Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Rules and Regulations 55029 

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. 

Connecticut: 

Litchfield ....... Town of 

Harwinton.

September 6, 2005, September 13, 2005, The 

Register Citizen.

Ms. Marie Knudsen, Town of 

Harwinton First Selectman, 

Harwinton Town Hall, 100 Bentley 

Drive, Harwinton, Connecticut 

06791.

Dec. 13, 2005 ............ 090147 B 

Litchfield ....... Town of Litchfield September 6, 2005, September 13, 2005, The 

Register Citizen.

Mr. Leo Paul, Town of Litchfield First 

Selectman, Town Offices, 74 West 

Street, P.O. Box 488, Litchfield, 

Connecticut 06759.

Dec. 13, 2005 ............ 090047 B 

Litchfield ....... City of Torrington September 6, 2005, September 13, 2005, The 

Register Citizen.

The Honorable Owen J. Quinn, 

Mayor of the City of Torrington, 

Municipal Building, 140 Main 

Street, Torrington, Connecticut 

06790.

Dec. 13, 2005 ............ 095081 B 

Pennsylvania: 

Chester ......... Township of 

Atglen.

August 11, 2005, August 

18, 2005, Daily Local 

News.

The Honorable Wesley Vincent, 

Mayor of the Borough of Atglen, 

P.O. Box 250, Atglen, Pennsylvania 19310.

Nov. 17, 2005 ............ 420273 D 

Lancaster ...... Township of 

Sadsbury.

August 11, 2005, August 

18, 2005, Parkesburg 

Post Ledger.

Mr. N. Eugene Lammey, Chairman 

of the Township of Sadsbury 

Board of Supervisors, 7182 White 

Oak Road, Christiana, Pennsylvania 17509.

Nov. 17, 2005 ............ 421782 E 

Chester ......... Township of West 

Sadsbury.

August 11, 2005, August 

18, 2005, Parkesburg 

Post Ledger.

Mr. James Landis, Chairman of the 

Township of West Sadsbury 

Board of Supervisors, 6400 N. 

Moscow Road, Parkesburg, Pennsylvania 19365.

Nov. 17, 2005 ............ 422281 D 

(Catalog of Federal Domestic Assistance No. 

83.100, ‘‘Flood Insurance’’) 

Dated: September 14, 2005. 

David I. Maurstad, 

Acting Director, Mitigation Division, 

Emergency Preparedness and Response 

Directorate. 

[FR Doc. 05–18729 Filed 9–19–05; 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). 

55030 Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Rules and Regulations 

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. 

■ 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 

number 

Alabama: 

Jefferson 

(FEMA 

Docket No. 

D–7571).

City of Homewood March 21, 2005; March 

28, 2005; The Birmingham News.

The Honorable Barry R. McCulley, 

Mayor of the City of Homewood, 

1903 29th Avenue South, 

Homewood, Alabama 35209.

April 14, 2005 ............ 015006 E 

Colbert 

(FEMA 

Docket No. 

D–7571).

City of Muscle 

Shoals.

March 25, 2005; April 1, 

2005; Times Daily.

The Honorable David H. Bradford, 

Mayor of the City of Muscle 

Shoals, P.O. Box 2624, Muscle 

Shoals, Alabama 35662.

April 18, 2005 ............ 010047 C 

Connecticut: New 

Haven (FEMA 

Docket No. D– 

7573).

City of Meriden .... February 22, 2005; 

March 1, 2005; 

Record-Journal.

The Honorable Mark Benigni, Mayor 

of the City of Meriden, 1242 East 

Main Street, City Hall, Meriden, 

Connecticut 06450.

February 15, 2005 ..... 090081 C 

Florida: 

Duval (FEMA 

Docket No. 

D–7571).

City of Jacksonville.March 24, 2005; March 

31, 2005; The Florida 

Times-Union.

The Honorable John Peyton, Mayor 

of the City of Jacksonville, 117 

West Duval Street, Suite 400, 

Jacksonville, Florida 32202.

June 30, 2005 ........... 120077 E 

Duval (FEMA 

Docket No. 

D–7571).

City of Jacksonville.April 6, 2005; April 13, 

2005; The Florida 

Times-Union.

The Honorable John Peyton, Mayor 

of the City of Jacksonville, 4th 

Floor, City Hall at St. James, 117 

West Duval Street, Suite 400, 

Jacksonville, Florida 32202.

April 29, 2005 ............ 120077 E 

Georiga: DeKalb 

(FEMA Docket 

No. D–7571).

City of Decatur .... March 24, 2005; March 

31, 2005; The Champion.

The Honorable Bill Floyd, Mayor of 

the City of Decatur, P.O. Box 220, 

Decatur, Georgia 30031.

