04-159. 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.

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, Emergency Preparedness and Response Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, [phone].

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

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

PART 65—[AMENDED]

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.

§ 65.4

[Amended]

2. The tables published under the authority of § 65.4 are amended as follows:

State and county	Location	Dates and names of newspaper where notice was published	Chief executive officer of community	Effective date of modification	Community No.
Arkansas: Pulaski, (Case No. 02-06-2217P), (FEMA Docket No. P7626)	City of Little Rock	June 25, 2003, Jul. 2, 2003, Little Rock Free Press	The Honorable Jim Dailey, Mayor, City of Little Rock, Little Rock City Hall, Room 203, 500 West Markham, Little Rock, AR 72201	June 13, 2003	050181
Illinois:
Cook, (Case No. 03-05-0548P), (FEMA Docket No. P7626)	Unincorporated areas	Jul. 10, 2003, Jul. 17, 2003, Orlando Township Messenger	Mr. John H. Stroger, Jr., President, Cook County Board of Commissioners, 118 North Clark Street, 5th Floor, Chicago, IL 60602	Oct. 16, 2003	170054
Cook, (Case No. 03-05-1844P), (FEMA Docket No. P7626)	City of Countryside	Jul. 9, 2003, Jul. 16, 2003, The Suburban Life	The Honorable Carl W. LeGant, Mayor, City of Countryside, City Hall, 5550 East Avenue, Countryside, IL 60525-3689	Jul. 25, 2003	170079
Michigan: Wayne, (Case No. 02-05-3652P), (FEMA Docket No. P7626)	Township of Canton	Jul. 10, 2003, Jul. 17, 2003, Canton Eagle	Mr. Thomas Yack, Township Supervisor, Township of Canton, 1150 South Canton Center, Canton, MI 48188	June 24, 2003	260219
Minnesota: Jackson, (Case No. 03-05-2556P), (FEMA Docket No. P7626)	City of Jackson	May 22, 2003, May 29, 2003, Jackson County Pilot	The Honorable Ray Hansen, Mayor, City of Jackson, 80 West Ashley, Jackson, MN 56143	Apr. 17, 2003	270213
Missouri: St. Louis, (Case No. 03-07-111P), (FEMA Docket No. P7626)	City of Town and Country	Jul. 9, 2003, Jul. 16, 2003, St. Louis Post Dispatch	The Honorable David A. Karney, Mayor, City of Town and Country, Municipal Center, 1011 Municipal Center Drive, Town and Country, MO 63131	Oct. 15, 2003	290389
New Mexico:
Bernalillo, (Case No. 03-06-200P), (FEMA Docket No. P7626)	City of Albuquerque	Jul. 8, 2003, Jul. 15, 2003, Albuquerque Journal	The Honorable Martin Chavez, Mayor, City of Albuquerque, P.O. Box 1293, Albuquerque, NM 87103	June 13, 2003	350002
Bernalillo, (Case No. 03-06-200P), (FEMA Docket No. P7626)	Unincorporated areas	Jul. 8, 2003, Jul. 15, 2003, Albuquerque Journal	Mr. Tim Cummins, Chairperson, Bernalillo County Commission, One Civic Plaza, N.W., Albuquerque, NM 87102	June 13, 2003	350001
Oklahoma:
Oklahoma, (Case No. 02-06-654P), (FEMA Docket No. P7626)	City of Oklahoma City	June 23, 2003, June 30, 2003, The Daily Oklahoman	The Honorable Kirk Humphreys, Mayor, City of Oklahoma City, 200 North Walker, 3rd Floor, Oklahoma City, OK 73102	Sept. 29, 2003	405378
Tulsa, (Case No. 03-06-1535P), (FEMA Docket No. P7626)	City of Tulsa	June 23, 2003, June 30, 2003, Tulsa World	The Honorable Bill La Fortune, Mayor, City of Tulsa, City Hall, 200 Civic Center, Tulsa, OK 74103	Sept. 29, 2003	405381
Texas:
Denton, (Case No. 03-06-181P), (FEMA Docket No. P7626)	City of Argyle	Jul. 10, 2003, Jul. 17, 2003, The Argyle Sun	The Honorable Yvonne Jenkins, Mayor, City of Argyle, 506 North Highway 377, Argyle, TX 76226	June 13, 2003	480775
Tarrant, (Case No. 03-06-849P), (FEMA Docket No. P7626)	City of Arlington	Jul. 9, 2003, Jul. 16, 2003, Arlington Morning News	The Honorable Elzie Odom, Mayor, City of Arlington, 101 West Abram Street, Box 231, Arlington, TX 76004-0231	June 25, 2003	485454
