[Federal Register Volume 70, Number 118 (Tuesday, June 21, 2005)]
[Rules and Regulations]
[Pages 35539-35540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12169]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket No. FEMA-D-7573]


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

[[Page 35540]]

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]

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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         Effectie date of modification   Community number
                                                            published
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Connecticut: New Haven..........  City of Meriden....  February 22, 2005;   The Honorable Mark        February 15, 2005.............  090081 C
                                                        March 1, 2005;       Benigni, Mayor of the
                                                        Record-Journal.      City of Meriden, 142
                                                                             East Main Street, City
                                                                             Hall, Meriden,
                                                                             Connecticut 06450.
New Hampshire: Hillsborough.....  Town of              April 28, 2005; May  Ms. Pam Brenner,          August 4, 2005................  330101 A
                                   Peterborough.        5, 2005; The         Peterborough Town
                                                        Peterborough         Administrator, 1 Grove
                                                        Transcript.          Street, Peterborough,
                                                                             New Hampshire 03458.
Pennsylvania: Montgomery........  Township of Horsham  May 13, 2005; May    Mr. Michael J. McGee,     August 19, 2005...............  420700 E
                                                        20, 2005; The        Manager of the Townshp
                                                        Intelligence.        of Horsham, 1025
                                                                             Horsham Road, Horsham,
                                                                             Pennsylvania 19044.
Pennsylvania: Lycoming..........  Township of          April 22, 2005;      Mr. Albert Boyer,         July 29, 2005.................  42065 E
                                   McIntyre.            April 29, 2005;      Chairman of the
                                                        Williamsport Sun     Township of McIntyre,
                                                        Gazette.             Board of Supervisors,
                                                                             12886 Route 14, Roaring
                                                                             Branch, Pennsylvania
                                                                             17765.
Virginia: Fauquier..............  Unincorporated       May 12; 2005; May    Mr. Paul McCulla, Acting  August 18, 1005...............  510055 A
                                   Areas.               19, 2005; The        Fauquier County
                                                        Fauquier Citizen.    Administrator, 10 Hotel
                                                                             Street, Suite 204,
                                                                             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. 05-12169 Filed 6-20-05; 8:45 am]
BILLING CODE 9110-12-P