[Federal Register Volume 71, Number 38 (Monday, February 27, 2006)]
[Rules and Regulations]
[Pages 9737-9739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1772]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket No. FEMA-D-7581]


Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency (FEMA), Department of 
Homeland Security, Mitigation Division.

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

[[Page 9738]]

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, 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 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 13132, Federalism

    This rule involves no policies that have federalism implications 
under Executive Order 13132.

Executive Order 12988, Civil Justice Reform

    This rule meets the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 65

    Flood insurance, Floodplains, Reporting and recordkeeping 
requirements.
    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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Georgia: Bulloch.................  Unincorporated Areas  December 1, 2005;     Mr. Garrett Nevzils,       January 8, 2006...............        130019 B
                                                          December 8, 2005;     Chairman of the Bulloch,
                                                          Statesboro Herald.    County Commission, 115
                                                                                North Main Street, P.O.
                                                                                Box 347, Statesboro,
                                                                                Georgia 30459.
Georgia: Bulloch.................  City of Statesboro..  December 1, 2005;     The Honorable William      March 9, 2006.................        130021 C
                                                          December 8, 2005;     Hatcher, Mayor of the
                                                          Statesboro Herald.    City of Statesboro, City
                                                                                Hall, P.O. Box 348,
                                                                                Statesboro, Georgia
                                                                                30459-0348.
Illinois: Cook...................  Village of            June 16, 2005; June    Ms. Billie D. Roth,       September 22, 2005............        170166 F
                                    Streamwood.           23, 2005; The Daily   President of the Village
                                                          Herald.               of Streamwood, Village
                                                                                Hall, 301 East Irving
                                                                                Park Road, Streamwood,
                                                                                Illinois 60107-3096.
Mississippi: Panola..............  City of Batesville..  November 23, 2005;    The Honorable Jerry        March 1, 2006.................        280126 C
                                                          November 30, 2005;    Autrey, Mayor of the
                                                          The Panolian.         City of Batesville, City
                                                                                Hall, P.O. Box 689, 103
                                                                                College Street,
                                                                                Batesville, Mississippi
                                                                                38606.
Mississippi: Hinds...............  City of Clinton.....  May 26, 2005; June    The Honorable Rosemary G.  May 16, 2005..................        280071 C
                                                          2, 2005; The          Aultman, Mayor of the
                                                          Clinton News.         City of Clinton, P.O.
                                                                                Box 156, Clinton,
                                                                                Mississippi 39060.
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[[Page 9739]]

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

    Dated: February 3, 2006.
David I. Maurstad,
Acting Director, Mitigation Division, Federal Emergency Management 
Agency, Department of Homeland Security.
[FR Doc. 06-1772 Filed 2-24-06; 8:45 am]
BILLING CODE 9110-12-P