[Federal Register Volume 70, Number 118 (Tuesday, June 21, 2005)]
[Rules and Regulations]
[Pages 35540-35542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12168]


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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.

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

[[Page 35541]]

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
                                                         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: Colbert (FEMA Docket     City of Muscle       December 10, 2004;   The Honorable David H.    November 30, 2004.............  010047 C
 No. D-7567).                      Shoals.              December 17, 2004;   Bradford, Mayor of the
                                                        Times Daily.         City of Muscle Shoals,
                                                                             P.O. Box 2624, Muscle
                                                                             Shoals, Alabama 35662.
Connecticut: Fairfield (FEMA      Town of Greenwich..  December 6, 2004;    Mr. Jim Lash, Town of     November 23, 2004.............  090008 C
 Docket No. D-7567).                                    December 13, 2004;   Greenwich First
                                                        Greenwich Time.      Selectman, Town Hall,
                                                                             101 Field Point Road,
                                                                             Greenwich, Connecticut
                                                                             06830.
Florida:
    Duval (FEMA Docket No. D-     City of              October 22, 2004;    The Honorable John        October 15, 2004..............  120077 E
     7567).                        Jacksonville.        October 29, 2004;    Peyton, Mayor of the
                                                        The Florida Times-   City of Jacksonville,
                                                        Union.               City Hall at St. James,
                                                                             4th Floor, 117 West
                                                                             Duval Street, Suite
                                                                             400, Jacksonville,
                                                                             Florida 32202.
    Lake (FEMA Docket No. D-      Unincorporated       December 10, 2004;   Mr. William A. Neron,     March 16, 2005................  120421 D
     7567).                        Areas.               December 17, 2004;   Lake County Manager,
                                                        Orlando Sentinel.    P.O. Box 7800, Tavares,
                                                                             Florida 32778.
    Lake (FEMA Docket No. D-      Unincorporated       November 17, 2004;   Mr. William A. Neron,     November 4, 2004..............  120421 D
     7567).                        Areas.               November 24, 2004;   Lake County Manager,
                                                        Orlando Sentinel.    P.O. Box 7800, Tavares,
                                                                             Florida 32778.
    Polk (FEMA Docket No. D-      City of Lake Wales.  November 17, 2004;   Mr. Tony Otte, Lake       February 23, 2005.............  120390 G
     7567).                                             November 24, 2004;   Wales City Manager,
                                                        The News Chief.      P.O. Box 1320, Lake
                                                                             Wales, Florida 33859.
    Polk (FEMA Docket No. D-      Unincorporated       November 17, 2004;   Mr. Michael Herr, Polk    February 23, 2005.............  120261 G
     7567).                        Areas.               November 24, 2004;   County Manager, P.O.
                                                        The News Chief.      Box 9005, Drawer BC 01,
                                                                             Bartow, Florida 33831-
                                                                             9005.
    St. Johns (FEMA Docket No. D- Unincorporated       October 22, 2004;    Mr. Ben W. Adams, II,     October 13, 2004..............  125147 H
     7567).                        Areas.               October 29, 2004;    St. Johns County
                                                        The St. Augustine    Administrator, 4020
                                                        Record.              Lewis Speedway, St.
                                                                             Augustine, Florida
                                                                             32084.
Georgia:
    Cherokee (FEMA Docket No. D-  Unincorporated       October 29, 2004;    Mr. Michael Byrd,         October 20, 2004..............  130424 B
     7567).                        Areas.               November 5, 2004;    Chairman of the
                                                        Cherokee Tribune.    Cherokee County Board
                                                                             of Commissioners, 90
                                                                             North Street, Suite
                                                                             310, Canton, Georgia
                                                                             30114.
    Dekalb (FEMA Docket No. D-    Unincorporated       December 23, 2004;   Mr. Vernon Jones, Chief   December 14, 2004.............  130065 H
     7567).                        Areas.               December 30, 2004;   Executive Officer of
                                                        The Champion.        Dekalb County, 1300
                                                                             Commerce Drive,
                                                                             Decatur, Georgia 30030.

[[Page 35542]]

 
    Bibb and Jones (FEMA Docket   City of Macon......  October 29, 2004;    The Honorable C. Jack     February 4, 2005..............  130011 D,E
     No. D-7567).                                       November 5, 2004;    Ellis, Mayor of the
                                                        The Macon            City of Macon, 700
                                                        Telegraph.           Poplar Street, Macon,
                                                                             Georgia 31201.
    Bulloch (FEMA Docket No. D-   City of Statesboro.  November 4, 2004;    The Honorable William     February 10, 2005.............  130021 C
     7567).                                             November 11, 2004;   Hatcher, Mayor of the
                                                        Statesboro Herald.   City of Statesboro,
                                                                             P.O. Box 348,
                                                                             Statesboro, Georgia
                                                                             30459-0348.
Kentucky: (FEMA Docket No. D-     Lexington-Fayette    November 5, 2004;    The Honorable Teresa      October 28, 2004..............  210067 C
 7567).                            Urban County         November 12, 2004;   Isaac, Mayor of the
                                   Government.          Lexington Herald-    Lexington-Fayette,
                                                        Leader.              Urban County
                                                                             Government, Lexington-
                                                                             Fayette Government
                                                                             Building, 200 East Main
                                                                             Street, 12th Floor,
                                                                             Lexington, Kentucky
                                                                             40507.
Tennessee:
    Decatur (FEMA Docket No. D-   Unincorporated       December 8, 2004;    The Honorable Kenneth     February 1, 2005..............  470041 C
     7567).                        Areas.               December 15, 2004;   Broadway, Mayor of
                                                        The News-Leader.     Decatur County, P.O.
                                                                             Box 488, Decaturville,
                                                                             Tennessee 38329.
    Henry (FEMA Docket No. D-     Unincorporated       November 8, 2004;    The Honorable Brent       February 14, 2005.............  470228 D
     7567).                        Areas.               November 15, 2004;   Greer, Mayor of Henry
                                                        The Paris Post-      County, P.O. Box 7,
                                                        Intelligencer.       Paris, Tennessee 38242.
Texas: Tarrant (FEMA Docket No.   City of Southlake..  October 14, 2004,    The Honorable Andy        October 7, 2004...............  480612 H
 D-7567).                                               October 21, 2004,    Wambsganss, Mayor of
                                                        Fort Worth Star      the City of Southlake,
                                                        Telegram.            1400 Main Street, Suite
                                                                             270, Southlake, Texas
                                                                             76092.
Virginia: Fauquier (FEMA Docket   Town of Warrenton..  October 28, 2004,    The Honorable George B.   February 3, 2004..............  510057 A
 No. D-7567).                                           November 4, 2004,    Fitch, Mayor of the
                                                        Fauquier Citizen.    Town of Warrenton,
                                                                             Municipal Building, 18
                                                                             Court Street,
                                                                             Warrenton, Virginia
                                                                             20186.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance.'')

    Dated: June 14, 2005.
David I. Maurstad,
Acting Director, Mitigation Division,Emergency Preparedness and 
Response Directorate.
[FR Doc. 05-12168 Filed 6-20-05; 8:45 am]
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