Browse: Departments   Dates   Agencies  

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

CFR Citation: 44 CFR Part 65

NOTICE: RULES

ACTION: Flood elevation determinations:

DOCUMENT ACTION: Final rule.

SUBJECT CATEGORY: Changes in Flood Elevation Determinations

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.

DOCUMENT 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.

SUMMARY: Various States,

SUPPLEMENTAL 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.
Sec. 65.4 [Amended]
2. The tables published under the authority of Sec. 65.4 are amended as follows:
Dates and name of State and county Location newspaper where Chief executive officer of Effective date of Community No. notice was published community modification Alabama: Calhoun (FEMA Docket No. Unincorporated Areas. September 28, 2004, Mr. Ken Joiner, Calhoun September 21, 2004... 010013 C D7563). October 5, 2004, County Administrator, Anniston Star. 1702 Noble Street, Suite 103, Anniston, Alabama 36201. [[Page 40914]]
Florida: Charlotte (FEMA Docket Unincorporated Areas. September 27, 2004, Mr. Bruce Loucks, September 20, 2004... 120061 F No. D7563). October 4, 2004, Sun Charlotte County Herald. Administrator, Charlotte County Administration Building, 18500 Murdock Circle, Port Charlotte, Florida 33948. Delaware: New Castle (FEMA Docket Unincorporated Areas. August 17, 2004, Mr. Thomas P. Gordon, New November 23, 2004.... 105085 G No. D7563). August 24, 2004, The Castle County Executive, News Journal. New Castle County Government Center, 87 Reads Way, New Castle, Delaware 19720. Georgia: Gwinnett (FEMA Docket No. Unincorporated Areas. October 7, 2004, Mr. F. Wayne Hill, September 29, 2004... 130322 C D7565). October 14, 2004, Chairman of the Gwinnett Gwinnett Daily Post. County, Board of Commissioners, Justice and Administration Center, 75 Langley Drive, Lawrenceville, Georgia 30045. Massachusetts: Suffolk (FEMA City of Boston....... July 16, 2004, July The Honorable Thomas July 9, 2004......... 250286 D Docket No. D7561). 23, 2004, Boston Menino, Mayor of the City Herald. of Boston, 1 City Hall Plaza, 5th Floor, Boston, Massassachusetts 02201. Mississippi: DeSoto (FEMA Docket City of Olive Branch. August 5, 2004, The Honorable Samuel P. July 27, 2004........ 280286 E No. D7651). August 12, 2004, The Rikard, Mayor of the City DeSoto County of Olive Branch, City Tribune. Hall, 9189 Pigeon Roost Road, Olive Branch, Mississippi 38654. North Carolina: Durham (FEMA City of Durham....... August 11, 2004, The Honorable William V. November 17, 2004.... 370086 G Docket No. D7563). August 18, 2004, The Bell, Mayor of the City Herald Sun. of Durham, Office of the Mayor, 101 City Hall Plaza, Durham, North Carolina 27701. Pennsylvania:

Dauphin (FEMA Docket No. D Township of Lower July 19, 2004, July Mr. William B. Hawk, October 25, 2004..... 420384 B 7651). Paxton. 26, 2004, The Chairman of the Township Patriot News. of Lower Paxton Board of Supervisors, 75 South Houcks Road, Suite 207, Harrisburg, Pennsylvania 17109.

Bucks......................... Township of August 4, 2004, Mr. Bruce Townsend, November 10, 2004.... 420208 F Northampton. August 11, 2004, Township Northampton Bucks County Courier Manager, 55 Township Times. Road, Richboro, Pennsylvania 18954.

Bucks (FEMA Docket No. D7561) Township of August 4, 2004, Ms. Judith Smith, Township November 10, 2004.... 420990 F Warminster. August 11, 2004, The of Warminster Manager, Intelligencer. 401 Gibson Avenue, Warminster, Pennsylvania 18794.

Bucks (FEMA Docket No. D7561) Township of August 4, 2004, Mr. John D. Bonargo, Sr., November 10, 2004.... 420208 F Warrington. August 11, 2004, The Township of Warrington Intelligencer. Manager, Township Building, 852 Easton Road, Warrington, Pennsylvania 18976.

Bucks (FEMA Docket No. D7561) Township of Warwick.. August 4, 2004, Ms. Judith A. Algeo, November 10, 2004.... 420209 F August 11, 2004, The Chairman of the Township Intelligencer. of Warwick, Board of Supervisors, 1733 Township Greene, Jamison, Pennsylvania 18929.

Bucks (FEMA Docket No. D7561) Township of August 4, 2004, Mr. Chester S. Pogonowski, November 10, 2004.... 421045 F Wrightstown. August 11, 2004, Chairman of the Township Bucks County Courier of Wrightstown Board of Times. Supervisors, 738 Penns Park Road, Wrightstown, Pennsylvania 18940. South Carolina:

Horry (FEMA Docket No. D7563) Unincorporated Areas. August 27, 2004, Mr. Danny Knight, Horry December 3, 2004..... 450104 H September 3, 2004, County Administrator, The Sun News. P.O. Box 1236, Conway, South Carolina 29528.

Charleston (FEMA Docket No. D City of Isle of Palms October 1, 2004, The Honorable F. Michael September 23, 2004... 455416 E 7563). October 8, 2004, The Sottile, Mayor of the Post & Courier. City of Isle of Palms, P.O. Box 508, Isle of Palms, South Carolina 29451.

Sumter (FEMA Docket No. D Unincorporated Areas. August 26, 2004, Mr. William T. Noonan, December 2, 2004..... 450182 C 7563). September 2, 2004, Sumter County The Item. Administrator, 13 East Canal Street, Sumter, South Carolina 29150. Virginia: Fauquier (FEMA Docket Unincorporated Areas. July 15, 2004, July Mr. G. Robert Lee, July 9, 2004......... 510055 B No. D7561). 22, 2004, Fauquier Fauquier County Citizen. Administrator, 40 Culpeper Street, Warrenton, Virginia 20186. [[Page 40915]]
Catalog of Federal Domestic Assistance No. 83.100, ``Flood Insurance.'')

Dated: July 6, 2005.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and Response Directorate.
[FR Doc. 0513930 Filed 71405; 8:45 am]
BILLING CODE 911012P

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.