Changes in Flood Elevation Determinations, 5936-5937 [05-2119]

Download as PDF 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 Federal Emergency Management Agency (FEMA), Emergency Preparedness and Response Directorate, Department of Homeland Security. ACTION: Interim rule. AGENCY: 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 State and county 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. PART 65—[AMENDED] 1. The authority citation for part 65 continues to read as follows: I 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: I Effective date of modification Community No. Mr. Ken Joiner, Calhoun County Administrator, 1702 Noble Street, Suite 103, Anniston, Alabama 36201. Mr. Thomas P. Gordon, New Castle County Executive, New Castle County Government Center, 87 Reads Way, New Castle, Delaware 19720. September 21, 2004 .. 010013 C November 23, 2004 ... 105085 G September 28, 2004; October 5, 2004; Anniston Star. Delaware: New Castle .. Unincorporated Areas. August 17, 2004; August 24, 2004; The News Journal. Jkt 205001 Flood insurance, Floodplains, Reporting and recordkeeping requirements. I Accordingly, 44 CFR part 65 is amended to read as follows: Chief Executive Officer of community Unincorporated Areas. 15:36 Feb 03, 2005 List of Subjects in 44 CFR Part 65 Dates and name of newspaper where notice was published Location Alabama: Calhoun ......... VerDate jul<14>2003 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. PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\04FER1.SGM 04FER1 Federal Register / Vol. 70, No. 23 / Friday, February 4, 2005 / Rules and Regulations State and county Dates and name of newspaper where notice was published Location Florida: Charlotte ........... Unincorporated Areas. Florida: Charlotte ........... Unincorporated Areas. New Jersey: Somerset .. Township of Warren. North Carolina: Durham City of Durham .. South Carolina: Horry ... Unincorporated Areas. South Carolina: Charleston. City of Isle of Palms. South Carolina: Sumter Unincorporated Areas. (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 Federal Emergency Management Agency (FEMA), Emergency Preparedness and Response Directorate, Department of Homeland Security. ACTION: Final rule. AGENCY: 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 VerDate jul<14>2003 15:36 Feb 03, 2005 Jkt 205001 Chief Executive Officer of community Effective date of modification August 5, 2004; August Mr. Bruce Loucks, Charlotte 12, 2004; Sun Herald. County Administrator, Charlotte County Administration Building, 18500 Murdock Circle, Port Charlotte, Florida 33948. September 27, 2004; Mr. Bruce Loucks, Charlotte October 4, 2004; Sun County Administrator, Charlotte Herald. County Administration Building, 18500 Murdock Circle, Port Charlotte, Florida 33948. September 9, 2004; The Honorable Gary DiNardo, The Echoes Sentinel. Mayor of the Township of Warren, Warren Township Municipal Building, 46 Mountain Boulevard, Warren, New Jersey 07059. August 11, 2004; AuThe Honorable William V. Bell, gust 18, 2004; The Mayor of the City of Durham, Herald Sun. Office of the Mayor, 101 City Hall Plaza, Durham, North Carolina 27701. August 27, 2004; SepMr. Danny Knight, Horry County tember 3, 2004; The Administrator, P.O. Box 1236, Sun News. Conway, South Carolina 29528. October 1, 2004; Octo- The Honorable F. Michael Sottile, ber 8, 2004; The Mayor of the City of Isle of Post & Courier. Palms, P.O. Box 508, Isle of Palms, South Carolina 29451. August 26, 2004; SepMr. William T. Noonan, Sumter tember 2, 2004; The County Administrator, 13 East Item. Canal Street, Sumter, South Carolina 29150. 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 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 5937 Community No. July 29, 2004 ............. 120061 F September 20, 2004 .. 120061 F October 10, 2004 ...... 340446 B November 17, 2004 ... 370086 G December 3, 2004 ..... 450104 H September 23, 2004 455416 E December 2, 2004 ..... 450182 C 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, E:\FR\FM\04FER1.SGM 04FER1

Agencies

[Federal Register Volume 70, Number 23 (Friday, February 4, 2005)]
[Rules and Regulations]
[Pages 5936-5937]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-2119]


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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.

