[Federal Register Volume 71, Number 39 (Tuesday, February 28, 2006)]
[Rules and Regulations]
[Pages 9947-9948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1821]


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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.

DATES: 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

[[Page 9948]]

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      Effective date of modification     Community
                                                           notice was  published   officer of community                                       number
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Illinois: Cook, Case No. 04-05-     Village of Matteson..  August 4, 2005,        Mr. Mark Stricker,     July 22, 2005..................          170123
 3545P, FEMA Docket No. P-7646.                             August 11, 2005, The   President, Village
                                                            Daily Southtown.       of Matteson, 4900
                                                                                   Village Commons,
                                                                                   Matteson, Illinois
                                                                                   60443.
Texas: Bexar, Case No. 04-06-       City of San Antonio..  August 10, 2005,       The Honorable Phil     August 2, 2005.................          480045
 1194P, FEMA Docket No. P-7646.                             August 17, 2005, San   Hardberger, Mayor,
                                                            Antonio Express News.  City of San Antonio,
                                                                                   Post Office Box
                                                                                   839966, San Antonio,
                                                                                   Texas 78283-3966.
Wisconsin: Milwaukee and            City of Milwaukee....  August 5, 2005,        The Honorable Tom      November 11, 2005..............          550278
 Washington, Case No. 04-05-3539P,                          August 12, 2005, The   Barrett, Mayor, City
 FEMA Docket No. P-7646.                                    Milwaukee Courier.     of Milwaukee, 200
                                                                                   East Wells Street,
                                                                                   Room 201, Milwaukee,
                                                                                   Wisconsin 53202.
Wisconsin: Case No. 04-05-3539P,    City of Glendale.....  August 4, 2005,         The Honorable R. Jay  November 11, 2005..............          550275
 FEMA Docket No. P-7646.                                    August 11, 2005, The   Hintz, Mayor, City
                                                            North Shore Herald.    of Glendale, 6936
                                                                                   North Braeburn Lane,
                                                                                   Glendale, Wisconsin
                                                                                   53209.
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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. 06-1821 Filed 2-27-06; 8:45 am]
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