[Federal Register: July 15, 2005 (Volume 70, Number 135)] [Rules and Regulations] [Page 40909-40913] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr15jy05-12] [[Page 40909]] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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: -------------------------------------------------------------------------------------------------------------------------------------------------------- Dates and names of State and county Location newspaper where notice Chief executive officer of Effective date of Community was published community modification No. -------------------------------------------------------------------------------------------------------------------------------------------------------- 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. -------------------------------------------------------------------------------------------------------------------------------------------------------- [[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