Bexar, (Case No. 02-06-2298P), (FEMA Docket No. P7626)	Unincorporated areas	June 30, 2003, Jul. 7, 2003, San Antonio Express News	The Honorable Nelson W. Wolff, Judge, Bexar County, Bexar County Courthouse, 100 Dolorosa, Suite 120, San Antonio, TX 78205	June 6, 2003	480035
Dallas, (Case No. 03-06-844P), (FEMA Docket No. P7626)	City of Carrollton	June 25, 2003, Jul. 2, 2003, Carrollton Leader	The Honorable Mark Stokes, Mayor, City of Carrollton, P.O. Box 110535, Carrollton, TX 75006	Oct. 1, 2003	480167
Collin, (Case No. 02-06-1413P), (FEMA Docket No. P7626)	Unincorporated areas	June 25, 2003, Jul. 2, 2003, Plano Star Courier	The Honorable Ron Harris, Judge, Collin County, 210 South McDonald Street, McKinney, TX 75069	Oct. 1, 2003	480130
Dallas, (Case No. 03-06-844P), (FEMA Docket No. P7626)	City of Coppell	June 25, 2003, Jul. 2, 2003, Coppell Gazette	The Honorable Candy Sheehan, Mayor, City of Coppell, 255 Parkway Boulevard, P.O. Box 9478, Coppell, TX 75019	Oct. 1, 2003	480170
Denton, (Case No. 03-06-181P), (FEMA Docket No. P7626)	City of Denton	Jul. 10, 2003, Jul. 17, 2003, Denton Record Chronicle	The Honorable Euline Brock, Mayor, City of Denton, 215 East McKinney Street, Denton, TX 76201	June 13, 2003	480194
El Paso, (Case No. 02-06-1458P), (FEMA Docket No. P7626)	City of El Paso	June 24, 2003, Jul. 1, 2003, El Paso Times	The Hon. Raymond Caballero, Mayor, City of El Paso, Two Civic Center Plaza, El Paso, TX 79901	June 5, 2003	480214
Collin, (Case No. 02-06-1413P), (FEMA Docket No. P7626)	Town of Fairview	June 25, 2003, Jul. 2, 2003, Plano Star Courier	The Honorable Don Phillips, Mayor, Town of Fairview, 500 S. Highway 5, Fairview, TX 75069	Oct. 1, 2003	481069
Tarrant, (Case No. 03-06-448P), (FEMA Docket No. P7626)	City of Fort Worth	June 30, 2003, Jul. 7, 2003, The Star Telegram	The Honorable Kenneth Barr, Mayor, City of Forth Worth, 1000 Throckmorton Street, Fort Worth, TX 76102	Oct. 6, 2003	480596
Dallas, (Case No. 02-06-2315P), (FEMA Docket No. P7626)	City of Irving	Jul. 10, 2003, Jul. 17, 2003, The Irving Morning News	The Honorable Joe H. Putnam, Mayor, City of Irving, 825 West Irving Boulevard, Irving, TX 75060	June 24, 2003	480180
Denton, (Case No. 03-06-844P), (FEMA Docket No. P7626)	City of Lewisville	June 25, 2003, Jul. 2, 2003, Lewisville Leader	The Honorable Gene Carey, Mayor, City of Lewisville, P.O. Box 299002, 1197 West Main Street, Lewisville, TX 75029	Oct. 1, 2003	480195
Gregg and Harrison, (Case No. 02-06-1532P), (FEMA Docket No. P7626)	City of Longview	June 30, 2003, Jul. 7, 2003, Longview News Journal	The Honorable Murray Moore, Mayor, City of Longview, P.O. Box 1952, Longview, TX 75606	Oct. 6, 2003	480264
Tarrant, (Case No. 02-06-1674P), (FEMA Docket No. P7626)	City of Mansfield	June 12, 2003, June 19, 2003, Mansfield News Mirror	The Honorable David Harry, Mayor, City of Mansfield, No. 2 Brookway Court, Mansfield, TX 76063	Sept. 18, 2003	480606
Dallas, (Case No. 03-06-682P), (FEMA Docket No. P7626)	City of Mesquite	May 22, 2003, May 29, 2003, Mesquite Morning News	The Honorable Mike Anderson, Mayor, City of Mesquite, P.O. Box 850137, Mesquite, TX 75185	May 2, 2003	485490
Brazoria, (Case No. 03-06-176P), (FEMA Docket No. P7626)	City of Pearland	June 25, 2003, Jul. 2, 2003, Pearland Reporter News	The Honorable Thomas Reid, Mayor, City of Pearland, 3519 Liberty Drive, Pearland, TX 77581	Jul. 11, 2003	480077

(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”)

Dated: December 18, 2003.

Anthony S. Lowe,

Mitigation Division Director, Emergency Preparedness and Response Directorate.