ March 24, 2005, March 31, The Honorable John June 30, 2005........... 120077 E
2005, The Florida Times- Peyton, Mayor of
Union. the City of
Jacksonville, 117
West Duval
Street, Suite
400,
Jacksonville,
Florida 32202.
Georgia: DeKalb............. City of Decatur............. March 24, 2005, March 31, The Honorable Bill March 18, 2005.......... 135159 H
2005, The Champion. Floyd, Mayor of
the City of
Decatur, P.O. Box
220, Decatur,
Georgia 30031.
Georgia: Harris............. Unincorporated Areas........ March 31, 2005, April 7, Ms. Carol Silva, March 24, 2005.......... 130338 A
2005, Harris County Journal. Harris County
Manager, P.O. Box
365, Hamilton,
Georgia 31811.
Pennsylvania: Northampton... City of Bethlehem........... April 8 , 2005, April 15, The Honorable John July 15, 2005........... 420718 D
2005, The Morning Call. B. Callahan,
Mayor of the City
of Bethlehem, 10
East Church
Street,
Bethlehem,
Pennsylvania
18018.
Pennsylvania: Bucks......... Township of Wrightstown..... April 8, 2005, April 15, Mr. Chester S. July 15, 2005........... 421045 F
2005, The Morning Call. Pogonowski,
Chairman of the
Township of
Wrightstown Board
of Supervisors,
738 Penns Park
Road,
Wrightstown,
Pennsylvania
18940.
Virginia: Fairfax........... Unincorporated Areas........ March 14, 2005, March 21, Mr. Anthony H. April 4, 2005........... 515525 D
2005, The Washington Times. Griffin, Fairfax
County Executive,
12000 Government
Center Parkway,
Suite 552,
Fairfax, Virginia
22035-0050.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood
Insurance.'')
Dated: May 16, 2005.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and
Response Directorate.
[FR Doc. 05-10301 Filed 5-23-05; 8:45 am]
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