52936 Federal Register / Vol. 70, No. 171 / Tuesday, September 6, 2005 / Rules and Regulations 

§ 64.6 [Amended] 

■ 2. The tables published under the 

authority of § 64.6 are amended as 

follows: 

State and location Community 

No. 

Effective date authorization/cancellation of 

sale of flood insurance in community 

Current effective 

map rate 

Date certain federal assistance 

no longer available in special 

flood hazard 

areas 

Region VII 

Missouri: 

Argyle, Village of, Osage County. ......... 290491 May 13, 1974, Emerg; August 1, 1986, 

Reg; September 2, 2005, Susp.

09/02/05 ........... 09/02/05 

Westphalia, City of, Osage County. ...... 290272 March 16, 1976, Emerg; September 10, 

1984, Reg; September 2, 2005, Susp.

......do ............... Do. 

Nebraska: 

Perkins County, Unincorporated Areas. 310464 June 15, 2001, Emerg; September 2, 2005, 

Reg; September 2, 2005, Susp.

......do ............... Do. 

* -do-=Ditto. 

Code for reading third column: Emerg.-Emergency; Reg.-Regular; Susp.-Suspension. 

Dated: August 25, 2005. 

Michael K. Buckley, 

Deputy Director, Mitigation Division, 

Emergency Preparedness and Response 

Directorate. 

[FR Doc. 05–17634 Filed 9–2–05; 8:45 am] 

BILLING CODE 9110–12–P 

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. 

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. 

Federal Register / Vol. 70, No. 171 / Tuesday, September 6, 2005 / Rules and Regulations 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. 

■ Accordingly, 44 CFR part 65 is 

amended to read as follows: 

PART 65—[AMENDED] 

■ 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. 

§ 65.4 [Amended] 

■ 2. The tables published under the 

authority of § 65.4 are amended as 

follows: 

State and county Location 

Dates and name of newspaper where notice was 

published 

Chief executive officer of 

community 

Effective date of 

modification 

Community 

No. 

Florida: 

Charlotte 

(FEMA 

Docket No. 

D–7569).

Unincorporated 

Areas.

January 27, 2005; February 3, 2005; Sun Herald.Mr. Bruce A. Loucks, Charlotte 

County Administrator, Charlotte 

County Administration Building, 

18500 Murdock Circle, Port 

Charlotte, Florida 33948.

January 20, 2005 ...... 120061 F 

Sarasota 

(FEMA 

Docket No. 

D–7567).

City of Sarasota January 14, 2005; January 

21, 2005; Sarasota Herald-Tribune.

Mr. Michael A. McNees, Sarasota 

City Manager, 1565 First Street, 

Room 101, Sarasota, Florida 

34236.

January 7, 2005; ....... 125150 B 

Georgia: Richmond (FEMA 

Docket No. D–

7569).

City of Augusta ... February 10, 2005; February 17, 2005; The Augusta Chronicle.The Honorable Robert Young, 

Mayor of the City of Augusta, 

City-County Building, 530 Greene 

Street, Augusta, Georgia 30911.

May 19, 2005 ............ 130159 

Massachusetts: 

Barnstable 

(FEMA 

Docket No. 

D–7569).

Town of Chatham February 3, 2005; February 10, 2005; Cape 

Cod Times.

Mr. William G. Hinchey, Chatham 

Town Manager, 549 Main Street, 

Chatham, Massachusetts 02633.

January 27, 2005 ...... 250004 D 

Norfolk 

(FEMA 

Docket No. 

D–7567).

Town of 

Foxborough.

January 19, 2005; January 

26, 2005; Foxboro Report.

Mr. Robert Hickey, Chairman of the 

Town of Foxborough, Board of 

Selectmen, 40 South Street, 

Foxborough, Massachusetts 

02035.

January 12, 2005 ...... 250239 B 

Minnesota: Hennepin (FEMA 

Docket No. D–

7569).

City of Minneapolis.January 21, 2005; January 

28, 2005; Star-Tribune.

