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Rule

Changes in Flood Elevation Determinations

Document Details

Information about this document as published in the Federal Register.

Published Document

This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

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AGENCY:

Federal Emergency Management Agency (FEMA), Department of Homeland Security, Mitigation Division.

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 Start Printed Page 9738person 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.

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FOR FURTHER INFORMATION CONTACT:

Doug Bellomo, P.E., Hazard Identification Section, FEMA, 500 C Street, SW., Washington, DC 20472, (202) 646-2903.

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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 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 13132, Federalism

This rule involves no policies that have federalism implications under Executive Order 13132.

Executive Order 12988, Civil Justice Reform

This rule meets the applicable standards of Executive Order 12988.

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List of Subjects in 44 CFR Part 65

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

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PART 65—[AMENDED]

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1. The authority citation for part 65 continues to read as follows:

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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.

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[Amended]
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2. The tables published under the authority of § 65.4 are amended as shown below:

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State and countyLocationDates and name of newspaper where notice was publishedChief executive officer of communityEffective date of modificationCommunity number
Georgia: BullochUnincorporated AreasDecember 1, 2005; December 8, 2005; Statesboro HeraldMr. Garrett Nevzils, Chairman of the Bulloch, County Commission, 115 North Main Street, P.O. Box 347, Statesboro, Georgia 30459January 8, 2006130019 B
Georgia: BullochCity of StatesboroDecember 1, 2005; December 8, 2005; Statesboro HeraldThe Honorable William Hatcher, Mayor of the City of Statesboro, City Hall, P.O. Box 348, Statesboro, Georgia 30459-0348March 9, 2006130021 C
Illinois: CookVillage of StreamwoodJune 16, 2005; June 23, 2005; The Daily HeraldMs. Billie D. Roth, President of the Village of Streamwood, Village Hall, 301 East Irving Park Road, Streamwood, Illinois 60107-3096September 22, 2005170166 F
Mississippi: PanolaCity of BatesvilleNovember 23, 2005; November 30, 2005; The PanolianThe Honorable Jerry Autrey, Mayor of the City of Batesville, City Hall, P.O. Box 689, 103 College Street, Batesville, Mississippi 38606March 1, 2006280126 C
Mississippi: HindsCity of ClintonMay 26, 2005; June 2, 2005; The Clinton NewsThe Honorable Rosemary G. Aultman, Mayor of the City of Clinton, P.O. Box 156, Clinton, Mississippi 39060May 16, 2005280071 C
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(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”)

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Dated: February 3, 2006.

David I. Maurstad,

Acting Director, Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security.

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[FR Doc. 06-1772 Filed 2-24-06; 8:45 am]

BILLING CODE 9110-12-P