[Federal Register Volume 70, Number 38 (Monday, February 28, 2005)]
[Rules and Regulations]
[Pages 9539-9540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3778]


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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: Effective 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.
    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 follows:

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                                                             Dates and name of
         State and county                  Location           newspaper where     Chief executive officer of    Effective date of       Community No.
                                                            notice was published           community               modification
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Florida:
    Duval (FEMA Docket No. D-7559)  City of Jacksonville.  Apr. 19, 2004, Apr.    The Honorable John Peyton,  July 26, 2004........  120077 E
                                                            26, 2004, The          Mayor of the City of
                                                            Florida Times-Union.   Jacksonville, City Hall
                                                                                   at St. James, 4th Floor,
                                                                                   117 West Duval Street,
                                                                                   Suite 400, Jacksonville,
                                                                                   Florida 32202.

[[Page 9540]]

 
    Polk (FEMA Docket No. D-7599).  Unincorporated Areas.  Apr. 20, 2004, Apr.    Mr. Michael Herr, Polk      July 27, 2004........  120261 F
                                                            27, 2004, The Ledger.  County Manager, 330 West
                                                                                   Church Street, P.O. Box
                                                                                   9005, Drawer CS-10,
                                                                                   Bartow, Florida 33831-
                                                                                   9005.
Kentucky: (FEMA Docket No. D-7559)  Lexington-Fayette      Apr. 23, 2004, Apr.    The Honorable Teresa        July 30, 2004........  210067 C
                                     Urban County           30, 2004, Lexington    Isaac, Mayor of the
                                     Government.            Herald-Leader.         Lexington-Fayette Urban
                                                                                   County Government, 200
                                                                                   East Main Street, 12th
                                                                                   Floor, Lexington-Fayette
                                                                                   Government Building,
                                                                                   Lexington, Kentucky 40507.
South Carolina: Richland (FEMA      Unincorporated Areas.  Apr. 20, 2004, Apr.    Mr. T. Cary McSwain,        July 27, 2004........  450170 H
 Docket No. D-7559).                                        27, 2004, The State.   Richland County
                                                                                   Administrator, 2020
                                                                                   Hampton Street, P.O. Box
                                                                                   192, Columbia, South
                                                                                   Carolina 29202.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance'')

    Dated: February 18, 2005.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and 
Response Directorate.
[FR Doc. 05-3778 Filed 2-25-05; 8:45 am]
BILLING CODE 9110-12-U