Federal Register / Vol. 70, No. 23 / Friday, February 4, 2005 / Rules and Regulations 5933

DATES: Effective Date: The provisions of 

this final rule are effective February 4, 

2005, and applies to travel performed on 

or after that date.

FOR FURTHER INFORMATION CONTACT: The 

Regulatory Secretariat (VIR), Room 

4035, GS Building, Washington, DC, 

20405, (202) 208–7312, for information 

pertaining to status or publication 

schedules. For clarification of content, 

contact Devoanna R. Reels, Program 

Analyst, Office of Governmentwide 

Policy, Travel Management Policy, at 

(202) 501–3781. Please cite FTR case 

2005–301, FTR Amendment 2005–01.

SUPPLEMENTARY INFORMATION:

A. Background

Pursuant to 5 U.S.C. 5707(b), the 

Administrator of General Services has 

the responsibility to establish the 

privately owned vehicle (POV) mileage 

reimbursement rates. Separate rates are 

set for airplanes, automobiles (including 

trucks), and motorcycles. In order to set 

these rates, GSA is required to conduct 

periodic investigations, in consultation 

with the Secretaries of Defense and 

Transportation, and representatives of 

Government employee organizations, of 

the cost of travel and the operation of 

POVs to employees while engaged on 

official business. As required, GSA 

conducted an investigation of the costs 

of operating a POV and is reporting the 

cost per mile determination. The results 

of the investigation have been reported 

to Congress and a copy of the report 

appears as an attachment to this 

document. GSA’s cost studies show the 

Administrator of General Services has 

determined the per-mile operating costs 

of a POV to be $1.07 for airplanes, 

$0.405 for automobiles, and $0.305 for 

motorcycles. As provided in 5 U.S.C. 

5704(a)(1), the automobile 

reimbursement rate cannot exceed the 

single standard mileage rate established 

by the Internal Revenue Service (IRS). 

The IRS has announced a new single 

standard mileage rate for automobiles of 

$0.405 per mile effective January 1, 

2005. Additionally, based on updated 

data for the two-tiered reimbursement 

rates reflecting costs to an agency of 

operating a Government-furnished 

vehicle (GFV), the current 

reimbursement rate of $0.270 per mile 

increased to $0.285 per mile (when a 

GFV is available to an employee). The 

current reimbursement rate of $0.105 

per mile (when a GFV is assigned 

directly to an employee) will remain the 

same.

B. Executive Order 12866

This is not a significant regulatory 

action and, therefore, was not subject to 

review under Section 6(b) of Executive 

Order 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

rule is not a major rule under 5 U.S.C. 

804.

C. Regulatory Flexibility Act

This final rule is not required to be 

published in the Federal Register for 

notice and comment; therefore, the 

Regulatory Flexibility Act, 5 U.S.C. 601, 

et seq., does not apply.

D. Paperwork Reduction Act

The Paperwork Reduction Act does 

not apply because the changes to the 

FTR do not impose recordkeeping or 

information collection requirements, or 

the collection of information from 

offerors, contractors, or members of the 

public that require the approval of the 

Office of Management and Budget under 

44 U.S.C. 3501, et seq.

E. Small Business Regulatory 

Enforcement Fairness Act

This final rule is also exempt from 

congressional review prescribed under 5 

U.S.C. 801 since it relates solely to 

agency management and personnel.

List of Subjects in 41 CFR Part 301–10

Government employees, Travel and 

transportation expenses.

Dated: January 25, 2005.

Stephen A. Perry,

Administrator of General Services.

■ For the reasons set forth in the 

preamble, under 5 U.S.C. 5701–5709, 

GSA amends 41 CFR part 301–10 as set 

forth below:

PART 301–10—TRANSPORTATION 

EXPENSES

■ 1. The authority citation for 41 CFR 

part 301–10 is revised to read as follows:

Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c); 

49 U.S.C. 40118.

■ 2. In section 301–10.303 revise the last 

three entries in the table to read as 

follows:

§ 301–10.303 What am I reimbursed when 

use of a POV is determined by my agency 

to be advantageous to the Government?

For use of a Your reimbursement is 

***** ............... *****

Privately owned 

airplane ............. 1 $1.07

Privately owned 

automobile ......... 1 $0.405

Privately owned 

motorcycle ......... 1 $0.305

1 Per mile.

The following attachment will not 

appear in the Code of Federal 

Regulations.

