[Federal Register Volume 70, Number 99 (Tuesday, May 24, 2005)]
[Rules and Regulations]
[Pages 29633-29634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10301]



[[Page 29633]]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket No. FEMA-D-7571]


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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                                                                                            Chief executive
      State and county                  Location             Dates and name of newspaper      officer of          Effective date of     Community number
                                                             where notice was published        community            modification
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Alabama: Jefferson..........  City of Homewood............  March 21, 2005, March 28,     The Honorable       April 14, 2005..........  015006 E
                                                             2005, The Birmingham News.    Barry R.
                                                                                           McCulley, Mayor
                                                                                           of the City of
                                                                                           Homewood, 1903
                                                                                           29th Avenue
                                                                                           South, Homewood,
                                                                                           Alabama 35209.
Alabama: Colbert............  City of Muscle Shoals.......  March 25, 2005, April 1,      The Honorable       April 18, 2005..........  010047 C
                                                             2005, Times Daily.            David H.
                                                                                           Bradford, Mayor
                                                                                           of the City of
                                                                                           Muscle Shoals,
                                                                                           P.O. Box 2624,
                                                                                           Muslce Shoals,
                                                                                           Alabama 35662.
Florida: Duval..............  City of Jacksonville........  April 6, 2005, April 13,      The Honorable John  April 29, 2005..........  120077 E
                                                             2005, The Florida Times-      Peyton, Mayor of
                                                             Union.                        the City of
                                                                                           Jacksonville, 4th
                                                                                           Floor, City Hall
                                                                                           at St. James, 117
                                                                                           West Duval
                                                                                           Street, Suite
                                                                                           400,
                                                                                           Jacksonville,
                                                                                           Florida 32202.

[[Page 29634]]

 
Florida: Duval..............  City of Jacksonville........  March 24, 2005, March 31,     The Honorable John  June 30, 2005...........  120077 E
                                                             2005, The Florida Times-      Peyton, Mayor of
                                                             Union.                        the City of
                                                                                           Jacksonville, 117
                                                                                           West Duval
                                                                                           Street, Suite
                                                                                           400,
                                                                                           Jacksonville,
                                                                                           Florida 32202.
Georgia: DeKalb.............  City of Decatur.............  March 24, 2005, March 31,     The Honorable Bill  March 18, 2005..........  135159 H
                                                             2005, The Champion.           Floyd, Mayor of
                                                                                           the City of
                                                                                           Decatur, P.O. Box
                                                                                           220, Decatur,
                                                                                           Georgia 30031.
Georgia: Harris.............  Unincorporated Areas........  March 31, 2005, April 7,      Ms. Carol Silva,    March 24, 2005..........  130338 A
                                                             2005, Harris County Journal.  Harris County
                                                                                           Manager, P.O. Box
                                                                                           365, Hamilton,
                                                                                           Georgia 31811.
Pennsylvania: Northampton...  City of Bethlehem...........  April 8 , 2005, April 15,     The Honorable John  July 15, 2005...........  420718 D
                                                             2005, The Morning Call.       B. Callahan,
                                                                                           Mayor of the City
                                                                                           of Bethlehem, 10
                                                                                           East Church
                                                                                           Street,
                                                                                           Bethlehem,
                                                                                           Pennsylvania
                                                                                           18018.
Pennsylvania: Bucks.........  Township of Wrightstown.....  April 8, 2005, April 15,      Mr. Chester S.      July 15, 2005...........  421045 F
                                                             2005, The Morning Call.       Pogonowski,
                                                                                           Chairman of the
                                                                                           Township of
                                                                                           Wrightstown Board
                                                                                           of Supervisors,
                                                                                           738 Penns Park
                                                                                           Road,
                                                                                           Wrightstown,
                                                                                           Pennsylvania
                                                                                           18940.
Virginia: Fairfax...........  Unincorporated Areas........  March 14, 2005, March 21,     Mr. Anthony H.      April 4, 2005...........  515525 D
                                                             2005, The Washington Times.   Griffin, Fairfax
                                                                                           County Executive,
                                                                                           12000 Government
                                                                                           Center Parkway,
                                                                                           Suite 552,
                                                                                           Fairfax, Virginia
                                                                                           22035-0050.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance.'')

    Dated: May 16, 2005.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and 
Response Directorate.
[FR Doc. 05-10301 Filed 5-23-05; 8:45 am]
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