FR Doc 05-18734

[Federal Register: September 20, 2005 (Volume 70, Number 181)]
[Rules and Regulations]
[Page 55029-55031]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20se05-4]

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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).

[[Page 55030]]

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:

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 number
published
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Alabama:
Jefferson (FEMA Docket No. D- City of Homewood... March 21, 2005; The Honorable Barry R. April 14, 2005................ 015006 E
7571). March 28, 2005; McCulley, Mayor of the
The Birmingham City of Homewood, 1903
News. 29th Avenue South,
Homewood, Alabama 35209.
Colbert (FEMA Docket No. D- City of Muscle March 25, 2005; The Honorable David H. April 18, 2005................ 010047 C
7571). Shoals. April 1, 2005; Bradford, Mayor of the
Times Daily. City of Muscle Shoals,
P.O. Box 2624, Muscle
Shoals, Alabama 35662.
Connecticut: New Haven (FEMA City of Meriden.... February 22, 2005; The Honorable Mark February 15, 2005............. 090081 C
Docket No. D-7573). March 1, 2005; Benigni, Mayor of the
Record-Journal. City of Meriden, 1242
East Main Street, City
Hall, Meriden,
Connecticut 06450.
Florida:
Duval (FEMA Docket No. D- City of March 24, 2005; The Honorable John June 30, 2005................. 120077 E
7571). Jacksonville. March 31, 2005; Peyton, Mayor of the
The Florida Times- City of Jacksonville,
Union. 117 West Duval Street,
Suite 400,
Jacksonville, Florida
32202.
Duval (FEMA Docket No. D- City of April 6, 2005; The Honorable John April 29, 2005................ 120077 E
7571). Jacksonville. April 13, 2005; Peyton, Mayor of the
The Florida Times- City of Jacksonville,
Union. 4th Floor, City Hall at
St. James, 117 West
Duval Street, Suite
400, Jacksonville,
Florida 32202.
Georiga: DeKalb (FEMA Docket No. City of Decatur.... March 24, 2005; The Honorable Bill March 18, 2005................ 135159 H
D-7571). March 31, 2005; Floyd, Mayor of the
The Champion. City of Decatur, P.O.
Box 220, Decatur,
Georgia 30031.
Pennsylvania:
Northampton (FEMA Docket No. City of Bethlehem.. April 8, 2005; The Honorable John B. July 15, 2005................. 420718 D
D-7571). April 15, 2005; Callahan, Mayor of the
The Morning Call. City of Bethlehem, 10
East Church Street,
Bethlehem, Pennsylvania
18018.
Lycoming (FEMA Docket No. D- Township of April 22, 2005; Mr. Albert Boyer, July 29, 2005................. 420645 E
7573). McIntyre. April 29, 2005; Chairman of the
Williamsport Sun Township of McIntyre
Gazette. Board of Supervisors,
12886 Route 14, Roaring
Branch, Pennsylvania
17765.
Adams (FEMA Docket No. D- Township of Oxford. March 10, 2005; Mr. Donald F. Poist, June 16, 2005................. 420003 B
7569). March 17, 2005; Supervisor of the
The Gettysburg Township of Oxford,
Times and The Municipal Building,
Hanover Evening P.O. Box 86, New
Sun. Oxford, Pennsylvania
17350.

[[Page 55031]]

Bucks (FEMA Docket No. D- Township of April 8, 2005; Mr. Chester S. July 15, 2005................. 421045 F
7571). Wrightstown. April 15, 2005; Pogonowski, Chairman of
Bucks County the Township of
Courtier Times. Wrightstown Board of
Supervisors, 738 Penns
Park Road, Wrightstown,
Pennsylvania 18940.
West Virginia: Wyoming (FEMA Unincorporated February 16, 2005; Mr. Herman R. Davis, May 25, 2005.................. 540217 B
Docket No. D-7569). Areas. February 23, 2005; President of the
The Independent Wyoming County
Herald. Commission, P.O. Box
309, Pineville, West
Virginia 24874-0309.
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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. 05-18734 Filed 9-19-05; 8:45 am]

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