[Federal Register Volume 70, Number 135 (Friday, July 15, 2005)]
[Rules and Regulations]
[Pages 40909-40913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13931]



[[Page 40909]]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65


Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, Emergency Preparedness and 
Response Directorate, Department of Homeland Security.

ACTION: Final rule.

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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 
table below and revise the Flood Insurance Rate Maps (FIRMs) in effect 
for the listed communities 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, Federal Emergency Management Agency, 500 C Street, SW., 
Washington, DC 20472, (202) 646-2903.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency 
makes the final determinations listed below for the 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 BFE 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 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.
    These modified BFEs 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 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 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.

0
Accordingly, 44 CFR part 65 is amended to read as follows:

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 follows:

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                                                                  Dates and names of
          State and county                    Location          newspaper where notice   Chief executive officer of     Effective date of     Community
                                                                    was published                community                modification           No.
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Illinois:
    Kane (Case No. 04-05-2895P)       City of Aurora.........  November 10, 2004,       The Honorable David L.       February 16, 2005.....       170320
     (FEMA Docket No. P-7642).                                  November 17, 2004,       Stover, Mayor, City of
                                                                Kane County Chronicle.   Aurora, 44 East Downer
                                                                                         Place, Aurora, IL 60507.

[[Page 40910]]

 
    Will (Case No. 04-05-3544P)       Village of Bolingbrook.  January 28, 2005,        The Honorable Roger C.       January 13, 2005......       170812
     (FEMA Docket No. P-7642).                                  February 4, 2005, The    Claar, Mayor, Village of
                                                                Bolingbrook Sun.         Bolingbrook, 375 West
                                                                                         Briarcliff Road,
                                                                                         Bolingbrook, IL 60440.
    Cook (Case No. 03-05-3975P)       Unincorporated Areas...  December 2, 2004,        The Honorable John Stroger,  March 10, 2005........       170054
     (FEMA Docket No. P-7642).                                  December 9, 2004, The    Jr., President, Cook
                                                                Chicago Tribune.         County Board of
                                                                                         Commissioners, 118 N.
                                                                                         Clark Street, Room 537,
                                                                                         Chicago, IL 60602.
    Will (Case No. 04-05-4065P)       City of Joliet.........  February 3, 2005,        The Honorable Arthur         January 13, 2005......       170702
     (FEMA Docket No. P-7642).                                  February 10, 2005,       Schultz, Mayor, City of
                                                                Farmers Weekly Review.   Joliet, 150 West Jefferson
                                                                                         Street, Joliet, IL 60432.
    Winnebago (Case No. 04-05-2896P)  City of Love's Park....  January 24, 2005,        The Honorable Darryl F.      January 14, 2005......       170722
     (FEMA Docket No. P-7642).                                  January 31, 2005, The    Lindberg, Mayor, City of
                                                                Rockford Register Star.  Loves Park, 100 Heart
                                                                                         Boulevard, Loves Park, IL
                                                                                         61111.
    Will (Case No. 04-05-3549P)       Village of Mokena......  December 2, 2004,        The Honorable Robert         March 10, 2005........       170705
     (FEMA Docket No. P-7642).                                  December 9, 2004, The    Chiszar, Mayor, Village of
                                                                Lincoln-Way Sun.         Mokena, 11004 Carpenter
                                                                                         Street, Mokena, IL 60448.
    Cook (Case No. 03-05-3975P)       Village of Orland Park.  December 2, 2004,        The Honorable Dan            March 10, 2005........       170140
     (FEMA Docket No. P-7642).                                  December 9, 2004, The    McLaughlin, Mayor, City of
                                                                Orland Township          Orland Park, 14700 South
                                                                Messenger.               Ravinia Avenue, Orland
                                                                                         Park, IL 60462.
    Cook (Case No. 03-05-3975P)       Village of Tinley Park.  December 2, 2004,        The Honorable Edward         March 10, 2005........       170169
     (FEMA Docket No. P-7642).                                  December 9, 2004, The    Zabrocki, Mayor, Village
                                                                Star.                    of Tinley Park, 16250 S.
                                                                                         Oak Park Avenue, Tinley
                                                                                         Park, IL 60477.
    Will (Case No. 04-05-3560P)       Unincorporated Areas...  January 5, 2005,         The Honorable Lawrence       December 13, 2004.....       170695
     (FEMA Docket No. P-7642).                                  January 12, 2005, The    Walsh, Will County
                                                                Herald News.             Executive, Will County
                                                                                         Office Building, 302 North
                                                                                         Chicago Street, Joliet, IL
                                                                                         60432.
    Winnebago (Case No. 04-05-2876    Unincorporated Areas...  January 24, 2005,        Mr. Scott Christiansen,      January 14, 2005......       170720
     (FEMA Docket No. P-7642).                                  January 31, 2005, The    Chairman, Winnebago County
                                                                Rockford Register Star.  Board, 404 Elm Street,
                                                                                         Rockford, IL 61101.
Michigan:
    Macomb (Case No. 04-05-2345P)     Township of Shelby.....  January 24, 2005,        Mr. Ralph L. Maccarone,      January 11, 2005......       260126
     (FEMA Docket No. P-7642).                                  January 31, 2005, The    Township Supervisor,
                                                                Macomb Daily.            Township of Shelby, 52700
                                                                                         Van Dyke Avenue, Shelby
                                                                                         Township, MI 48316.
    Macomb (Case No. 04-05-2879P)     City of Sterling         January 12, 2005,        The Honorable Richard J.     December 21, 2004.....       260128
     (FEMA Docket No. P-7642).         Heights.                 January 19, 2005,        Nottle, Mayor, City of
                                                                Sterling Heights         Sterling Heights, 40555
                                                                Sentry.                  Utica Road, Sterling
                                                                                         Heights, MI 48311.

