Changes in Flood Elevation Determinations, 35539-35540 [05-12169]

Download as PDF Federal Register / Vol. 70, No. 118 / Tuesday, June 21, 2005 / Rules and Regulations consumers, and does not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. Title VIII of ANILCA requires the Secretaries to administer a subsistence preference on public lands. The scope of this program is limited by definition to certain public lands. Likewise, the adjustments have no potential takings of private property implications as defined by Executive Order 12630. The Service has determined and certifies pursuant to the Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that the adjustments will not impose a cost of $100 million or more in any given year on local or State governments or private entities. The implementation is by Federal agencies, and no cost is involved to any State or local entities or Tribal governments. The Service has determined that the adjustments meet the applicable standards provided in Sections 3(a) and 3(b)(2) of Executive Order 12988, regarding civil justice reform. In accordance with Executive Order 13132, the adjustments do not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. Title VIII of ANILCA precludes the State from exercising subsistence management authority over fish and wildlife resources on Federal lands. Cooperative salmon run assessment efforts with ADF&G will continue. In accordance with the President’s memorandum of April 29, 1994, ‘‘Government-to-Government Relations with Native American Tribal Governments’’ (59 FR 22951), Executive Order 13175, and 512 DM 2, we have evaluated possible effects on Federally recognized Indian tribes and have determined that there are no effects. The Bureau of Indian Affairs is a participating agency in this rulemaking. On May 18, 2001, the President issued Executive Order 13211 on regulations that significantly affect energy supply, distribution, or use. This Executive Order requires agencies to prepare Statements of Energy Effects when undertaking certain actions. As these actions are not expected to significantly affect energy supply, distribution, or use, they are not significant energy actions and no Statement of Energy Effects is required. Drafting Information Bill Knauer drafted this document under the guidance of Thomas H. Boyd, of the Office of Subsistence Management, Alaska Regional Office, VerDate jul<14>2003 15:18 Jun 20, 2005 Jkt 205001 U.S. Fish and Wildlife Service, Anchorage, Alaska. Taylor Brelsford, Alaska State Office, Bureau of Land Management; Rod Simmons, Alaska Regional Office, U.S. Fish and Wildlife Service; Nancy Swanton, Alaska Regional Office, National Park Service; Dr. Glenn Chen, Alaska Regional Office, Bureau of Indian Affairs; and Steve Kessler, USDA-Forest Service, provided additional guidance. Authority: 16 U.S.C. 3, 472, 551, 668dd, 3101–3126; 18 U.S.C. 3551–3586; 43 U.S.C. 1733. Dated: June 1, 2005. Thomas H. Boyd, Acting Chair, Federal Subsistence Board. Dated: June 1, 2005. Steve Kessler, Subsistence Program Leader, USDA-Forest Service. [FR Doc. 05–12158 Filed 6–20–05; 8:45 am] BILLING CODE 3410–11–P; 4310–55–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 65 [Docket No. FEMA–D–7573] 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 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 35539 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 E:\FR\FM\21JNR1.SGM 21JNR1 35540 Federal Register / Vol. 70, No. 118 / Tuesday, June 21, 2005 / Rules and Regulations 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 State and county Location Connecticut: New Haven. City of Meriden ... New Hampshire: Hillsborough. Town of Peterborough. Pennsylvania: Montgomery. Township of Horsham. Pennsylvania: Lycoming. Township of McIntyre. Virginia: Fauquier Unincorporated Areas. BILLING CODE 9110–12–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 65 Changes in Flood Elevation Determinations Federal Emergency Management Agency (FEMA), Emergency Preparedness and Response Directorate, Department of Homeland Security. Final rule. VerDate jul<14>2003 15:18 Jun 20, 2005 Jkt 205001 Flood insurance, floodplains, reporting and recordkeeping requirements. I 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: 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 2. The tables published under the authority of § 65.4 are amended as shown below: Chief executive officer of community 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 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 [Amended] I February 22, 2005; March The Honorable Mark Benigni, 1, 2005; Record-Journal. Mayor of the City of Meriden, 142 East Main Street, City Hall, Meriden, Connecticut 06450. April 28, 2005; May 5, Ms. Pam Brenner, Peterborough 2005; The Peterborough Town Administrator, 1 Grove Transcript. Street, Peterborough, New Hampshire 03458. May 13, 2005; May 20, Mr. Michael J. McGee, Manager of 2005; The Intelligence. the Townshp of Horsham, 1025 Horsham Road, Horsham, Pennsylvania 19044. April 22, 2005; April 29, Mr. Albert Boyer, Chairman of the 2005; Williamsport Sun Township of McIntyre, Board of Gazette. Supervisors, 12886 Route 14, Roaring Branch, Pennsylvania 17765. May 12; 2005; May 19, Mr. Paul McCulla, Acting Fauquier 2005; The Fauquier CitCounty Administrator, 10 Hotel izen. Street, Suite 204, Warrenton, Virginia 20186. Dated: June 14, 2005. David I. Maurstad, Acting Director, Mitigation Division, Emergency Preparedness and Response Directorate. [FR Doc. 05–12169 Filed 6–20–05; 8:45 am] ACTION: List of Subjects in 44 CFR Part 65 Dates and name of newspaper where notice was published (Catalog of Federal Domestic Assistance No. 83.100, ‘‘Flood Insurance.’’) AGENCY: 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. Effectie date of modification Community number February 15, 2005 ..... 090081 C August 4, 2005 .......... 330101 A August 19, 2005 ........ 420700 E July 29, 2005 ............. 42065 E August 18, 1005 ........ 510055 A 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 E:\FR\FM\21JNR1.SGM 21JNR1

