[Federal Register Volume 70, Number 23 (Friday, February 4, 2005)]
[Rules and Regulations]
[Pages 5936-5937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2119]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket No. FEMA-D-7563]


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]

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:

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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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Alabama: Calhoun.................  Unincorporated       September 28, 2004;  Mr. Ken Joiner, Calhoun   September 21, 2004............  010013 C
                                    Areas.               October 5, 2004;     County Administrator,
                                                         Anniston Star.       1702 Noble Street,
                                                                              Suite 103, Anniston,
                                                                              Alabama 36201.
Delaware: New Castle.............  Unincorporated       August 17, 2004;     Mr. Thomas P. Gordon,     November 23, 2004.............  105085 G
                                    Areas.               August 24, 2004;     New Castle County
                                                         The News Journal.    Executive, New Castle
                                                                              County Government
                                                                              Center, 87 Reads Way,
                                                                              New Castle, Delaware
                                                                              19720.

[[Page 5937]]

 
Florida: Charlotte...............  Unincorporated       August 5, 2004;      Mr. Bruce Loucks,         July 29, 2004.................  120061 F
                                    Areas.               August 12, 2004;     Charlotte County
                                                         Sun Herald.          Administrator,
                                                                              Charlotte County
                                                                              Administration
                                                                              Building, 18500 Murdock
                                                                              Circle, Port Charlotte,
                                                                              Florida 33948.
Florida: Charlotte...............  Unincorporated       September 27, 2004;  Mr. Bruce Loucks,         September 20, 2004............  120061 F
                                    Areas.               October 4, 2004;     Charlotte County
                                                         Sun Herald.          Administrator,
                                                                              Charlotte County
                                                                              Administration
                                                                              Building, 18500 Murdock
                                                                              Circle, Port Charlotte,
                                                                              Florida 33948.
New Jersey: Somerset.............  Township of Warren.  September 9, 2004;   The Honorable Gary        October 10, 2004..............  340446 B
                                                         The Echoes           DiNardo, Mayor of the
                                                         Sentinel.            Township of Warren,
                                                                              Warren Township
                                                                              Municipal Building, 46
                                                                              Mountain Boulevard,
                                                                              Warren, New Jersey
                                                                              07059.
North Carolina: Durham...........  City of Durham.....  August 11, 2004;     The Honorable William V.  November 17, 2004.............  370086 G
                                                         August 18, 2004;     Bell, Mayor of the City
                                                         The Herald Sun.      of Durham, Office of
                                                                              the Mayor, 101 City
                                                                              Hall Plaza, Durham,
                                                                              North Carolina 27701.
South Carolina: Horry............  Unincorporated       August 27, 2004;     Mr. Danny Knight, Horry   December 3, 2004..............  450104 H
                                    Areas.               September 3, 2004;   County Administrator,
                                                         The Sun News.        P.O. Box 1236, Conway,
                                                                              South Carolina 29528.
South Carolina: Charleston.......  City of Isle of      October 1, 2004;     The Honorable F. Michael  September 23, 2004............  455416 E
                                    Palms.               October 8, 2004;     Sottile, Mayor of the
                                                         The Post & Courier.  City of Isle of Palms,
                                                                              P.O. Box 508, Isle of
                                                                              Palms, South Carolina
                                                                              29451.
South Carolina: Sumter...........  Unincorporated       August 26, 2004;     Mr. William T. Noonan,    December 2, 2004..............  450182 C
                                    Areas.               September 2, 2004;   Sumter County
                                                         The Item.            Administrator, 13 East
                                                                              Canal Street, Sumter,
                                                                              South Carolina 29150.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance'')

    Dated: January 28, 2005.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and 
Response Directorate.
[FR Doc. 05-2119 Filed 2-3-05; 8:45 am]
BILLING CODE 9110-12-P