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Federal Register / Vol. 70, No.

181 / Tuesday, September 20, 2005 / Rules and Regulations 55029

PART 65—[AMENDED] Authority: 42 U.S.C. 4001 et seq.; § 65.4 [Amended]


Reorganization Plan No. 3 of 1978, 3 CFR,
■ 2. The tables published under the
■ 1. The authority citation for part 65 1978 Comp., p. 329; E.O. 12127, 44 FR 19367,
authority of § 65.4 are amended as
continues to read as follows: 3 CFR, 1979 Comp., p. 376.
shown below:

Dates and name of news- Effective date of Community


State and County Location paper where notice was Chief executive officer of community modification No.
published

Connecticut:
Litchfield ....... Town of September 6, 2005, Sep- Ms. Marie Knudsen, Town of Dec. 13, 2005 ............ 090147 B
Harwinton. tember 13, 2005, The Harwinton First Selectman,
Register Citizen. Harwinton Town Hall, 100 Bentley
Drive, Harwinton, Connecticut
06791.
Litchfield ....... Town of Litchfield September 6, 2005, Sep- Mr. Leo Paul, Town of Litchfield First Dec. 13, 2005 ............ 090047 B
tember 13, 2005, The Selectman, Town Offices, 74 West
Register Citizen. Street, P.O. Box 488, Litchfield,
Connecticut 06759.
Litchfield ....... City of Torrington September 6, 2005, Sep- The Honorable Owen J. Quinn, Dec. 13, 2005 ............ 095081 B
tember 13, 2005, The Mayor of the City of Torrington,
Register Citizen. Municipal Building, 140 Main
Street, Torrington, Connecticut
06790.
Pennsylvania:
Chester ......... Township of August 11, 2005, August The Honorable Wesley Vincent, Nov. 17, 2005 ............ 420273 D
Atglen. 18, 2005, Daily Local Mayor of the Borough of Atglen,
News. P.O. Box 250, Atglen, Pennsyl-
vania 19310.
Lancaster ...... Township of August 11, 2005, August Mr. N. Eugene Lammey, Chairman Nov. 17, 2005 ............ 421782 E
Sadsbury. 18, 2005, Parkesburg of the Township of Sadsbury
Post Ledger. Board of Supervisors, 7182 White
Oak Road, Christiana, Pennsyl-
vania 17509.
Chester ......... Township of West August 11, 2005, August Mr. James Landis, Chairman of the Nov. 17, 2005 ............ 422281 D
Sadsbury. 18, 2005, Parkesburg Township of West Sadsbury
Post Ledger. Board of Supervisors, 6400 N.
Moscow Road, Parkesburg, Penn-
sylvania 19365.

(Catalog of Federal Domestic Assistance No. finalized for the communities listed publication. The Mitigation Division
83.100, ‘‘Flood Insurance’’) below. These modified elevations will Director of the Emergency Preparedness
Dated: September 14, 2005. be used to calculate flood insurance and Response Directorate has resolved
David I. Maurstad, premium rates for new buildings and any appeals resulting from this
Acting Director, Mitigation Division, their contents. notification.
Emergency Preparedness and Response DATES: The effective dates for these The modified BFEs are not listed for
Directorate. modified BFEs are indicated on the each community in this notice.
[FR Doc. 05–18729 Filed 9–19–05; 8:45 am] following table and revise the Flood However, this rule includes the address
BILLING CODE 9110–12–P Insurance Rate Map(s) (FIRMs) in effect of the Chief Executive Officer of the
for each listed community prior to this community where the modified base
date. flood elevation determinations are
DEPARTMENT OF HOMELAND ADDRESSES: The modified BFEs for each available for inspection.
SECURITY community are available for inspection The modifications are made pursuant
at the office of the Chief Executive to Section 206 of the Flood Disaster
Federal Emergency Management Officer of each community. The Protection Act of 1973, 42 U.S.C. 4105,
Agency respective addresses are listed in the and are in accordance with the National
table below. Flood Insurance Act of 1968, 42 U.S.C.
44 CFR Part 65 FOR FURTHER INFORMATION CONTACT: 4001 et seq., and with 44 CFR Part 65.
Doug Bellomo, P.E., Hazard For rating purposes, the currently
Changes in Flood Elevation
Identification Section, Emergency effective community number is shown
Determinations
Preparedness and Response Directorate, and must be used for all new policies
AGENCY: Federal Emergency FEMA, 500 C Street SW., Washington, and renewals.
Management Agency (FEMA), DC 20472, (202) 646–2903. The modified BFEs are the basis for
Emergency Preparedness and Response SUPPLEMENTARY INFORMATION: FEMA the floodplain management measures
Directorate, Department of Homeland makes the final determinations listed that the community is required to either
Security. below of modified BFEs for each adopt or to show evidence of being
ACTION: Final rule. community listed. These modified already in effect in order to qualify or
elevations have been published in to remain qualified for participation in
SUMMARY: Modified Base (1% annual newspapers of local circulation and the National Flood Insurance Program
chance) Flood Elevations (BFEs) are ninety (90) days have elapsed since that (NFIP).

