Flood elevation determinations: Various States,
[Federal Register: September 20, 2005 (Volume 70, Number 181)]
[Rules and Regulations]
[Page 55028-55029]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20se05-3]
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
[Docket No. FEMA-D-7579]
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:
[[Page 55029]]
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
Connecticut:
Litchfield................... Town of Harwinton.. September 6, 2005, Ms. Marie Knudsen, Town Dec. 13, 2005................. 090147 B September 13,
of Harwinton First 2005, The Register Selectman, Harwinton Citizen.
Town Hall, 100 Bentley Drive, Harwinton, Connecticut 06791.
Litchfield................... Town of Litchfield. September 6, 2005, Mr. Leo Paul, Town of Dec. 13, 2005................. 090047 B September 13,
Litchfield First 2005, The Register Selectman, Town Citizen.
Offices, 74 West Street, P.O. Box 488, Litchfield, Connecticut 06759.
Litchfield................... City of Torrington. September 6, 2005, The Honorable Owen J. Dec. 13, 2005................. 095081 B September 13,
Quinn, Mayor of the 2005, The Register City of Torrington, Citizen.
Municipal Building, 140 Main Street, Torrington, Connecticut 06790. Pennsylvania:
Chester...................... Township of Atglen. August 11, 2005, The Honorable Wesley Nov. 17, 2005................. 420273 D August 18, 2005, Vincent, Mayor of the Daily Local News. Borough of Atglen, P.O. Box 250, Atglen, Pennsylvania 19310.
Lancaster.................... Township of
August 11, 2005, Mr. N. Eugene Lammey, Nov. 17, 2005................. 421782 E Sadsbury.
August 18, 2005, Chairman of the Parkesburg Post Township of Sadsbury Ledger.
Board of Supervisors, 7182 White Oak Road, Christiana, Pennsylvania 17509.
Chester...................... Township of West August 11, 2005, Mr. James Landis,
Nov. 17, 2005................. 422281 D Sadsbury.
August 18, 2005, Chairman of the Parkesburg Post Township of West Ledger.
Sadsbury Board of Supervisors, 6400 N. Moscow Road, Parkesburg, Pennsylvania 19365.
(Catalog of Federal Domestic Assistance No. 83.100, ``Flood Insurance'')
Dated: September 14, 2005. David I. Maurstad, Acting Director, Mitigation Division, Emergency Preparedness and Response Directorate.
[FR Doc. 05-18729 Filed 9-19-05; 8:45 am]
BILLING CODE 9110-12-P
