[Federal Register Volume 71, Number 39 (Tuesday, February 28, 2006)]
[Rules and Regulations]
[Pages 9948-9950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1820]


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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), Department of 
Homeland Security, Mitigation Division.

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: 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, 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 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

[[Page 9949]]

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 
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 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.

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      Effective date of modification     Community
                                                            notice was published   officer of community                                       number
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Connecticut: Litchfield, (FEMA      Town of Harwinton....  September 6, 2005,     Ms. Marie Knudsen,     December 13, 2005..............        090147 B
 Docket No. D-7579).                                        September 13, 2005,    Town of Harwinton
                                                            The Register Citizen.  First Selectman,
                                                                                   Harwinton Town Hall,
                                                                                   100 Bentley Drive,
                                                                                   Harwinton,
                                                                                   Connecticut 06791.
Connecticut: Litchfield, (FEMA      Town of Litchfield...  September 6, 2005,     Mr. Leo Paul, Town of  December 13, 2005..............        090047 B
 Docket No. D-7579).                                        September 13, 2005,    Litchfield First
                                                            The Register Citizen.  Selectman, Town
                                                                                   Offices, 74 West
                                                                                   Street, P.O. Box
                                                                                   488, Litchfield,
                                                                                   Connecticut 06759.
Connecticut: Litchfield, (FEMA      City of Torrington...  September 6, 2005,     The Honorable Owen J.  December 13, 2005..............        095081 B
 Docket No. D-7579).                                        September 13, 2005,    Quinn, Mayor of the
                                                            The Register Citizen.  City of Torrington,
                                                                                   Municipal Building,
                                                                                   140 Main Street,
                                                                                   Torrington,
                                                                                   Connecticut 06790.
Pennsylvania: Chester, (FEMA        Township of Atglen...  August 11, 2005,       The Honorable Wesley   November 17, 2005..............        420273 D
 Docket No. D-7579).                                        August 18, 2005,       Vincent, Mayor of
                                                            Daily Local News       the Borough of
                                                                                   Atglen, P.O. Box
                                                                                   250, Atglen,
                                                                                   Pennsylvania 19310.
Pennsylvania: Lancaster, (FEMA      Township of Sadsbury.  August 11, 2005,       Mr. N. Eugene Lammey,  November 17, 2005..............        421782 E
 Docket No. D-7579).                                        August 18, 2005,       Chairman of the
                                                            Parkesburg Post        Township of Sadsbury
                                                            Ledger                 Board of
                                                                                   Supervisors, 7182
                                                                                   White Oak Road,
                                                                                   Christiana,
                                                                                   Pennsylvania 17509.
Pennsylvania: Chester, (FEMA        Township of West       August 11, 2005,       Mr. James Landis,      November 17, 2005..............        422281 D
 Docket No. D-7579).                 Sadsbury.              August 18, 2005,       Chairman of the
                                                            Parkesburg Post        Township of West
                                                            Ledger                 Sadsbury Board of
                                                                                   Supervisors, 6400 N.
                                                                                   Moscow Road,
                                                                                   Parkesburg,
                                                                                   Pennsylvania 19365.
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[[Page 9950]]

(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. 06-1820 Filed 2-27-06; 8:45 am]
BILLING CODE 9110-12-P