Attachment to Preamble—Report To 

Congress On The Costs Of Operating 

Privately Owned Vehicles

5 U.S.C. 5707(b)(1)(A) requires that the 

Administrator of General Services, in 

consultation with the Secretary of Defense, 

the Secretary of Transportation, and 

representatives of Government employee 

organizations, conduct periodic 

investigations of the cost of travel and 

operation of privately owned vehicles (POVs) 

(airplanes, automobiles, and motorcycles) to 

Government employees while on official 

travel, and report the results to the Congress 

at least once a year. 5 U.S.C. 5707(b)(2)(B) 

further requires that the Administrator of 

General Services determine the average, 

actual cost per mile for the use of each type 

of POV based on the results of the cost 

investigation. Such figures must be reported 

to the Congress within 5 working days after 

the cost determination has been made in 

accordance with 5 U.S.C. 5707(b)(2)(C).

Pursuant to the requirements of 5 U.S.C. 

5707(b)(1)(A), the General Services 

Administration (GSA), in consultation with 

the Secretary of Defense, the Secretary of 

Transportation, and representatives of 

Government employee organizations, 

conducted an investigation of the cost of 

operating a privately owned automobile 

(POA). As provided in 5 U.S.C. 5704(a)(1), 

the automobile reimbursement rate cannot 

exceed the single standard mileage rate 

established by the Internal Revenue Service 

(IRS). The IRS has announced a new single 

standard mileage rate for POAs of $0.405 

effective January 1, 2005.

As required, GSA is reporting the results of 

the investigation and the cost per mile 

determination. Based on cost studies 

conducted by GSA, I have determined the 

per-mile operating costs of a POV to be $1.07 

for airplanes, $0.405 for POAs, and $0.305 for 

motorcycles.

I will issue a regulation to increase the 

current $0.995 to $1.07 for privately owned 

airplanes, $0.375 to $0.405 for POAs, and 

$0.285 to $0.305 for privately owned 

motorcycles. This report to Congress on the 

cost of operating POVs will be published in 

the Federal Register.

[FR Doc. 05–2124 Filed 2–3–05; 8:45 am]

BILLING CODE 6820–14–S

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 

5934 Federal Register / Vol. 70, No. 23 / Friday, February 4, 2005 / Rules and Regulations 

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.

EFFECTIVE 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. 

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. 

Alabama: 

Colbert (FEMA 

Docket No. D–

7557).

City of Muscle 

Shoals.

Mar. 24, 2004, Mar. 31, 

2004, Times Daily.

The Honorable David H. Bradford, Mayor of the City of Muscle Shoals, P.O. Box 2624, 

Muscle Shoals, Alabama 35662.

Apr. 17, 2004 ............ 010047 C 

Tuscaloosa (FEMA 

Docket No. D–

7557).

City of Tuscaloosa.Mar. 24, 2004, Mar. 31, 

2004, The Tuscaloosa News.

The Honorable Alvin P. Dupont, 

Mayor of the City of Tuscaloosa, P.O. Box 2089, Tuscaloosa, Alabama 35403.

June 30, 2004 ........... 010203 E 

Delaware: 

New Castle (FEMA 

Docket No. D–

7555).

Unincorporated 

Areas.

Feb. 17, 2004, Feb. 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.

May 25, 2004 ............ 105085 G 

Federal Register / Vol. 70, No. 23 / Friday, February 4, 2005 / Rules and Regulations 5935

State and county Location 

Dates and name of 

newspaper where

notice was published 

Chief Executive Officer of

community 

Effective date of 

modification 

Community 

No. 

New Castle (FEMA 

Docket No. D–

7557).

Unincorporated 

Areas.

Apr. 2, 2004, Apr. 9, 

2004, The News 

Journal.

Mr. Thomas P. Gordon, New 

Castle County Executive, New 

Castle County Government 

Center, 87 Reads Way, New 

Castle, Delaware 19720.

July 9, 2004 ............... 105085 G 

Massachusetts: 

Barnstable (FEMA 

Docket No. D–7559).

Town of Falmouth.Apr. 23, 2004, Apr. 30, 

2004, Cape Cod 

Times.

Mr. Robert L. Whritenour, Jr., Falmouth Town Administrator, 59 

Town Hall Square, Falmouth, 

Massachusetts 02540.

Apr. 16, 2004 ............ 255211 G 

New Jersey: 

Hudson (FEMA 

Docket No. D–

7555).

Township of 

North Bergen.

Mar. 31, 2004, Apr. 7, 

2004, The Jersey 

Journal.

The Honorable Nicholas J. 

Sacco, Mayor of the Township 

of North Bergen, 4233 Kennedy 

Boulevard, North Bergen, New 

Jersey 07047.

