[Federal Register Volume 70, Number 181 (Tuesday, September 20, 2005)]
[Rules and Regulations]
[Pages 55029-55031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18734]


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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).

[[Page 55030]]

    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.


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 number
                                                             published
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Alabama:
    Jefferson (FEMA Docket No. D-  City of Homewood...  March 21, 2005;      The Honorable Barry R.    April 14, 2005................  015006 E
     7571).                                              March 28, 2005;      McCulley, Mayor of the
                                                         The Birmingham       City of Homewood, 1903
                                                         News.                29th Avenue South,
                                                                              Homewood, Alabama 35209.
    Colbert (FEMA Docket No. D-    City of Muscle       March 25, 2005;      The Honorable David H.    April 18, 2005................  010047 C
     7571).                         Shoals.              April 1, 2005;       Bradford, Mayor of the
                                                         Times Daily.         City of Muscle Shoals,
                                                                              P.O. Box 2624, Muscle
                                                                              Shoals, Alabama 35662.
Connecticut: New Haven (FEMA       City of Meriden....  February 22, 2005;   The Honorable Mark        February 15, 2005.............  090081 C
 Docket No. D-7573).                                     March 1, 2005;       Benigni, Mayor of the
                                                         Record-Journal.      City of Meriden, 1242
                                                                              East Main Street, City
                                                                              Hall, Meriden,
                                                                              Connecticut 06450.
Florida:
    Duval (FEMA Docket No. D-      City of              March 24, 2005;      The Honorable John        June 30, 2005.................  120077 E
     7571).                         Jacksonville.        March 31, 2005;      Peyton, Mayor of the
                                                         The Florida Times-   City of Jacksonville,
                                                         Union.               117 West Duval Street,
                                                                              Suite 400,
                                                                              Jacksonville, Florida
                                                                              32202.
    Duval (FEMA Docket No. D-      City of              April 6, 2005;       The Honorable John        April 29, 2005................  120077 E
     7571).                         Jacksonville.        April 13, 2005;      Peyton, Mayor of the
                                                         The Florida Times-   City of Jacksonville,
                                                         Union.               4th Floor, City Hall at
                                                                              St. James, 117 West
                                                                              Duval Street, Suite
                                                                              400, Jacksonville,
                                                                              Florida 32202.
Georiga: DeKalb (FEMA Docket No.   City of Decatur....  March 24, 2005;      The Honorable Bill        March 18, 2005................  135159 H
 D-7571).                                                March 31, 2005;      Floyd, Mayor of the
                                                         The Champion.        City of Decatur, P.O.
                                                                              Box 220, Decatur,
                                                                              Georgia 30031.
Pennsylvania:
    Northampton (FEMA Docket No.   City of Bethlehem..  April 8, 2005;       The Honorable John B.     July 15, 2005.................  420718 D
     D-7571).                                            April 15, 2005;      Callahan, Mayor of the
                                                         The Morning Call.    City of Bethlehem, 10
                                                                              East Church Street,
                                                                              Bethlehem, Pennsylvania
                                                                              18018.
    Lycoming (FEMA Docket No. D-   Township of          April 22, 2005;      Mr. Albert Boyer,         July 29, 2005.................  420645 E
     7573).                         McIntyre.            April 29, 2005;      Chairman of the
                                                         Williamsport Sun     Township of McIntyre
                                                         Gazette.             Board of Supervisors,
                                                                              12886 Route 14, Roaring
                                                                              Branch, Pennsylvania
                                                                              17765.
    Adams (FEMA Docket No. D-      Township of Oxford.  March 10, 2005;      Mr. Donald F. Poist,      June 16, 2005.................  420003 B
     7569).                                              March 17, 2005;      Supervisor of the
                                                         The Gettysburg       Township of Oxford,
                                                         Times and The        Municipal Building,
                                                         Hanover Evening      P.O. Box 86, New
                                                         Sun.                 Oxford, Pennsylvania
                                                                              17350.

[[Page 55031]]

 
    Bucks (FEMA Docket No. D-      Township of          April 8, 2005;       Mr. Chester S.            July 15, 2005.................  421045 F
     7571).                         Wrightstown.         April 15, 2005;      Pogonowski, Chairman of
                                                         Bucks County         the Township of
                                                         Courtier Times.      Wrightstown Board of
                                                                              Supervisors, 738 Penns
                                                                              Park Road, Wrightstown,
                                                                              Pennsylvania 18940.
West Virginia: Wyoming (FEMA       Unincorporated       February 16, 2005;   Mr. Herman R. Davis,      May 25, 2005..................  540217 B
 Docket No. D-7569).                Areas.               February 23, 2005;   President of the
                                                         The Independent      Wyoming County
                                                         Herald.              Commission, P.O. Box
                                                                              309, Pineville, West
                                                                              Virginia 24874-0309.
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(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