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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

CFR Citation: 44 CFR Part 65

Docket ID: [Docket No. FEMA-D-7569]

NOTICE: RULES

ACTION: Flood elevation determinations:

DOCUMENT ACTION: Interim rule.

SUBJECT CATEGORY: Changes in Flood Elevation Determinations

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 90day period.

DOCUMENT 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
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calculated from the modified BFEs for new buildings and their contents.

SUMMARY: Various States,

SUPPLEMENTAL 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.
Sec. 65.4 [Amended]
2. The tables published under the authority of Sec. 65.4 are amended as shown below:
Dates and name of State and county Location newspaper where Chief executive officer Effective date of modification Community notice was published of community number Florida: Charlotte............... Unincorporated Areas January 27, 2005; Mr. Bruce A. Loucks, January 20, 2005.............. 120061 F February 3, 2005; Charlotte County Sun Herald. Administrator, Charlotte County Administration Building, 18500 Murdock Circle, Port Charlotte, Florida 33948. Georgia: Richmond................ City of Augusta..... February 10, 2005; The Honorable Robert May 19, 2005.................. 130159 February 17, 2005; Young, Mayor of the City The Augusta of Augusta, CityCounty Chronicle. Building, 530 Greene Street, Augusta, Georgia 30911. Massachusetts: Barnstable........ Town of Chatham..... February 3, 2005; Mr. William G. Hinchey, January 27, 2005.............. 250004 D February 10, 2005; Chatham Town Manager, Cape Cod Times. 549 Main Street, Chatham, Massachusetts 02633. Minnesota: Hennepin.............. City of Minneapolis. January 21, 2005; The Honorable R. T. January 11, 2005.............. 270172 E January 28, 2005; Ryback, Mayor of the StarTribune. City of Minneapolis, Minneapolis City Hall, 350 South Fifth Street, Room 331, Minneapolis, Minnesota 55415. North Carolina: Orange........... Town of Carrboro.... July 20, 2004; July Mr. Steven Stewart, July 13, 2004................. 370275 B 27, 2004; Chapel Carrboro Town Manager, Hill Herald. 301 West Main Street, Carrboro, North Carolina 27510. [[Page 30645]]
Pennsylvania: Adams.............. Township of Oxford.. March 10, 2005; Mr. Donald F. Poist, June 16, 2005................. 420003 B March 17, 2005; The Supervisor of the Gettysburg Times Township of Oxford, and The Hanover Municipal Building, P.O. Evening Sun. Box 86, New Oxford, Pennsylvania 17350. South Carolina: Berkeley......... Unincorporated Areas February 3, 2005; Mr. Jim Rozier, Chairman May 12, 2005.................. 450029 D February 10, 2005; of the Berkeley, County The Post and Council, 223 North Live Courier. Oak Drive, Moncks Corner, South Carolina 29461. South Carolina: Berkeley......... City of Goose Creek. February 3, 2005; The Honorable Michael J. May 12, 2005.................. 450206 D February 10, 2005; Heitzler, Mayor of the The Post and City of Goose Creek, 519 Courier. North Goose Creek Boulevard, Goose Creek, South Carolina 29445. South Carolina: Richland......... Unincorporated Areas December 9, 2004; Mr. T. Cary McSwain, March 16, 2005................ 450170 G December 16, 2004; Richland County The State. Administrator, 2020 Hampton Street, Room 4058, P.O. Box 192, Columbia, South Carolina 29202. West Virginia: Mingo............. Unincorporated Areas February 28, 2005; Mr. Jim Hatfield, November 16, 2004............. 540133 C March 7, 2005; The President of the Mingo Williamson Daily Board of Commissioners, News. P.O. Box 1197, Williamson, West Virginia 25661. West Virginia: Wyoming........... Unincorporated Areas February 16, 2005; Mr. Herman R. Davis, May 25, 2005.................. 540217 B February 23, 2005; President of the The Independent Wyoming, County Herald. Commission, P.O. Box 309, Pineville, West Virginia 248740309. (Catalog of Federal Domestic Assistance No. 83.100, ``Flood Insurance.'')

Dated: May 18, 2005.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and Response Directorate.
[FR Doc. 0510615 Filed 52605; 8:45 am]
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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.