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55030 Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Rules and Regulations

These modified elevations, together Environmental Consideration. No Executive Order 12778, Civil Justice
with the floodplain management criteria environmental impact assessment has Reform. This rule meets the applicable
required by 44 CFR 60.3, are the been prepared. standards of Section 2(b)(2) of Executive
minimum that are required. They Regulatory Flexibility Act. The Order 12778.
should not be construed to mean that Mitigation Division Director of the
Emergency Preparedness and Response List of Subjects in 44 CFR Part 65
the community must change any
existing ordinances that are more Directorate certifies that this rule is Flood insurance, Floodplains,
stringent in their floodplain exempt from the requirements of the Reporting and recordkeeping
management requirements. The Regulatory Flexibility Act because requirements.
community may at any time enact modified BFEs are required by the Flood
stricter requirements of its own, or Disaster Protection Act of 1973, 42 ■Accordingly, 44 CFR part 65 is
pursuant to policies established by other U.S.C. 4105, and are required to amended to read as follows:
Federal, state or regional entities. maintain community eligibility in the
These modified elevations are used to NFIP. No regulatory flexibility analysis PART 65—[AMENDED]
meet the floodplain management has been prepared.
requirements of the NFIP and are also Regulatory Classification. This final ■ 1. The authority citation for Part 65
used to calculate the appropriate flood rule is not a significant regulatory action continues to read as follows:
insurance premium rates for new under the criteria of Section 3(f) of Authority: 42 U.S.C. 4001 et seq.;
buildings built after these elevations are Executive Order 12866 of September 30, Reorganization Plan No. 3 of 1978, 3 CFR,
made final, and for the contents in these 1993, Regulatory Planning and Review, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367,
buildings. 58 FR 51735. 3 CFR, 1979 Comp., p. 376.
The changes in BFEs are in Executive Order 12612, Federalism. § 65.4 [Amended]
accordance with 44 CFR 65.4. This rule involves no policies that have
National Environmental Policy Act. federalism implications under Executive ■ 2. The tables published under the
This rule is categorically excluded from Order 12612, Federalism, dated October authority of § 65.4 are amended as
the requirements of 44 CFR Part 10, 26, 1987. follows:

Dates and name of news- Effective date of Community


State and county Location paper where notice was Chief executive officer of community modification number
published

