[Federal Register Volume 70, Number 102 (Friday, May 27, 2005)]
[Rules and Regulations]
[Pages 30643-30645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10615]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket No. FEMA-D-7569]


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

[[Page 30644]]

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
         State and county                Location           newspaper where     Chief executive officer   Effective date of modification     Community
                                                         notice was published         of community                                            number
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Florida: Charlotte...............  Unincorporated Areas  January 27, 2005;     Mr. Bruce A. Loucks,       January 20, 2005..............        120061 F
                                                          February 3, 2005;     Charlotte County
                                                          Sun Herald.           Administrator, Charlotte
                                                                                County Administration
                                                                                Building, 18500 Murdock
                                                                                Circle, Port Charlotte,
                                                                                Florida 33948.
Georgia: Richmond................  City of Augusta.....  February 10, 2005;    The Honorable Robert       May 19, 2005..................          130159
                                                          February 17, 2005;    Young, Mayor of the City
                                                          The Augusta           of Augusta, City-County
                                                          Chronicle.            Building, 530 Greene
                                                                                Street, Augusta, Georgia
                                                                                30911.
Massachusetts: Barnstable........  Town of Chatham.....  February 3, 2005;     Mr. William G. Hinchey,    January 27, 2005..............        250004 D
                                                          February 10, 2005;    Chatham Town Manager,
                                                          Cape Cod Times.       549 Main Street,
                                                                                Chatham, Massachusetts
                                                                                02633.
Minnesota: Hennepin..............  City of Minneapolis.  January 21, 2005;     The Honorable R. T.        January 11, 2005..............        270172 E
                                                          January 28, 2005;     Ryback, Mayor of the
                                                          Star-Tribune.         City of Minneapolis,
                                                                                Minneapolis City Hall,
                                                                                350 South Fifth Street,
                                                                                Room 331, Minneapolis,
                                                                                Minnesota 55415.
North Carolina: Orange...........  Town of Carrboro....  July 20, 2004; July   Mr. Steven Stewart,        July 13, 2004.................        370275 B
                                                          27, 2004; Chapel      Carrboro Town Manager,
                                                          Hill Herald.          301 West Main Street,
                                                                                Carrboro, North Carolina
                                                                                27510.

[[Page 30645]]

 
Pennsylvania: Adams..............  Township of Oxford..  March 10, 2005;       Mr. Donald F. Poist,       June 16, 2005.................        420003 B
                                                          March 17, 2005; The   Supervisor of the
                                                          Gettysburg Times      Township of Oxford,
                                                          and The Hanover       Municipal Building, P.O.
                                                          Evening Sun.          Box 86, New Oxford,
                                                                                Pennsylvania 17350.
South Carolina: Berkeley.........  Unincorporated Areas  February 3, 2005;     Mr. Jim Rozier, Chairman   May 12, 2005..................        450029 D
                                                          February 10, 2005;    of the Berkeley, County
                                                          The Post and          Council, 223 North Live
                                                          Courier.              Oak Drive, Moncks
                                                                                Corner, South Carolina
                                                                                29461.
South Carolina: Berkeley.........  City of Goose Creek.  February 3, 2005;     The Honorable Michael J.   May 12, 2005..................        450206 D
                                                          February 10, 2005;    Heitzler, Mayor of the
                                                          The Post and          City of Goose Creek, 519
                                                          Courier.              North Goose Creek
                                                                                Boulevard, Goose Creek,
                                                                                South Carolina 29445.
South Carolina: Richland.........  Unincorporated Areas  December 9, 2004;     Mr. T. Cary McSwain,       March 16, 2005................        450170 G
                                                          December 16, 2004;    Richland County
                                                          The State.            Administrator, 2020
                                                                                Hampton Street, Room
                                                                                4058, P.O. Box 192,
                                                                                Columbia, South Carolina
                                                                                29202.
West Virginia: Mingo.............  Unincorporated Areas  February 28, 2005;    Mr. Jim Hatfield,          November 16, 2004.............        540133 C
                                                          March 7, 2005; The    President of the Mingo
                                                          Williamson Daily      Board of Commissioners,
                                                          News.                 P.O. Box 1197,
                                                                                Williamson, West
                                                                                Virginia 25661.
West Virginia: Wyoming...........  Unincorporated Areas  February 16, 2005;    Mr. Herman R. Davis,       May 25, 2005..................        540217 B
                                                          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: May 18, 2005.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and 
Response Directorate.
[FR Doc. 05-10615 Filed 5-26-05; 8:45 am]
BILLING CODE 9110-12-P