[[Page 40911]]

 
Minnesota: Dakota (Case No. 04-05-    City of Burnsville.....  December 2, 2004,        The Honorable Elizabeth      March 10, 2005........       270102
 2882P) (FEMA Docket No. P-7642).                               December 9, 2004,        Kautz, Mayor, City of
                                                                Dakota County Tribune.   Burnsville, 100 Civic
                                                                                         Center Parkway,
                                                                                         Burnsville, MN 55337.
Missouri:
    Clay (Case No. 04-07-531P) (FEMA  Village of Claycomo....  December 15, 2004,       The Honorable Lois           March 23, 2005........       290089
     Docket No. P-7642).                                        December 22, 2004,       Anderson, Village
                                                                Dispatch Tribune.        Administrator and
                                                                                         Floodplain Administrator,
                                                                                         Village of Claycomo, 115
                                                                                         East Highway 69, Claycomo,
                                                                                         MO 64119.
    St. Charles (Case No. 03-07-      City of O'Fallon.......  December 29, 2004,       The Honorable Paul F.        April 6, 2005.........       290316
     886P) (FEMA Docket No. P-7462).                            January 5, 2005, The     Renaud, Mayor, City of
                                                                O'Fallon Journal.        O'Fallon, O'Fallon
                                                                                         Municipal Centre, 100
                                                                                         North Main Street,
                                                                                         O'Fallon, MO 63366.
New Mexico: Bernalillo (Case No. 04-  City of Albuquerque....  January 21, 2005,        The Honorable Martin         January 12, 2005......       350002
 06-1904P) (FEMA Docket No. P-7642).                            January 28, 2005, The    Chavez, Mayor, City of
                                                                Albuquerque Journal.     Albuquerque, City/County
                                                                                         Building, 11th Floor, One
                                                                                         Civic Plaza NW,
                                                                                         Albuquerque, NM 87103.
Ohio: Shelby (Case No. 04-05-3548P)   Unincorporated Areas...  December 22, 2004,       The Honorable John D.        March 30, 2005........       390503
 (FEMA Docket No. P-7642).                                      December 29, 2004, The   Schmitt, Shelby County
                                                                Sidney Daily News.       Judge, Shelby County
                                                                                         Courthouse, P.O. Box 947,
                                                                                         Sidney, OH 45365.
Oklahoma:
    Tulsa (Case No. 03-06-1547P)      City of Owasso.........  December 9, 2004,        The Honorable Susan          November 23, 2004.....       400210
     (FEMA Docket No. P-7642).                                  December 16, 2004,       Kimball, Mayor, City of
                                                                Owasso Reporter.         Owasso, P.O. Box 180,
                                                                                         Owasso, OK 74055.
    Tulsa (Case No. 03-06-1547P)      Unincorporated Areas...  December 9, 2004,        The Hon. Wilbert E.          November 23, 2004.....       400462
     (FEMA Docket No. P-7642).                                  December 16, 2004,       Collins, Sr., Chairman,
                                                                Tulsa World.             Tulsa County, Board of
                                                                                         Commissioners, 500 South
                                                                                         Denver, Tulsa, OK 74103.
Texas:
    Parker (Case No. 04-06-1202P)     City of Aledo..........  December 13, 2004,       The Honorable Susan          March 21, 2005........       481659
     (FEMA Docket No. P-7642).                                  December 20, 2004, The   Langley, Mayor, City of
                                                                Weatherford Democrat.    Aledo, 100 Sanchez Trail,
                                                                                         Aledo, TX 76008.
    Travis (Case No. 03-06-2670P)     City of Austin.........  December 15, 2004,       The Honorable Will Wynn,     March 23, 2005........       480624
     (FEMA Docket No. P-7642).                                  December 22, 2004,       Mayor, City of Austin,
                                                                Austin American          P.O. Box 1088, Austin, TX
                                                                Statesman.               78767.
    Hays (Case No. 04-06-1001P)       City of Buda...........  January 6, 2005,         The Honorable John Trube,    April 14, 2005........       481640
     (FEMA Docket No. P-7642).                                  January 13, 2005, The    Mayor, City of Buda, P.O.
                                                                Free Press.              Box 1218, Buda, TX 78610.
    Denton (Case No. 04-06-1463P)     City of Corinth........  January 18, 2005,        The Honorable Vic Burgess,   April 26, 2005........       481143
     (FEMA Docket No. P-7642).                                  January 25, 2005,        Mayor, City of Corinth,
                                                                Denton Record            3300 Corinth Parkway,
                                                                Chronicle.               Corinth, TX 76208.

