5936 Federal Register / Vol. 70, No. 23 / Friday, February 4, 2005 / Rules and Regulations 

(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. 05–2120 Filed 2–3–05; 8:45 am] 

BILLING CODE 9110–12–P

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 65 

[Docket No. FEMA–D–7563] 

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. 

Alabama: Calhoun ......... Unincorporated 

Areas.

September 28, 2004; 

October 5, 2004; Anniston Star.

Mr. Ken Joiner, Calhoun County 

Administrator, 1702 Noble 

Street, Suite 103, Anniston, 

Alabama 36201.

September 21, 2004 .. 010013 C 

Delaware: New Castle .. Unincorporated 

Areas.

August 17, 2004; August 24, 2004; The 

News Journal.

Mr. Thomas P. Gordon, New 

Castle County Executive, New 

Castle County Government 

Center, 87 Reads Way, New 

Castle, Delaware 19720.

November 23, 2004 ... 105085 G 

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,