March 18, 2005 ......... 135159 H 

Pennsylvania: 

Northampton 

(FEMA 

Docket No. 

D–7571).

City of Bethlehem April 8, 2005; April 15, 

2005; The Morning Call.

The Honorable John B. Callahan, 

Mayor of the City of Bethlehem, 

10 East Church Street, Bethlehem, Pennsylvania 18018.

July 15, 2005 ............. 420718 D 

Lycoming 

(FEMA 

Docket No. 

D–7573).

Township of McIntyre.April 22, 2005; April 29, 

2005; Williamsport Sun 

Gazette.

Mr. Albert Boyer, Chairman of the 

Township of McIntyre Board of 

Supervisors, 12886 Route 14, 

Roaring Branch, Pennsylvania 

17765.

July 29, 2005 ............. 420645 E 

Adams 

(FEMA 

Docket No. 

D–7569).

Township of Oxford.March 10, 2005; March 

17, 2005; The Gettysburg Times and The 

Hanover Evening Sun.

Mr. Donald F. Poist, Supervisor of 

the Township of Oxford, Municipal 

Building, P.O. Box 86, New Oxford, Pennsylvania 17350.

June 16, 2005 ........... 420003 B 

Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Rules and Regulations 55031 

State and county Location 

Dates and name of newspaper where notice was 

published 

Chief executive officer of community Effective date of 

modification 

Community 

number 

Bucks (FEMA 

Docket No. 

D–7571).

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 ............. 421045 F 

West Virginia: Wyoming (FEMA 

Docket No. D–

7569).

Unincorporated 

Areas.

February 16, 2005; February 23, 2005; The 

Independent Herald.

Mr. Herman R. Davis, President of 

the Wyoming County Commission, 

P.O. Box 309, Pineville, West Virginia 24874–0309.

May 25, 2005 ............ 540217 B 

(Catalog of Federal Domestic Assistance No. 

83.100, ‘‘Flood Insurance’’) 

Dated: September 14, 2005. 

David I. Maurstad, 

Acting Director, Mitigation Division, 

Emergency Preparedness and Response 

Directorate. 

[FR Doc. 05–18734 Filed 9–19–05; 8:45 am] 

BILLING CODE 9110–12–U 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

Final Flood Elevation Determinations 

AGENCY: Federal Emergency 

Management Agency (FEMA), 

Emergency Preparedness and Response 

Directorate, Department of Homeland 

Security. 

ACTION: Final rule. 

SUMMARY: Base (1% annual chance) 

Flood Elevations (BFEs) and modified 

BFEs are made final for the 

communities listed below. The BFEs 

and modified BFEs are the basis for the 

floodplain management measures that 

each community is required either to 

adopt or to show evidence of being 

already in effect in order to qualify or 

remain qualified for participation in the 

National Flood Insurance Program 

(NFIP). 

DATES: The date of issuance of the Flood 

Insurance Rate Map (FIRM) showing 

BFEs and modified BFEs for each 

community. This date may be obtained 

by contacting the office where the maps 

are available for inspection as indicated 

on the table below. 

ADDRESSES: The final 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 for the 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. 

This final rule is issued in accordance 

with Section 110 of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 4104, 

and 44 CFR part 67. 

The Agency has developed criteria for 

floodplain management in floodprone 

areas in accordance with 44 CFR part 

60. 

Interested lessees and owners of real 

property are encouraged to review the 

proof Flood Insurance Study and FIRM 

available at the address cited below for 

each community. 

The BFEs and modified BFEs are 

made final in the communities listed 

below. Elevations at selected locations 

in each community are shown. 

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 final 

or modified BFEs are required by the 

Flood Disaster Protection Act of 1973, 

42 U.S.C. 4104, and are required to 

establish and 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 67 

Administrative practice and 

procedure, flood insurance, reporting 

and recordkeeping requirements. 

■ Accordingly, 44 CFR part 67 is 

amended as follows: 

PART 67—[AMENDED] 

■ 1. The authority citation for part 67 

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. 

§ 67.11 [Amended] 

■ 2. The tables published under the 

authority of § 67.11 are amended as 

follows: 

Source of flooding and location 

# Depth in 

feet above 

ground. 

* Elevation 

in feet 

(NGVD) 

•Elevation 

in feet 

(NAVD) 

NORTH CAROLINA 

Duplin County (FEMA Docket 

Nos. D–7620 and D–7628) 

Angola Creek: 

At the confluence with Cypress Creek ....................... •49 

Approximately 0.3 mile upstream of Lightwood 

Bridge Road ...................... •51 

Duplin County (Unincorporated Areas) 

Back Swamp: 

At the confluence with Cypress Creek ....................... •52 

At the Duplin/Onslow County 

boundary ............................ •58