Agencies

[Federal Register Volume 70, Number 118 (Tuesday, June 21, 2005)]
[Rules and Regulations]
[Pages 35539-35540]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-12169]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket No. FEMA-D-7573]


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

[[Page 35540]]

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         Effectie date of modification   Community number
                                                            published
--------------------------------------------------------------------------------------------------------------------------------------------------------
Connecticut: New Haven..........  City of Meriden....  February 22, 2005;   The Honorable Mark        February 15, 2005.............  090081 C
                                                        March 1, 2005;       Benigni, Mayor of the
                                                        Record-Journal.      City of Meriden, 142
                                                                             East Main Street, City
                                                                             Hall, Meriden,
                                                                             Connecticut 06450.
New Hampshire: Hillsborough.....  Town of              April 28, 2005; May  Ms. Pam Brenner,          August 4, 2005................  330101 A
                                   Peterborough.        5, 2005; The         Peterborough Town
                                                        Peterborough         Administrator, 1 Grove
                                                        Transcript.          Street, Peterborough,
                                                                             New Hampshire 03458.
Pennsylvania: Montgomery........  Township of Horsham  May 13, 2005; May    Mr. Michael J. McGee,     August 19, 2005...............  420700 E
                                                        20, 2005; The        Manager of the Townshp
                                                        Intelligence.        of Horsham, 1025
                                                                             Horsham Road, Horsham,
                                                                             Pennsylvania 19044.
Pennsylvania: Lycoming..........  Township of          April 22, 2005;      Mr. Albert Boyer,         July 29, 2005.................  42065 E
                                   McIntyre.            April 29, 2005;      Chairman of the
                                                        Williamsport Sun     Township of McIntyre,
                                                        Gazette.             Board of Supervisors,
                                                                             12886 Route 14, Roaring
                                                                             Branch, Pennsylvania
                                                                             17765.
Virginia: Fauquier..............  Unincorporated       May 12; 2005; May    Mr. Paul McCulla, Acting  August 18, 1005...............  510055 A
                                   Areas.               19, 2005; The        Fauquier County
                                                        Fauquier Citizen.    Administrator, 10 Hotel
                                                                             Street, Suite 204,
                                                                             Warrenton, Virginia
                                                                             20186.
--------------------------------------------------------------------------------------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance.'')

    Dated: June 14, 2005.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and 
Response Directorate.
[FR Doc. 05-12169 Filed 6-20-05; 8:45 am]
BILLING CODE 9110-12-P
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