[[Page 40912]]

 
    Tarrant (Case No. 04-06-1204P)    City of Crowley........  December 13, 2004,       The Honorable Billy Davis,   March 21, 2005........       480591
     (FEMA Docket No. P-7642).                                  December 20, 2004, The   Mayor, City of Crowley,
                                                                Star Telegram.           120 North Hampton Road,
                                                                                         Crowley, TX 76036.
    Denton (Case No. 03-06-2687P)     City of The Colony.....  January 26, 2005,        The Honorable John Dillard,  February 14, 2005.....       481581
     (FEMA Docket No. P-7642).                                  February 2, 2005, The    Mayor, City of The Colony,
                                                                Colony Courier Leader.   City Hall 6800 Main
                                                                                         Street, The Colony, TX
                                                                                         75056.
    Dallas (Case No. 04-06-867P)      City of Dallas.........  December 22, 2004,       The Honorable Laura Miller,  March 30, 2005........       480171
     (FEMA Docket No. P-7642).                                  December 29, 2004,       Mayor, City of Dallas,
                                                                Dallas Morning News.     Dallas City Hall, 1500
                                                                                         Marilla Street, Room 5EN,
                                                                                         Dallas, TX 75201-6390.
    Fort Bend (Case No. 04-06-2152P)  Unincorporated Areas...  January 26, 2005,        The Honorable Robert E.      January 14, 2005......       480228
     (FEMA Docket No. P-7642).                                  February 2, 2005, Fort   Hebert, Judge, Fort Bend
                                                                Bend Star.               County, 301 Jackson
                                                                                         Street, Suite 719,
                                                                                         Richmond, TX 77469.
    Tarrant (Case No. 04-06-1204P)    City of Fort Worth.....  December 13, 2004,       The Honorable Michael        March 21, 2005........       480596
     (FEMA Docket No. P-7642).                                  December 20, 2004, The   Moncrief, Mayor, City of
                                                                Star Telegram.           Fort Worth, 1000
                                                                                         Throckmorton Street, Fort
                                                                                         Worth, TX 76102.
    Hays (Case No. 04-06-1001P)       Unincorporated Areas...  January 6, 2005,         The Honorable Jim Powers,    April 14, 2005........       480321
     (FEMA Docket No. P-7642).                                  January 13, 2005, The    Judge, Hays County, 111 E.
                                                                Free Press.              San Antonio Street, Suite
                                                                                         300, San Marcos, TX 78666.
    Tarrant (Case No. 03-05-1850P)    City of Hurst..........  October 1, 2004,         The Honorable Richard Ward,  October 7, 2004.......       480601
     (FEMA Docket No. P-7640).                                  October 8, 2004, The     Mayor, City of Hurst, 1505
                                                                Star Telegram.           Precinct Line Road, Hurst,
                                                                                         TX 76054.
    Fort Bend Harris and Waller       City of Katy...........  January 26, 2005,        The Honorable Doyle          January 14, 2005......       480301
     (Case No. 04-06-2152P) (FEMA                               February 2, 2005, The    Callender, Mayor, City of
     Docket No. P-7642).                                        Katy Times.              Katy, 910 Avenue C, Katy,
                                                                                         TX 77493.
    Parker (Case No. 04-06-1202P)     Unincorporated Areas...  December 13, 2004,       The Honorable Mark Riley,    March 21, 2005........       480520
     (FEMA Docket No. P-7642).                                  December 20, 2004, The   Judge, Parker County, 1
                                                                Weatherford Democrat.    Courthouse Square,
                                                                                         Weatherford, TX 76086.
    Waller (Case No. 04-06-2152P)     Unincorporated Areas...  January 27, 2005,        The Honorable Owen Ralston,  January 14, 2005......       480460
     (FEMA Docket No. P-7642).                                  February 3, 2005,        Judge, Waller County, 836
                                                                Waller County News       Austin Street, Room 203,
                                                                Citizen.                 Hempstead, TX 77445.
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[[Page 40913]]

(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance.'')

    Dated: July 7, 2005.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and 
Response Directorate.
[FR Doc. 05-13931 Filed 7-14-05; 8:45 am]
BILLING CODE 9110-12-P