Alabama:
Jefferson City of Homewood March 21, 2005; March The Honorable Barry R. McCulley, April 14, 2005 ............ 015006 E
(FEMA 28, 2005; The Bir- Mayor of the City of Homewood,
Docket No. mingham News. 1903 29th Avenue South,
D–7571). Homewood, Alabama 35209.
Colbert City of Muscle March 25, 2005; April 1, The Honorable David H. Bradford, April 18, 2005 ............ 010047 C
(FEMA Shoals. 2005; Times Daily. Mayor of the City of Muscle
Docket No. Shoals, P.O. Box 2624, Muscle
D–7571). Shoals, Alabama 35662.
Connecticut: New City of Meriden .... February 22, 2005; The Honorable Mark Benigni, Mayor February 15, 2005 ..... 090081 C
Haven (FEMA March 1, 2005; of the City of Meriden, 1242 East
Docket No. D– Record-Journal. Main Street, City Hall, Meriden,
7573). Connecticut 06450.
Florida:
Duval (FEMA City of Jackson- March 24, 2005; March The Honorable John Peyton, Mayor June 30, 2005 ........... 120077 E
Docket No. ville. 31, 2005; The Florida of the City of Jacksonville, 117
D–7571). Times-Union. West Duval Street, Suite 400,
Jacksonville, Florida 32202.
Duval (FEMA City of Jackson- April 6, 2005; April 13, The Honorable John Peyton, Mayor April 29, 2005 ............ 120077 E
Docket No. ville. 2005; The Florida of the City of Jacksonville, 4th
D–7571). Times-Union. Floor, City Hall at St. James, 117
West Duval Street, Suite 400,
Jacksonville, Florida 32202.
Georiga: DeKalb City of Decatur .... March 24, 2005; March The Honorable Bill Floyd, Mayor of March 18, 2005 ......... 135159 H
(FEMA Docket 31, 2005; The Cham- the City of Decatur, P.O. Box 220,
No. D–7571). pion. Decatur, Georgia 30031.
Pennsylvania:
Northampton City of Bethlehem April 8, 2005; April 15, The Honorable John B. Callahan, July 15, 2005 ............. 420718 D
(FEMA 2005; The Morning Call. Mayor of the City of Bethlehem,
Docket No. 10 East Church Street, Beth-
D–7571). lehem, Pennsylvania 18018.
Lycoming Township of McIn- April 22, 2005; April 29, Mr. Albert Boyer, Chairman of the July 29, 2005 ............. 420645 E
(FEMA tyre. 2005; Williamsport Sun Township of McIntyre Board of
Docket No. Gazette. Supervisors, 12886 Route 14,
D–7573). Roaring Branch, Pennsylvania
17765.
Adams Township of Ox- March 10, 2005; March Mr. Donald F. Poist, Supervisor of June 16, 2005 ........... 420003 B
(FEMA ford. 17, 2005; The Gettys- the Township of Oxford, Municipal
Docket No. burg Times and The Building, P.O. Box 86, New Ox-
D–7569). Hanover Evening Sun. ford, Pennsylvania 17350.

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Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Rules and Regulations 55031

Dates and name of news- Effective date of Community


State and county Location paper where notice was Chief executive officer of community modification number
published

Bucks (FEMA Township of April 8, 2005; April 15, Mr. Chester S. Pogonowski, Chair- July 15, 2005 ............. 421045 F
Docket No. Wrightstown. 2005; Bucks County man of the Township of
D–7571). Courtier Times. Wrightstown Board of Supervisors,
738 Penns Park Road,
Wrightstown, Pennsylvania 18940.
West Virginia: Wy- Unincorporated February 16, 2005; Feb- Mr. Herman R. Davis, President of May 25, 2005 ............ 540217 B
oming (FEMA Areas. ruary 23, 2005; The the Wyoming County Commission,
Docket No. D– Independent Herald. P.O. Box 309, Pineville, West Vir-
7569). ginia 24874–0309.