Mar. 23, 2004 ............ 340225 C 

Cape May (FEMA 

Docket No. D–

7555).

Borough of Wildwood Crest.Feb. 11, 2004, Feb. 18, 

2004, The Gazette.

The Honorable John J. 

Pantalone, Mayor of the Borough of Wildwood Crest, 6101 

Pacific Avenue, Wildwood 

Crest, New Jersey 08260.

Feb. 3, 2004 .............. 345330 C 

Pennsylvania: Lehigh 

(FEMA Docket No. D–

7553).

Township of 

South Whitehall.

Feb. 9, 2004, Feb. 16, 

2004, The Morning 

Call.

Mr. Gerald Gasda, Township of 

South Whitehall Manager, 4444 

Walbert Avenue, Allentown, 

Pennsylvania 18104.

Jan. 28, 2004 ............ 420593 D 

Puerto Rico: (FEMA 

Docket No. D–7555).

Commonwealth Mar. 5, 2004, Mar. 12, 

2004, The San Juan 

Star.

The Honorable Sila M. Calderon, 

Governor of the Commonwealth of Puerto Rico, Office of 

the Governor, P.O. Box 

9020082, San Juan, Puerto 

Rico 00902–0082.

June 11, 2004 ........... 720000 C 

South Carolina: 

York (FEMA Docket 

No. D–7557).

City of Rock Hill Mar. 24, 2004, Mar. 31, 

2004, The Herald.

The Honorable Doug Echols, 

Mayor of the City of Rock Hill, 

P.O. Box 11706, Rock Hill, 

South Carolina 29731.

June 30, 2004 ........... 450196 C 

York (FEMA Docket 

No. D–7557).

Unincorporated 

Areas.

Mar. 24, 2004, Mar. 31, 

2004, The Herald.

Mr. Alfred W. Green, York County 

Manager, P.O. Box 66, York, 

South Carolina 29745–0066.

June 30, 2004 ........... 450193 C 

Vermont: Bennington 

(FEMA Docket No. D–

7555).

Town of 

Bennington.

Feb. 18, 2004, Feb. 25, 

2004, Bennington 

Banner.

Mr. Stuart Hurd, Bennington 

Town Manager, P.O. Box 469, 

205 South Street, Bennington, 

Vermont 05201.

Feb. 11, 2004 ............ 500013 C 

Virginia: 

Culpeper (FEMA 

Docket No. D–

7555).

Town of 

Culpeper.

Feb. 17, 2004, Feb. 24, 

2004, The Culpeper 

Star.

Mr. J. Brannon Godfrey, Town of 

Culpeper Manager, 400 South 

Main Street, Culpeper, Virginia 

22701.

May 25, 2004 ............ 510042 B 

Fairfax (FEMA 

Docket No. D–

7555).

Unincorporated 

Areas.

Feb. 18, 2004, Feb. 25, 

2004, The Washington Times.

Mr. Anthony Griffin, Fairfax County Executive, 12000 Government Center Parkway, Suite 

552, Fairfax, Virginia 22035–

0066.

May 26, 2004 ............ 515525 D 

Loudoun (FEMA 

Docket No. D–

7555).

Unincorporated 

Areas.

Mar. 10, 2004, Mar. 17, 

2004, Loudoun 

Times Mirror.

Mr. Kirby Bowers, Loudoun County Administrator, 1 Harrison 

Street, S.E., 5th Floor, P.O. 

Box 7000, Leesburg, Virginia 

20177–7000.

June 16, 2004 ........... 510090 D 

Norfolk (FEMA 

Docket No. D–

7555).

Independent City Apr. 5, 2004, Apr. 12, 

2004, The VirginianPilot.

The Honorable Paul D. Fraim, 

Mayor of the City of Norfolk, 

1109 City Hall Building, 810 

Union Street, Norfolk, Virginia 

23510.

Mar. 29, 2004 ............ 510104 E 

Prince William 

(FEMA Docket 

No. D–7557).

Unincorporated 

Areas.

Mar. 17, 2004, Mar. 24, 

2004, Potomac News.

Mr. Craig Gerhart, Prince William 

County Executive, 1 County 

Complex Court, Prince William, 

Virginia 22192.

June 23, 2004 ........... 510119 D 

Independent City 

(FEMA Docket 

No. D–7557).

City of Winchester.Mar. 15, 2004, Mar. 22, 

2004, Winchester 

Star.

Mr. Edwin C. Daley, City of Winchester Manager, Rouss City 

Hall, 15 North Cameron Street, 

Winchester, Virginia 22601.

Mar. 4, 2004 .............. 510173 B 

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