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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.

[[Page 52937]]

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 newspaper where Chief executive officer State and county Location notice was of community Effective date of modification Community No. published Florida:

Charlotte (FEMA Docket No. D Unincorporated January 27, 2005; Mr. Bruce A. Loucks, January 20, 2005.............. 120061 F 7569). Areas. February 3, 2005; Charlotte County Sun Herald. Administrator, Charlotte County Administration Building, 18500 Murdock Circle, Port Charlotte, Florida 33948.

Sarasota (FEMA Docket No. D City of Sarasota... January 14, 2005; Mr. Michael A. McNees, January 7, 2005;.............. 125150 B 7567). January 21, 2005; Sarasota City Manager, Sarasota Herald 1565 First Street, Room Tribune. 101, Sarasota, Florida 34236. Georgia: Richmond (FEMA Docket City of Augusta.... February 10, 2005; The Honorable Robert May 19, 2005.................. 130159 No. D7569). February 17, 2005; Young, Mayor of the The Augusta City of Augusta, City Chronicle. County Building, 530 Greene Street, Augusta, Georgia 30911. Massachusetts:

Barnstable (FEMA Docket No. Town of Chatham.... February 3, 2005; Mr. William G. Hinchey, January 27, 2005.............. 250004 D D7569). February 10, 2005; Chatham Town Manager, Cape Cod Times. 549 Main Street, Chatham, Massachusetts 02633.

Norfolk (FEMA Docket No. D Town of Foxborough. January 19, 2005; Mr. Robert Hickey, January 12, 2005.............. 250239 B 7567). January 26, 2005; Chairman of the Town of Foxboro Report. Foxborough, Board of Selectmen, 40 South Street, Foxborough, Massachusetts 02035. Minnesota: Hennepin (FEMA Docket City of Minneapolis January 21, 2005; The Honorable R. T. January 11, 2005.............. 270172 E No. D7569). 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: Haywood (FEMA Unincorporated January 10, 2005; Mr. Jack Horton, Haywood April 18, 2005................ 370120 B Docket No. D7567). Areas. January 17, 2005; County Manager, 215 The Mountaineer. North Main Street, Waynesville, North Carolina 28786. South Carolina:

Berkeley (FEMA Docket No. D Unincorporated February 3, 2005; Mr. Jim Rozier, Chairman May 12, 2005.................. 450029 D 7569). Areas. February 10, 2005; of the Berkeley, County The Post and Council, 223 North Live Courier. Oak Drive, Moncks Corner, South Carolina 29461.

Berkeley (FEMA Docket No. D City of Goose Creek February 3, 2005; The Honorable Michael J. May 12, 2005.................. 450206 D 7569). February 10, 2005; Heitzler, Mayor of the The Post and City of Goose Creek, Courier. 519 North Goose Creek Boulevard, Goose Creek, South Carolina 29445.

Richland (FEMA Docket No. D Unincorporated December 9, 2004; Mr. T. Cary McSwain, March 16, 2005................ 450170 G 7569). Areas. December 16, 2004; Richland County The State. Administrator, 2020 Hampton Street, Room 4058, P.O. Box 192, Columbia, South Carolina 29202. Virginia: Fairfax (FEMA Docket Unincorporated March 14, 2005; Mr. Anthony H. Griffin, April 4, 2005................. 515525 D No. D7571). Areas. March 21, 2005; Fairfax County The Washington Executive, 12000 Times. Government Center Parkway, Suite 552, Fairfax, Virginia 22035 0050. West Virginia: Mingo (FEMA Unincorporated February 28, 2005; Mr. Jim Hatfield, November 16, 2004............. 540133 C Docket No. D7569). Areas. March 7, 2005; The President of the Mingo Williamson Daily Board of Commissioners, News. P.O. Box 1197, Williamson, West Virginia 25661. [[Page 52938]]
(Catalog of Federal Domestic Assistance No. 83.100, ``Flood Insurance.'')

Dated: August 23, 2005.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and Response Directorate.
[FR Doc. 0517626 Filed 9205; 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.