Changes in Flood Elevation Determinations
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: February 27, 2006 (Volume 71, Number 38)]
[Rules and Regulations]
[Page 9736-9737]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27fe06-12]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 65
[Docket No. FEMA-P-7650]
Changes in Flood Elevation Determinations
AGENCY: Federal Emergency Management Agency (FEMA), Department of
Homeland Security.
ACTION: Interim rule.
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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 below and revise the Flood Insurance Rate Map(s) in effect
prior to this determination for the listed communities.
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 Mitigation Division
Director reconsider the changes. The modified BFEs 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
[[Page 9737]]
Officer of each community. The respective addresses are listed in the
table below.
FOR FURTHER INFORMATION CONTACT: Doug Bellomo, P.E., Hazard
Identification Section, Federal Emergency Management Agency, 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 on knowledge of
changed conditions or 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 BFEs, 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 base flood elevations 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.
List of Subjects in 44 CFR Part 65
Flood insurance, Floodplains, Reporting and record keeping
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.
Sec. 65.4 [Amended]
? 2. The tables published under the authority of Sec. 65.4 are amended
as follows:
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Dates and name of
State and county Location newspaper where Chief executive officer Effective date of modification Community
notice was published of community number
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Michigan: Lapeer; Case No.: 04-05- City of Lapeer...... January 4, 2006; The Honorable Chuck January 19, 2006.............. 260112
2877P. January 11, 2006; Treece, Mayor, City of
The County Press. Lapeer, 576 Liberty
Park, Lapeer, Michigan
48446.
Michigan: Lapeer; Case No.: 04-05- Township of Lapeer.. January 4, 2006; Mr. Scott A. Jarvis, January 19, 2006.............. 260435
2877P. January 11, 2006; Supervisor, Township of
The County Press. Lapeer, 1500 Morris
Road, Lapeer, Michigan
48446-9420.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood Insurance.'')
Dated: February 2, 2006.
David I. Maurstad,
Acting Director, Mitigation Division, Federal Emergency Management
Agency, Department of Homeland Security.
[FR Doc. 06-1773 Filed 2-24-06; 8:45 am]
BILLING CODE 9110-12-P
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