[Federal Register Volume 70, Number 171 (Tuesday, September 6, 2005)]
[Rules and Regulations]
[Pages 52936-52938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17626]


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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.

[[Page 52937]]

    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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Florida:
    Charlotte (FEMA Docket No. D- Unincorporated       January 27, 2005;    Mr. Bruce A. Loucks,      January 20, 2005..............  120061 F
     7569).                        Areas.               February 3, 2005;    Charlotte County
                                                        Sun Herald.          Administrator,
                                                                             Charlotte County
                                                                             Administration
                                                                             Building, 18500 Murdock
                                                                             Circle, Port Charlotte,
                                                                             Florida 33948.
    Sarasota (FEMA Docket No. D-  City of Sarasota...  January 14, 2005;    Mr. Michael A. McNees,    January 7, 2005;..............  125150 B
     7567).                                             January 21, 2005;    Sarasota City Manager,
                                                        Sarasota Herald-     1565 First Street, Room
                                                        Tribune.             101, Sarasota, Florida
                                                                             34236.
Georgia: Richmond (FEMA Docket    City of Augusta....  February 10, 2005;   The Honorable Robert      May 19, 2005..................  130159
 No. D-7569).                                           February 17, 2005;   Young, Mayor of the
                                                        The Augusta          City of Augusta, City-
                                                        Chronicle.           County Building, 530
                                                                             Greene Street, Augusta,
                                                                             Georgia 30911.
Massachusetts:
    Barnstable (FEMA Docket No.   Town of Chatham....  February 3, 2005;    Mr. William G. Hinchey,   January 27, 2005..............  250004 D
     D-7569).                                           February 10, 2005;   Chatham Town Manager,
                                                        Cape Cod Times.      549 Main Street,
                                                                             Chatham, Massachusetts
                                                                             02633.
    Norfolk (FEMA Docket No. D-   Town of Foxborough.  January 19, 2005;    Mr. Robert Hickey,        January 12, 2005..............  250239 B
     7567).                                             January 26, 2005;    Chairman of the Town of
                                                        Foxboro Report.      Foxborough, Board of
                                                                             Selectmen, 40 South
                                                                             Street, Foxborough,
                                                                             Massachusetts 02035.
Minnesota: Hennepin (FEMA Docket  City of Minneapolis  January 21, 2005;    The Honorable R. T.       January 11, 2005..............  270172 E
 No. D-7569).                                           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: Haywood (FEMA     Unincorporated       January 10, 2005;    Mr. Jack Horton, Haywood  April 18, 2005................  370120 B
 Docket No. D-7567).               Areas.               January 17, 2005;    County Manager, 215
                                                        The Mountaineer.     North Main Street,
                                                                             Waynesville, North
                                                                             Carolina 28786.
South Carolina:
    Berkeley (FEMA Docket No. D-  Unincorporated       February 3, 2005;    Mr. Jim Rozier, Chairman  May 12, 2005..................  450029 D
     7569).                        Areas.               February 10, 2005;   of the Berkeley, County
                                                        The Post and         Council, 223 North Live
                                                        Courier.             Oak Drive, Moncks
                                                                             Corner, South Carolina
                                                                             29461.
    Berkeley (FEMA Docket No. D-  City of Goose Creek  February 3, 2005;    The Honorable Michael J.  May 12, 2005..................  450206 D
     7569).                                             February 10, 2005;   Heitzler, Mayor of the
                                                        The Post and         City of Goose Creek,
                                                        Courier.             519 North Goose Creek
                                                                             Boulevard, Goose Creek,
                                                                             South Carolina 29445.
    Richland (FEMA Docket No. D-  Unincorporated       December 9, 2004;     Mr. T. Cary McSwain,     March 16, 2005................  450170 G
     7569).                        Areas.               December 16, 2004;   Richland County
                                                        The State.           Administrator, 2020
                                                                             Hampton Street, Room
                                                                             4058, P.O. Box 192,
                                                                             Columbia, South
                                                                             Carolina 29202.
Virginia: Fairfax (FEMA Docket    Unincorporated       March 14, 2005;      Mr. Anthony H. Griffin,   April 4, 2005.................  515525 D
 No. D-7571).                      Areas.               March 21, 2005;      Fairfax County
                                                        The Washington       Executive, 12000
                                                        Times.               Government Center
                                                                             Parkway, Suite 552,
                                                                             Fairfax, Virginia 22035-
                                                                             0050.
West Virginia: Mingo (FEMA        Unincorporated       February 28, 2005;   Mr. Jim Hatfield,         November 16, 2004.............  540133 C
 Docket No. D-7569).               Areas.               March 7, 2005; The   President of the Mingo
                                                        Williamson Daily     Board of Commissioners,
                                                        News.                P.O. Box 1197,
                                                                             Williamson, West
                                                                             Virginia 25661.
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[[Page 52938]]

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

    Dated: August 23, 2005.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and 
Response Directorate.
[FR Doc. 05-17626 Filed 9-2-05; 8:45 am]
BILLING CODE 9110-12-P