FR Doc 05-17626

[Federal Register: September 6, 2005 (Volume 70, Number 171)]
[Rules and Regulations]
[Page 52936-52938]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06se05-15]

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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.

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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.

[[Page 52937]]

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]

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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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Florida:
Charlotte (FEMA Docket No. D- Unincorporated January 27, 2005; Mr. Bruce A. Loucks, January 20, 2005.............. 120061 F
7569). Areas. February 3, 2005; Charlotte County
Sun Herald. Administrator,
Charlotte County
Administration
Building, 18500 Murdock
Circle, Port Charlotte,
Florida 33948.
Sarasota (FEMA Docket No. D- City of Sarasota... January 14, 2005; Mr. Michael A. McNees, January 7, 2005;.............. 125150 B
7567). January 21, 2005; Sarasota City Manager,
Sarasota Herald- 1565 First Street, Room
Tribune. 101, Sarasota, Florida
34236.
Georgia: Richmond (FEMA Docket City of Augusta.... February 10, 2005; The Honorable Robert May 19, 2005.................. 130159
No. D-7569). February 17, 2005; Young, Mayor of the
The Augusta City of Augusta, City-
Chronicle. County Building, 530
Greene Street, Augusta,
Georgia 30911.
Massachusetts:
Barnstable (FEMA Docket No. Town of Chatham.... February 3, 2005; Mr. William G. Hinchey, January 27, 2005.............. 250004 D
D-7569). February 10, 2005; Chatham Town Manager,
Cape Cod Times. 549 Main Street,
Chatham, Massachusetts
02633.
Norfolk (FEMA Docket No. D- Town of Foxborough. January 19, 2005; Mr. Robert Hickey, January 12, 2005.............. 250239 B
7567). January 26, 2005; Chairman of the Town of
Foxboro Report. Foxborough, Board of
Selectmen, 40 South
Street, Foxborough,
Massachusetts 02035.
Minnesota: Hennepin (FEMA Docket City of Minneapolis January 21, 2005; The Honorable R. T. January 11, 2005.............. 270172 E
No. D-7569). January 28, 2005; Ryback, Mayor of the
Star-Tribune. City of Minneapolis,
Minneapolis City Hall,
350 South Fifth Street,
Room 331, Minneapolis,
Minnesota 55415.
North Carolina: Haywood (FEMA Unincorporated January 10, 2005; Mr. Jack Horton, Haywood April 18, 2005................ 370120 B
Docket No. D-7567). Areas. January 17, 2005; County Manager, 215
The Mountaineer. North Main Street,
Waynesville, North
Carolina 28786.
South Carolina:
Berkeley (FEMA Docket No. D- Unincorporated February 3, 2005; Mr. Jim Rozier, Chairman May 12, 2005.................. 450029 D
7569). Areas. February 10, 2005; of the Berkeley, County
The Post and Council, 223 North Live
Courier. Oak Drive, Moncks
Corner, South Carolina
29461.
Berkeley (FEMA Docket No. D- City of Goose Creek February 3, 2005; The Honorable Michael J. May 12, 2005.................. 450206 D
7569). February 10, 2005; Heitzler, Mayor of the
The Post and City of Goose Creek,
Courier. 519 North Goose Creek
Boulevard, Goose Creek,
South Carolina 29445.
Richland (FEMA Docket No. D- Unincorporated December 9, 2004; Mr. T. Cary McSwain, March 16, 2005................ 450170 G
7569). Areas. December 16, 2004; Richland County
The State. Administrator, 2020
Hampton Street, Room
4058, P.O. Box 192,
Columbia, South
Carolina 29202.
Virginia: Fairfax (FEMA Docket Unincorporated March 14, 2005; Mr. Anthony H. Griffin, April 4, 2005................. 515525 D
No. D-7571). Areas. March 21, 2005; Fairfax County
The Washington Executive, 12000
Times. Government Center
Parkway, Suite 552,
Fairfax, Virginia 22035-
0050.
West Virginia: Mingo (FEMA Unincorporated February 28, 2005; Mr. Jim Hatfield, November 16, 2004............. 540133 C
Docket No. D-7569). Areas. March 7, 2005; The President of the Mingo
Williamson Daily Board of Commissioners,
News. P.O. Box 1197,
Williamson, West
Virginia 25661.
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[[Page 52938]]

(Catalog of Federal Domestic Assistance No. 83.100, ``Flood
Insurance.'')

Dated: August 23, 2005.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and
Response Directorate.
[FR Doc. 05-17626 Filed 9-2-05; 8:45 am]

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