FR Doc 05-19817

[Federal Register: October 4, 2005 (Volume 70, Number 191)]
[Rules and Regulations]
[Page 57786-57788]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04oc05-19]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket No. FEMA-P-7646]

Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, Emergency Preparedness and
Response Directorate, 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 of the Emergency Preparedness and Response Directorate
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 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 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

[[Page 57787]]

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 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 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.

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

PART 65--[AMENDED]

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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]

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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 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. 27, 2005; Cabot Staumbaugh, Mayor, City
Star-Herald. of Cabot, Post Office
Box 1113, Cabot,
Arkansas 72076.
Illinois: Will, Case No.: 04-05- City of Lockport.... July 6, 2005; July The Honorable Tim Murphy, June 21, 2005................. 170703
4087P. 13, 2005; The Mayor, City of Lockport,
Herald News. 222 East 9th Street,
Lockport, Illinois 60441.
Illinois: Cook, Case No.: 04-05- Village of Matteson. August 4, 2005; The Honorable Mark July 22, 2005................. 170123
3545P. August 11, 2005; Stricker, President,
The Daily Southtown. Village of Matteson,
4900 Village Commons,
Matteson, Illinois 60443.
Illinois: Cook, Case No.: 04-05- Village of Orland June 23, 2005; June The Honorable Daniel September 29, 2005............ 170140
2894P. Park. 30, 2005; The McLaughlin, Mayor,
Orland Park Star. Village of Orland Park,
14700 Ravinia Avenue,
Orland Park, Illinois
60462.
Illinois: Cook, Case No.: 04-05- Village of Tinley June 23, 2005; June The Honorable Edward J. September 29, 2005............ 170169
2894P. Park. 20, 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. 30, 2005; The Mayans, Mayor, City of
Wichita Eagle. Wichita, City Hall--1st
Floor 455 North Main,
Wichita, Kansas 67202.
New Mexico: Bernalillo, Case No.: City of Albuquerque. July 7, 2005; July The Honorable Martin October 13, 2005.............. 350002
04-06-1742P. 14, 2005; Chavez, Mayor, City of
Albuquerque Journal. Albuquerque, City/County
Building, 11th Floor,
Albuquerque, New Mexico
87102.
New Mexico: Bernalillo, Case No.: Unincorporated Areas July 7, 2005; July The Honorable Tom October 13, 2005.............. 350001
04-06-1742P. 14, 2005; Rutherford, Chairman,
Albuquerque Journal. Bernalillo County, One
Civic Plaza NW.,
Albuquerque, New Mexico
87102.
Oklahoma: Tulsa, Case No.: 04-06- City of Broken Arrow July 7, 2005; July The Honorable Richard October 13, 2005.............. 400236
1611P. 14, 2005; Broken Carter, Mayor, City of
Arrow Ledger. Broken Arrow, 220 South
First Street, Broken
Arrow, Oklahoma 74103.
Oklahoma: Tulsa, Case No.: 04-06- City of Broken Arrow July 7, 2005; July The Honorable Richard October 13, 2005.............. 400236
1461P. 14, 2005; Broken Carter, Mayor, City of
Arrow Ledger. Broken Arrow, 220 South
First Street, Broken
Arrow, Oklahoma 74103.
Texas: Bexar, Case No.: 04-06- City of San Antonio. August 10, 2005; The Honorable Phil August 2, 2005................ 480045
1194P. August 17, 2005; Hardberger, Mayor, City
San Antonio Express of San Antonio, Post
News. Office Box 839966, San
Antonio, Texas 78283-
3966.
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. Ranch. 29, 2005; The Gaubatz, Mayor, City of
Boerne Star Hill Fair Oaks Ranch, 7286
Recorder. Deitz Elkhorn, Fair Oaks
Ranch, Texas 78015.

[[Page 57788]]

Texas: Collin County, Case No.: City of Frisco...... July 22, 2005; July The Honorable Mike October 28, 2005.............. 480134
04-06-1201P. 29, 2005; The Simpson, Mayor, City of
Frisco Enterprise. Frisco, City Hall 6891
Main Street, Frisco,
Texas 75034.
Wisconsin: Milwaukee, Case No.: City of Glendale.... August 4, 2005; The Honorable R. Jay November 11, 2005............. 550275
04-05-3539P. August 11, 2005; Hintze, Mayor, City of
The North Shore Glendale, 6936 North
Herald. Braeburn Lane, Glendale,
Wisconsin 53209.
Wisconsin: Milwaukee and City of Milwaukee... August 5, 2005; The Honorable Tom November 11, 2005............. 550278
Washington, Case No.: 04-05- August 12, 2005; Barrett, Mayor, City of
3539P. The Milwaukee Milwaukee, 200 E. Wells
Courier. Street, Room 201,
Milwaukee, Wisconsin
53202.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood
Insurance.'')

Dated: September 26, 2005.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and
Response Directorate.
[FR Doc. 05-19817 Filed 10-3-05; 8:45 am]

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