[Federal Register Volume 71, Number 30 (Tuesday, February 14, 2006)]
[Rules and Regulations]
[Pages 7690-7692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1342]


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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 (FEMA), 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.

EFFECTIVE 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, 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 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 
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 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 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     Chief executive officer   Effective date of modification  Community  No.
                                                         notice was published        of  community
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Arkansas: Lonoke, Case No. 04-06-  City of Cabot.......  July 20, 2005, July   The Hon. Mickey            October 25, 2005..............          050309
 2140P, FEMA Docket No. P-7646.                           27, 2005, Cabot       Staumbaugh, Mayor, City
                                                          Star-Herald.          of Cabot, Post Office
                                                                                Box 1113, Cabot,
                                                                                Arkansas 72076.
Illinois:
    Will, Case No. 04-05-4087-P,   City of Lockport....  July 6, 2005, July    The Honorable Tim Murphy,  June 21, 2005.................          170703
     FEMA Docket No. P-7646.                              13, 2005, The         Mayor, City of Lockport,
                                                          Herald News.          222 East 9th Street,
                                                                                Lockport, Illinois 60441.

[[Page 7691]]

 
    Cook, Case No. 04-05-2894P,    Village of Orland     June 23, 2005, June   The Hon. Daniel            September 29, 2005............          170140
     (FEMA Docket No. P-7646).      Park.                 30, 2005, The         McLaughlin, Mayor,
                                                          Orland Park Star.     Village of Orland Park,
                                                                                14700 Ravinia Avenue,
                                                                                Orland Park, Illinois
                                                                                60462.
    Cook, Case No. 04-05-2894P,    Village of Tinley     June 23, 2005, June   The Hon. Edward J.         September 29, 2005............          170169
     FEMA Docket No. P-7646.        Park.                 30, 2005, The         Zabrocki, Mayor, Village
                                                          Tinley Park Star.     of Tinley Park, 16250
                                                                                South Oak Park Avenue,
                                                                                Tinley Park, Illinois
                                                                                60477.
Kansas: Sedgwick, Case No. 04-07-  City of Wichita.....  June 23, 2005, June   The Honorable Carlos       September 29, 2005............          200328
 526P, FEMA Docket No. P-7646.                            30, 2005, The         Mayans, Mayor, City of
                                                          Wichita Eagle.        Wichita, 455 North Main,
                                                                                1st Floor, Wichita,
                                                                                Kansas 67202.
Minnesota:
    Anoka, Case No. 04-05-3553P,   City of Andover.....  May 13, 2005, May     The Honorable Mike         August 19, 2005...............          270689
     FEMA Docket No. P-7644.                              20, 2005, Anoka       Gamache, Mayor, City of
                                                          County Union.         Andover, 1685 Crosstown
                                                                                Boulevard, NW., Andover,
                                                                                Minnesota 55304.
    Anoka, Case No. 04-05-3553P,   City of Oak Grove...  May 13, 2005, May     The Honorable Oscar        August 19, 2005...............          270031
     FEMA Docket No. P-7644.                              20, 2005, Anoka       Olson, Mayor, City of
                                                          County Union.         Oak Grove, 22200 Poppy
                                                                                Street, NW., Anoka,
                                                                                Minnesota 55303.
    Scott, Case No. 04-05-0763P,   City of Savage......  May 14, 2005, May     The Hon. Thomas M.         August 20, 2005...............          270433
     FEMA Docket No. P-7644.                              21, 2005, The         Brennan, Mayor, City of
                                                          Savage Pacer.         Savage, 6000 McColl
                                                                                Drive, Savage, Minnesota
                                                                                55378-2464.
New Mexico:
    Bernalillo, Case No. 04-06-    City of Albuquerque.  July 7, 2005, July    The Honorable Martin       October 13, 2005..............          350002
     1742P, FEMA Docket No. P-                            14, 2005,             Chavez, Mayor, City of
     7646.                                                Albuquerque Journal.  Albuquerque, City/County
                                                                                Building, 11th Floor,
                                                                                One Civic Plaza NW.,
                                                                                Albuquerque, New Mexico
                                                                                87102.
    Bernalillo, Case No. 04-06-    Unincorporated Areas  July 7, 2005, July    The Honorable Tom          October 13, 2005..............          350001
     1742P, FEMA Docket No. P-                            14, 2005,             Rutherford, Chairman,
     7646.                                                Albuquerque Journal.  Bernalillo County, One
                                                                                Civic Plaza NW.,
                                                                                Albuquerque, New Mexico
                                                                                87102.
Oklahoma:
    Tulsa, Case No. 04-06-1611P,   City of Broken Arrow  July 7, 2005, July    The Honorable Richard      October 13, 2005..............          400236
     FEMA Docket No. P-7466.                              14, 2005, Broken      Carter, Mayor, City of
                                                          Arrow Ledger.         Broken Arrow, 220 South
                                                                                First Street, Broken
                                                                                Arrow, Oklahoma 74013.
    Tulsa, Case No. 04-06-1461P,   City of Broken Arrow  July 7, 2005, July    The Honorable Richard      October 13, 2005..............          400236
     FEMA Docket No. P-7646.                              14, 2005, Broken      Carter, Mayor, City of
                                                          Arrow Ledger.         Broken Arrow, 220 South
                                                                                First Street, Broken
                                                                                Arrow, Oklahoma 74013.
Texas:
    Bexar, Comal and Kendall,      City of Fair Oaks     July 22, 2005, July   The Honorable E. L.        July 5, 2005..................          481644
     Case No. 04-06-395P, FEMA      Ranch.                29, 2005, The         Gaubatz, Mayor, City of
     Docket No. P-7646.                                   Boerne Star Hill      Fair Oaks Ranch, 7286
                                                          Country Recorder.     Deitz Elkhorn, Fair Oaks
                                                                                Ranch, Texas 78015.
    Collin, Case No. 04-06-1201P,  City of Frisco......  July 22, 2005, July   The Honorable Mike         October 28, 2005..............          480134
     FEMA Docket No. P-7646.                              29, 2005, The         Simpson, Mayor, City of
                                                          Frisco Enterprise.    Frisco, City Hall 6891
                                                                                Main Street, Frisco,
                                                                                Texas 75034.
    Bexar, Case No. 04-06-1738P,   City of San Antonio.  May 24, 2005, May     The Honorable Ed Garza,    August 30, 2005...............          480045
     FEMA Docket No. P-7644.                              31, 2005, San         Mayor, City of San
                                                          Antonio Express       Antonio, Post Office Box
                                                          News.                 839966, San Antonio,
                                                                                Texas 78283-3966.
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[[Page 7692]]

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

    Dated: January 9, 2006.
David I. Maurstad,
Acting Director, Mitigation Division, Federal Emergency Management 
Agency, Department of Homeland Security.
[FR Doc. 06-1342 Filed 2-13-06; 8:45 am]
BILLING CODE 9110-12-P