(Catalog of Federal Domestic Assistance No. Identification Section, Emergency Executive Order 12866 of September 30,
83.100, ‘‘Flood Insurance’’) Preparedness and Response Directorate, 1993, Regulatory Planning and Review,
Dated: September 14, 2005. FEMA, 500 C Street, SW., Washington, 58 FR 51735.
David I. Maurstad, DC 20472, (202) 646–2903. Executive Order 12612, Federalism.
Acting Director, Mitigation Division, SUPPLEMENTARY INFORMATION: FEMA This rule involves no policies that have
Emergency Preparedness and Response makes the final determinations listed federalism implications under Executive
Directorate. below for the modified BFEs for each Order 12612, Federalism, dated October
[FR Doc. 05–18734 Filed 9–19–05; 8:45 am] community listed. These modified 26, 1987.
BILLING CODE 9110–12–U elevations have been published in Executive Order 12778, Civil Justice
newspapers of local circulation and Reform. This rule meets the applicable
ninety (90) days have elapsed since that standards of Section 2(b)(2) of Executive
DEPARTMENT OF HOMELAND publication. The Mitigation Division Order 12778.
SECURITY Director of the Emergency Preparedness List of Subjects in 44 CFR Part 67
Federal Emergency Management and Response Directorate, has resolved
Administrative practice and
Agency any appeals resulting from this
procedure, flood insurance, reporting
notification.
and recordkeeping requirements.
44 CFR Part 67 This final rule is issued in accordance
with Section 110 of the Flood Disaster ■ Accordingly, 44 CFR part 67 is
Final Flood Elevation Determinations Protection Act of 1973, 42 U.S.C. 4104, amended as follows:
and 44 CFR part 67.
AGENCY: Federal Emergency The Agency has developed criteria for PART 67—[AMENDED]
Management Agency (FEMA), floodplain management in floodprone ■ 1. The authority citation for part 67
Emergency Preparedness and Response areas in accordance with 44 CFR part continues to read as follows:
Directorate, Department of Homeland 60.
Security. Authority: 42 U.S.C. 4001 et seq.;
Interested lessees and owners of real Reorganization Plan No. 3 of 1978, 3 CFR,
ACTION: Final rule. property are encouraged to review the 1978 Comp., p. 329; E.O. 12127, 44 FR 19367,
SUMMARY: Base (1% annual chance)
proof Flood Insurance Study and FIRM 3 CFR, 1979 Comp., p. 376.
Flood Elevations (BFEs) and modified available at the address cited below for
each community. § 67.11 [Amended]
BFEs are made final for the
The BFEs and modified BFEs are ■ 2. The tables published under the
communities listed below. The BFEs
made final in the communities listed authority of § 67.11 are amended as
and modified BFEs are the basis for the
below. Elevations at selected locations follows:
floodplain management measures that
each community is required either to in each community are shown.
National Environmental Policy Act. # Depth in
adopt or to show evidence of being feet above
already in effect in order to qualify or This rule is categorically excluded from ground.
the requirements of 44 CFR part 10, * Elevation
remain qualified for participation in the Source of flooding and location in feet
National Flood Insurance Program Environmental Consideration. No (NGVD)
environmental impact assessment has • Elevation
(NFIP). in feet
been prepared. (NAVD)
DATES: The date of issuance of the Flood Regulatory Flexibility Act. The
Insurance Rate Map (FIRM) showing Mitigation Division Director of the NORTH CAROLINA
BFEs and modified BFEs for each Emergency Preparedness and Response
community. This date may be obtained Duplin County (FEMA Docket
Directorate certifies that this rule is Nos. D–7620 and D–7628)
by contacting the office where the maps exempt from the requirements of the Angola Creek:
are available for inspection as indicated Regulatory Flexibility Act because final At the confluence with Cy-
on the table below. or modified BFEs are required by the press Creek ....................... •49
ADDRESSES: The final BFEs for each Approximately 0.3 mile up-
Flood Disaster Protection Act of 1973, stream of Lightwood
community are available for inspection 42 U.S.C. 4104, and are required to Bridge Road ...................... •51
at the office of the Chief Executive establish and maintain community Duplin County (Unincor-
Officer of each community. The eligibility in the NFIP. No regulatory porated Areas)
respective addresses are listed in the flexibility analysis has been prepared. Back Swamp:
table below. At the confluence with Cy-
Regulatory Classification. This final press Creek ....................... •52
FOR FURTHER INFORMATION CONTACT: rule is not a significant regulatory action At the Duplin/Onslow County
Doug Bellomo, P.E., Hazard under the criteria of section 3(f) of boundary ............................ •58

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