05-17626. Changes in Flood Elevation Determinations

AGENCY:

Federal Emergency Management Agency (FEMA), Emergency Preparedness and Response Directorate, Department of Homeland Security.

ACTION:

Final rule.

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.

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, [phone].

SUPPLEMENTARY 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.

§ 65.4

[Amended]

2. The tables published under the authority of § 65.4 are amended as follows:

State and county	Location	Dates and name of newspaper where notice was published	Chief executive officer of community	Effective date of modification	Community No.
Florida:
Charlotte (FEMA Docket No. D-7569)	Unincorporated Areas	January 27, 2005; February 3, 2005; Sun Herald	Mr. Bruce A. Loucks, Charlotte County Administrator, Charlotte County Administration Building, 18500 Murdock Circle, Port Charlotte, Florida 33948	January 20, 2005	120061 F
Sarasota (FEMA Docket No. D-7567)	City of Sarasota	January 14, 2005; January 21, 2005; Sarasota Herald-Tribune	Mr. Michael A. McNees, Sarasota City Manager, 1565 First Street, Room 101, Sarasota, Florida 34236	January 7, 2005;	125150 B
Georgia: Richmond (FEMA Docket No. D-7569)	City of Augusta	February 10, 2005; February 17, 2005; The Augusta Chronicle	The Honorable Robert Young, Mayor of the City of Augusta, City-County Building, 530 Greene Street, Augusta, Georgia 30911	May 19, 2005	130159
Massachusetts:
Barnstable (FEMA Docket No. D-7569)	Town of Chatham	February 3, 2005; February 10, 2005; Cape Cod Times	Mr. William G. Hinchey, Chatham Town Manager, 549 Main Street, Chatham, Massachusetts 02633	January 27, 2005	250004 D
Norfolk (FEMA Docket No. D-7567)	Town of Foxborough	January 19, 2005; January 26, 2005; Foxboro Report	Mr. Robert Hickey, Chairman of the Town of Foxborough, Board of Selectmen, 40 South Street, Foxborough, Massachusetts 02035	January 12, 2005	250239 B
Minnesota: Hennepin (FEMA Docket No. D-7569)	City of Minneapolis	January 21, 2005; January 28, 2005; Star-Tribune	The Honorable R. T. Ryback, Mayor of the City of Minneapolis, Minneapolis City Hall, 350 South Fifth Street, Room 331, Minneapolis, Minnesota 55415	January 11, 2005	270172 E
North Carolina: Haywood (FEMA Docket No. D-7567)	Unincorporated Areas	January 10, 2005; January 17, 2005; The Mountaineer	Mr. Jack Horton, Haywood County Manager, 215 North Main Street, Waynesville, North Carolina 28786	April 18, 2005	370120 B
South Carolina:
Berkeley (FEMA Docket No. D-7569)	Unincorporated Areas	February 3, 2005; February 10, 2005; The Post and Courier	Mr. Jim Rozier, Chairman of the Berkeley, County Council, 223 North Live Oak Drive, Moncks Corner, South Carolina 29461	May 12, 2005	450029 D
Berkeley (FEMA Docket No. D-7569)	City of Goose Creek	February 3, 2005; February 10, 2005; The Post and Courier	The Honorable Michael J. Heitzler, Mayor of the City of Goose Creek, 519 North Goose Creek Boulevard, Goose Creek, South Carolina 29445	May 12, 2005	450206 D
Richland (FEMA Docket No. D-7569)	Unincorporated Areas	December 9, 2004; December 16, 2004; The State	Mr. T. Cary McSwain, Richland County Administrator, 2020 Hampton Street, Room 4058, P.O. Box 192, Columbia, South Carolina 29202	March 16, 2005	450170 G
Virginia: Fairfax (FEMA Docket No. D-7571)	Unincorporated Areas	March 14, 2005; March 21, 2005; The Washington Times	Mr. Anthony H. Griffin, Fairfax County Executive, 12000 Government Center Parkway, Suite 552, Fairfax, Virginia 22035-0050	April 4, 2005	515525 D
West Virginia: Mingo (FEMA Docket No. D-7569)	Unincorporated Areas	February 28, 2005; March 7, 2005; The Williamson Daily News	Mr. Jim Hatfield, President of the Mingo Board of Commissioners, P.O. Box 1197, Williamson, West Virginia 25661	November 16, 2004	540133 C

(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.