0
Accordingly, 44 CFR part 65 is amended to read as follows:

PART 65--[AMENDED]

0
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]

0
2. The tables published under the authority of Sec.  65.4 are amended 
as shown below:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Dates and name of
                                                          newspaper where     Chief Executive Officer
         State and county                Location            notice was            of  community       Effective date of modification    Community No.
                                                             published
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama: Calhoun.................  Unincorporated       September 28, 2004;  Mr. Ken Joiner, Calhoun   September 21, 2004............  010013 C
                                    Areas.               October 5, 2004;     County Administrator,
                                                         Anniston Star.       1702 Noble Street,
                                                                              Suite 103, Anniston,
                                                                              Alabama 36201.
Delaware: New Castle.............  Unincorporated       August 17, 2004;     Mr. Thomas P. Gordon,     November 23, 2004.............  105085 G
                                    Areas.               August 24, 2004;     New Castle County
                                                         The News Journal.    Executive, New Castle
                                                                              County Government
                                                                              Center, 87 Reads Way,
                                                                              New Castle, Delaware
                                                                              19720.

[[Page 5937]]

 
Florida: Charlotte...............  Unincorporated       August 5, 2004;      Mr. Bruce Loucks,         July 29, 2004.................  120061 F
                                    Areas.               August 12, 2004;     Charlotte County
                                                         Sun Herald.          Administrator,
                                                                              Charlotte County
                                                                              Administration
                                                                              Building, 18500 Murdock
                                                                              Circle, Port Charlotte,
                                                                              Florida 33948.
Florida: Charlotte...............  Unincorporated       September 27, 2004;  Mr. Bruce Loucks,         September 20, 2004............  120061 F
                                    Areas.               October 4, 2004;     Charlotte County
                                                         Sun Herald.          Administrator,
                                                                              Charlotte County
                                                                              Administration
                                                                              Building, 18500 Murdock
                                                                              Circle, Port Charlotte,
                                                                              Florida 33948.
New Jersey: Somerset.............  Township of Warren.  September 9, 2004;   The Honorable Gary        October 10, 2004..............  340446 B
                                                         The Echoes           DiNardo, Mayor of the
                                                         Sentinel.            Township of Warren,
                                                                              Warren Township
                                                                              Municipal Building, 46
                                                                              Mountain Boulevard,
                                                                              Warren, New Jersey
                                                                              07059.
North Carolina: Durham...........  City of Durham.....  August 11, 2004;     The Honorable William V.  November 17, 2004.............  370086 G
                                                         August 18, 2004;     Bell, Mayor of the City
                                                         The Herald Sun.      of Durham, Office of
                                                                              the Mayor, 101 City
                                                                              Hall Plaza, Durham,
                                                                              North Carolina 27701.
South Carolina: Horry............  Unincorporated       August 27, 2004;     Mr. Danny Knight, Horry   December 3, 2004..............  450104 H
                                    Areas.               September 3, 2004;   County Administrator,
                                                         The Sun News.        P.O. Box 1236, Conway,
                                                                              South Carolina 29528.
South Carolina: Charleston.......  City of Isle of      October 1, 2004;     The Honorable F. Michael  September 23, 2004............  455416 E
                                    Palms.               October 8, 2004;     Sottile, Mayor of the
                                                         The Post & Courier.  City of Isle of Palms,
                                                                              P.O. Box 508, Isle of
                                                                              Palms, South Carolina
                                                                              29451.
South Carolina: Sumter...........  Unincorporated       August 26, 2004;     Mr. William T. Noonan,    December 2, 2004..............  450182 C
                                    Areas.               September 2, 2004;   Sumter County
                                                         The Item.            Administrator, 13 East
                                                                              Canal Street, Sumter,
                                                                              South Carolina 29150.
--------------------------------------------------------------------------------------------------------------------------------------------------------


(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
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