[Federal Register Volume 70, Number 135 (Friday, July 15, 2005)]
[Rules and Regulations]
[Pages 40913-40915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13930]


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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: 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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Alabama: Calhoun (FEMA Docket No.   Unincorporated Areas.  September 28, 2004,    Mr. Ken Joiner, Calhoun     September 21, 2004...  010013 C
 D-7563).                                                   October 5, 2004,       County Administrator,
                                                            Anniston Star.         1702 Noble Street, Suite
                                                                                   103, Anniston, Alabama
                                                                                   36201.

[[Page 40914]]

 
Florida: Charlotte (FEMA Docket     Unincorporated Areas.  September 27, 2004,    Mr. Bruce Loucks,           September 20, 2004...  120061 F
 No. D-7563).                                               October 4, 2004, Sun   Charlotte County
                                                            Herald.                Administrator, Charlotte
                                                                                   County Administration
                                                                                   Building, 18500 Murdock
                                                                                   Circle, Port Charlotte,
                                                                                   Florida 33948.
Delaware: New Castle (FEMA Docket   Unincorporated Areas.  August 17, 2004,       Mr. Thomas P. Gordon, New   November 23, 2004....  105085 G
 No. D-7563).                                               August 24, 2004, The   Castle County Executive,
                                                            News Journal.          New Castle County
                                                                                   Government Center, 87
                                                                                   Reads Way, New Castle,
                                                                                   Delaware 19720.
Georgia: Gwinnett (FEMA Docket No.  Unincorporated Areas.  October 7, 2004,       Mr. F. Wayne Hill,          September 29, 2004...  130322 C
 D-7565).                                                   October 14, 2004,      Chairman of the Gwinnett
                                                            Gwinnett Daily Post.   County, Board of
                                                                                   Commissioners, Justice
                                                                                   and Administration
                                                                                   Center, 75 Langley Drive,
                                                                                   Lawrenceville, Georgia
                                                                                   30045.
Massachusetts: Suffolk (FEMA        City of Boston.......  July 16, 2004, July    The Honorable Thomas        July 9, 2004.........  250286 D
 Docket No. D-7561).                                        23, 2004, Boston       Menino, Mayor of the City
                                                            Herald.                of Boston, 1 City Hall
                                                                                   Plaza, 5th Floor, Boston,
                                                                                   Massassachusetts 02201.
Mississippi: DeSoto (FEMA Docket    City of Olive Branch.  August 5, 2004,        The Honorable Samuel P.     July 27, 2004........  280286 E
 No. D-7651).                                               August 12, 2004, The   Rikard, Mayor of the City
                                                            DeSoto County          of Olive Branch, City
                                                            Tribune.               Hall, 9189 Pigeon Roost
                                                                                   Road, Olive Branch,
                                                                                   Mississippi 38654.
North Carolina: Durham (FEMA        City of Durham.......  August 11, 2004,       The Honorable William V.    November 17, 2004....  370086 G
 Docket No. D-7563).                                        August 18, 2004, The   Bell, Mayor of the City
                                                            Herald Sun.            of Durham, Office of the
                                                                                   Mayor, 101 City Hall
                                                                                   Plaza, Durham, North
                                                                                   Carolina 27701.
Pennsylvania:
    Dauphin (FEMA Docket No. D-     Township of Lower      July 19, 2004, July    Mr. William B. Hawk,        October 25, 2004.....  420384 B
     7651).                          Paxton.                26, 2004, The          Chairman of the Township
                                                            Patriot News.          of Lower Paxton Board of
                                                                                   Supervisors, 75 South
                                                                                   Houcks Road, Suite 207,
                                                                                   Harrisburg, Pennsylvania
                                                                                   17109.
    Bucks.........................  Township of            August 4, 2004,        Mr. Bruce Townsend,         November 10, 2004....  420208 F
                                     Northampton.           August 11, 2004,       Township Northampton
                                                            Bucks County Courier   Manager, 55 Township
                                                            Times.                 Road, Richboro,
                                                                                   Pennsylvania 18954.
    Bucks (FEMA Docket No. D-7561)  Township of            August 4, 2004,        Ms. Judith Smith, Township  November 10, 2004....  420990 F
                                     Warminster.            August 11, 2004, The   of Warminster Manager,
                                                            Intelligencer.         401 Gibson Avenue,
                                                                                   Warminster, Pennsylvania
                                                                                   18794.
    Bucks (FEMA Docket No. D-7561)  Township of            August 4, 2004,        Mr. John D. Bonargo, Sr.,   November 10, 2004....  420208 F
                                     Warrington.            August 11, 2004, The   Township of Warrington
                                                            Intelligencer.         Manager, Township
                                                                                   Building, 852 Easton
                                                                                   Road, Warrington,
                                                                                   Pennsylvania 18976.
    Bucks (FEMA Docket No. D-7561)  Township of Warwick..  August 4, 2004,        Ms. Judith A. Algeo,        November 10, 2004....  420209 F
                                                            August 11, 2004, The   Chairman of the Township
                                                            Intelligencer.         of Warwick, Board of
                                                                                   Supervisors, 1733
                                                                                   Township Greene, Jamison,
                                                                                   Pennsylvania 18929.
    Bucks (FEMA Docket No. D-7561)  Township of            August 4, 2004,        Mr. Chester S. Pogonowski,  November 10, 2004....  421045 F
                                     Wrightstown.           August 11, 2004,       Chairman of the Township
                                                            Bucks County Courier   of Wrightstown Board of
                                                            Times.                 Supervisors, 738 Penns
                                                                                   Park Road, Wrightstown,
                                                                                   Pennsylvania 18940.
South Carolina:
    Horry (FEMA Docket No. D-7563)  Unincorporated Areas.  August 27, 2004,       Mr. Danny Knight, Horry     December 3, 2004.....  450104 H
                                                            September 3, 2004,     County Administrator,
                                                            The Sun News.          P.O. Box 1236, Conway,
                                                                                   South Carolina 29528.
    Charleston (FEMA Docket No. D-  City of Isle of Palms  October 1, 2004,       The Honorable F. Michael    September 23, 2004...  455416 E
     7563).                                                 October 8, 2004, The   Sottile, Mayor of the
                                                            Post & Courier.        City of Isle of Palms,
                                                                                   P.O. Box 508, Isle of
                                                                                   Palms, South Carolina
                                                                                   29451.
    Sumter (FEMA Docket No. D-      Unincorporated Areas.  August 26, 2004,       Mr. William T. Noonan,      December 2, 2004.....  450182 C
     7563).                                                 September 2, 2004,     Sumter County
                                                            The Item.              Administrator, 13 East
                                                                                   Canal Street, Sumter,
                                                                                   South Carolina 29150.
Virginia: Fauquier (FEMA Docket     Unincorporated Areas.  July 15, 2004, July    Mr. G. Robert Lee,          July 9, 2004.........  510055 B
 No. D-7561).                                               22, 2004, Fauquier     Fauquier County
                                                            Citizen.               Administrator, 40
                                                                                   Culpeper Street,
                                                                                   Warrenton, Virginia 20186.
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[[Page 40915]]

Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance.'')

    Dated: July 6, 2005.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and 
Response Directorate.
[FR Doc. 05-13930 Filed 7-14-05; 8:45 am]
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