Federal Register / Vol. 70, No. 23 / Friday, February 4, 2005 / Rules and Regulations 5937

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 ........... Unincorporated 

Areas.

August 5, 2004; August 

12, 2004; Sun Herald.

Mr. Bruce Loucks, Charlotte 

County Administrator, Charlotte 

County Administration Building, 

18500 Murdock Circle, Port 

Charlotte, Florida 33948.

July 29, 2004 ............. 120061 F 

Florida: Charlotte ........... Unincorporated 

Areas.

September 27, 2004; 

October 4, 2004; Sun 

Herald.

Mr. Bruce Loucks, Charlotte 

County Administrator, Charlotte 

County Administration Building, 

18500 Murdock Circle, Port 

Charlotte, Florida 33948.

September 20, 2004 .. 120061 F 

New Jersey: Somerset .. Township of 

Warren.

September 9, 2004; 

The Echoes Sentinel.

The Honorable Gary DiNardo, 

Mayor of the Township of Warren, Warren Township Municipal Building, 46 Mountain Boulevard, Warren, New Jersey 

07059.

October 10, 2004 ...... 340446 B 

North Carolina: Durham City of Durham .. August 11, 2004; August 18, 2004; The 

Herald Sun.

The Honorable William V. Bell, 

Mayor of the City of Durham, 

Office of the Mayor, 101 City 

Hall Plaza, Durham, North 

Carolina 27701.

November 17, 2004 ... 370086 G 

South Carolina: Horry ... Unincorporated 

Areas.

August 27, 2004; September 3, 2004; The 

Sun News.

Mr. Danny Knight, Horry County 

Administrator, P.O. Box 1236, 

Conway, South Carolina 29528.

December 3, 2004 ..... 450104 H 

South Carolina: Charleston.City of Isle of 

Palms.

October 1, 2004; October 8, 2004; The 

Post & Courier.

The Honorable F. Michael Sottile, 

Mayor of the City of Isle of 

Palms, P.O. Box 508, Isle of 

Palms, South Carolina 29451.

September 23, 2004 455416 E 

South Carolina: Sumter Unincorporated 

Areas.

August 26, 2004; September 2, 2004; The 

Item.

Mr. William T. Noonan, Sumter 

County Administrator, 13 East 

Canal Street, Sumter, South 

Carolina 29150.

December 2, 2004 ..... 450182 C 

(Catalog of Federal Domestic Assistance No. 

83.100, ‘‘Flood Insurance’’)

Dated: January 28, 2005. 

David I. Maurstad, 

Acting Director, Mitigation Division, 

Emergency Preparedness and Response 

Directorate.

[FR Doc. 05–2119 Filed 2–3–05; 8:45 am] 

BILLING CODE 9110–12–P

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).

EFFECTIVE 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,

5938 Federal Register / Vol. 70, No. 23 / Friday, February 4, 2005 / Rules and Regulations 

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) 

New Hampshire

Dover (City), Strafford County (FEMA Docket No. D–

7580)

Boston Harbor:

At a point immediately downstream of Scammel Bridge *7 

Approximately 100 feet east 

of northbound lane of 

Spaulding Turnpike bridge *7 

Maps available for inspection

at the Dover City Office, 288 

Central Avenue, Dover, New 

Hampshire.

WEST VIRGINIA

McDowell County (Unincorporated Areas) (FEMA 

Docket No. D–7600)

Clear Fork:

Approximately 4,800 feet 

downstream of County 

Route 2 .............................. *1,409 

Source of flooding and location 

#Depth in 

feet above 

ground. 

*Elevation 

in feet 

(NGVD) 

•Elevation 

in feet 

(NAVD) 

At the confluence with 

Wolfpen Branch ................. *1,479 

Wolfpen Branch:

At the confluence with Clear 

Fork ................................... *1,479 

Approximately 4,440 feet upstream of the confluence 

with Clear Fork .................. *1,551 

Maps available for inspection

at the McDowell County Redevelopment Authority, 90 

Wyoming Street, Suite 205, 

Welch, West Virginia. 

(Catalog of Federal Domestic Assistance No. 

83.100, ‘‘Flood Insurance.’’)

Dated: January 28, 2005. 

David I. Maurstad, 

Acting Director, Mitigation Division, 

Emergency Preparedness and Response 

Directorate.

[FR Doc. 05–2123 Filed 2–3–05; 8:45 am] 

BILLING CODE 9110–12–P

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).

EFFECTIVE 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