FR Doc 05-18729

[Federal Register: September 20, 2005 (Volume 70, Number 181)]
[Rules and Regulations]
[Page 55028-55029]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20se05-3]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket No. FEMA-D-7579]

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.

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

[[Page 55029]]

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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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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Connecticut:
Litchfield................... Town of Harwinton.. September 6, 2005, Ms. Marie Knudsen, Town Dec. 13, 2005................. 090147 B
September 13, of Harwinton First
2005, The Register Selectman, Harwinton
Citizen. Town Hall, 100 Bentley
Drive, Harwinton,
Connecticut 06791.
Litchfield................... Town of Litchfield. September 6, 2005, Mr. Leo Paul, Town of Dec. 13, 2005................. 090047 B
September 13, Litchfield First
2005, The Register Selectman, Town
Citizen. Offices, 74 West
Street, P.O. Box 488,
Litchfield, Connecticut
06759.
Litchfield................... City of Torrington. September 6, 2005, The Honorable Owen J. Dec. 13, 2005................. 095081 B
September 13, Quinn, Mayor of the
2005, The Register City of Torrington,
Citizen. Municipal Building, 140
Main Street,
Torrington, Connecticut
06790.
Pennsylvania:
Chester...................... Township of Atglen. August 11, 2005, The Honorable Wesley Nov. 17, 2005................. 420273 D
August 18, 2005, Vincent, Mayor of the
Daily Local News. Borough of Atglen, P.O.
Box 250, Atglen,
Pennsylvania 19310.
Lancaster.................... Township of August 11, 2005, Mr. N. Eugene Lammey, Nov. 17, 2005................. 421782 E
Sadsbury. August 18, 2005, Chairman of the
Parkesburg Post Township of Sadsbury
Ledger. Board of Supervisors,
7182 White Oak Road,
Christiana,
Pennsylvania 17509.
Chester...................... Township of West August 11, 2005, Mr. James Landis, Nov. 17, 2005................. 422281 D
Sadsbury. August 18, 2005, Chairman of the
Parkesburg Post Township of West
Ledger. Sadsbury Board of
Supervisors, 6400 N.
Moscow Road,
Parkesburg,
Pennsylvania 19365.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood
Insurance'')

Dated: September 14, 2005.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and
Response Directorate.
[FR Doc. 05-18729 Filed 9-19-05; 8:45 am]

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