The Honorable R. T. Ryback, 

Mayor of the City of Minneapolis, 

Minneapolis City Hall, 350 South 

Fifth Street, Room 331, Minneapolis, Minnesota 55415.

January 11, 2005 ...... 270172 E 

North Carolina: 

Haywood 

(FEMA Docket 

No. D–7567).

Unincorporated 

Areas.

January 10, 2005; January 

17, 2005; The Mountaineer.

Mr. Jack Horton, Haywood County 

Manager, 215 North Main Street, 

Waynesville, North Carolina 

28786.

April 18, 2005 ............ 370120 B 

South Carolina: 

Berkeley 

(FEMA 

Docket No. 

D–7569).

Unincorporated 

Areas.

February 3, 2005; February 10, 2005; The 

Post and Courier.

Mr. Jim Rozier, Chairman of the 

Berkeley, County Council, 223 

North Live Oak Drive, Moncks 

Corner, South Carolina 29461.

May 12, 2005 ............ 450029 D 

Berkeley 

(FEMA 

Docket No. 

D–7569).

City of Goose 

Creek.

February 3, 2005; February 10, 2005; The 

Post and Courier.

The Honorable Michael J. Heitzler, 

Mayor of the City of Goose 

Creek, 519 North Goose Creek 

Boulevard, Goose Creek, South 

Carolina 29445.

May 12, 2005 ............ 450206 D 

Richland 

(FEMA 

Docket No. 

D–7569).

Unincorporated 

Areas.

December 9, 2004; December 16, 2004; The 

State.

Mr. T. Cary McSwain, Richland 

County Administrator, 2020 

Hampton Street, Room 4058, 

P.O. Box 192, Columbia, South 

Carolina 29202.

March 16, 2005 ......... 450170 G 

Virginia: Fairfax 

(FEMA Docket 

No. D–7571).

Unincorporated 

Areas.

March 14, 2005; March 

21, 2005; The Washington Times.

Mr. Anthony H. Griffin, Fairfax 

County Executive, 12000 Government Center Parkway, Suite 

552, Fairfax, Virginia 22035–

0050.

April 4, 2005 .............. 515525 D 

West Virginia: 

Mingo (FEMA 

Docket No. D–

7569).

Unincorporated 

Areas.

February 28, 2005; March 

7, 2005; The Williamson 

Daily News.

Mr. Jim Hatfield, President of the 

Mingo Board of Commissioners, 

P.O. Box 1197, Williamson, West 

Virginia 25661.

November 16, 2004 .. 540133 C 

52938 Federal Register / Vol. 70, No. 171 / Tuesday, September 6, 2005 / Rules and Regulations 

(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 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 65 

[Docket No. FEMA–7577] 

Changes in Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency (FEMA), 

Emergency Preparedness and Response 

Directorate, Department of Homeland 

Security. 

ACTION: Interim rule. 

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 

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. 

■ Accordingly, 44 CFR part 65 is 

amended to read as follows: 

PART 65—[AMENDED] 

■ 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. 

§ 65.4 [Amended] 

■ 2. The tables published under the 

authority of § 65.4 are amended as 

shown below: 

State and county Location 

Dates and name of 

newspaper where notice 

was published 

Chief executive officer of community Effective date of 

modification Community No. 

Georgia: Mitchell City of Camilla .... July 6, 2005, July 13, 

2005, Camilla Enterprise.

The Honorable Alfred G. Powell, Jr., 

mayor of the city of Camilla, P.O. 

Box 328, Camilla, Georgia 31730.

June 29, 2005 ..... 130137B 

Pennsylvania: 

Bucks.

Township of 

Wrightstown.

April 8, 2005, April 15, 

2005, Bucks County 

Courtier Times.

Mr. Chester S. Pogonowski, chairman of the township of 

Wrightstown board of supervisors, 

738 Penns Park Road, 

Wrightstown, Pennsylvania 18940.

July 15, 2005 ...... 421045F