05-13931. 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, [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.
Illinois:
Kane (Case No. 04-05-2895P) (FEMA Docket No. P-7642)	City of Aurora	November 10, 2004, November 17, 2004, Kane County Chronicle	The Honorable David L. Stover, Mayor, City of Aurora, 44 East Downer Place, Aurora, IL 60507	February 16, 2005	170320
Will (Case No. 04-05-3544P) (FEMA Docket No. P-7642)	Village of Bolingbrook	January 28, 2005, February 4, 2005, The Bolingbrook Sun	The Honorable Roger C. Claar, Mayor, Village of Bolingbrook, 375 West Briarcliff Road, Bolingbrook, IL 60440	January 13, 2005	170812
Cook (Case No. 03-05-3975P) (FEMA Docket No. P-7642)	Unincorporated Areas	December 2, 2004, December 9, 2004, The Chicago Tribune	The Honorable John Stroger, Jr., President, Cook County Board of Commissioners, 118 N. Clark Street, Room 537, Chicago, IL 60602	March 10, 2005	170054
Will (Case No. 04-05-4065P) (FEMA Docket No. P-7642)	City of Joliet	February 3, 2005, February 10, 2005, Farmers Weekly Review	The Honorable Arthur Schultz, Mayor, City of Joliet, 150 West Jefferson Street, Joliet, IL 60432	January 13, 2005	170702
Winnebago (Case No. 04-05-2896P) (FEMA Docket No. P-7642)	City of Love's Park	January 24, 2005, January 31, 2005, The Rockford Register Star	The Honorable Darryl F. Lindberg, Mayor, City of Loves Park, 100 Heart Boulevard, Loves Park, IL 61111	January 14, 2005	170722
Will (Case No. 04-05-3549P) (FEMA Docket No. P-7642)	Village of Mokena	December 2, 2004, December 9, 2004, The Lincoln-Way Sun	The Honorable Robert Chiszar, Mayor, Village of Mokena, 11004 Carpenter Street, Mokena, IL 60448	March 10, 2005	170705
Cook (Case No. 03-05-3975P) (FEMA Docket No. P-7642)	Village of Orland Park	December 2, 2004, December 9, 2004, The Orland Township Messenger	The Honorable Dan McLaughlin, Mayor, City of Orland Park, 14700 South Ravinia Avenue, Orland Park, IL 60462	March 10, 2005	170140
Cook (Case No. 03-05-3975P) (FEMA Docket No. P-7642)	Village of Tinley Park	December 2, 2004, December 9, 2004, The Star	The Honorable Edward Zabrocki, Mayor, Village of Tinley Park, 16250 S. Oak Park Avenue, Tinley Park, IL 60477	March 10, 2005	170169
Will (Case No. 04-05-3560P) (FEMA Docket No. P-7642)	Unincorporated Areas	January 5, 2005, January 12, 2005, The Herald News	The Honorable Lawrence Walsh, Will County Executive, Will County Office Building, 302 North Chicago Street, Joliet, IL 60432	December 13, 2004	170695
Winnebago (Case No. 04-05-2876 (FEMA Docket No. P-7642)	Unincorporated Areas	January 24, 2005, January 31, 2005, The Rockford Register Star	Mr. Scott Christiansen, Chairman, Winnebago County Board, 404 Elm Street, Rockford, IL 61101	January 14, 2005	170720
Michigan:
Macomb (Case No. 04-05-2345P) (FEMA Docket No. P-7642)	Township of Shelby	January 24, 2005, January 31, 2005, The Macomb Daily	Mr. Ralph L. Maccarone, Township Supervisor, Township of Shelby, 52700 Van Dyke Avenue, Shelby Township, MI 48316	January 11, 2005	260126
Macomb (Case No. 04-05-2879P) (FEMA Docket No. P-7642)	City of Sterling Heights	January 12, 2005, January 19, 2005, Sterling Heights Sentry	The Honorable Richard J. Nottle, Mayor, City of Sterling Heights, 40555 Utica Road, Sterling Heights, MI 48311	December 21, 2004	260128
Minnesota: Dakota (Case No. 04-05-2882P) (FEMA Docket No. P-7642)	City of Burnsville	December 2, 2004, December 9, 2004, Dakota County Tribune	The Honorable Elizabeth Kautz, Mayor, City of Burnsville, 100 Civic Center Parkway, Burnsville, MN 55337	March 10, 2005	270102
Missouri:
Clay (Case No. 04-07-531P) (FEMA Docket No. P-7642)	Village of Claycomo	December 15, 2004, December 22, 2004, Dispatch Tribune	The Honorable Lois Anderson, Village Administrator and Floodplain Administrator, Village of Claycomo, 115 East Highway 69, Claycomo, MO 64119	March 23, 2005	290089
St. Charles (Case No. 03-07-886P) (FEMA Docket No. P-7462)	City of O'Fallon	December 29, 2004, January 5, 2005, The O'Fallon Journal	The Honorable Paul F. Renaud, Mayor, City of O'Fallon, O'Fallon Municipal Centre, 100 North Main Street, O'Fallon, MO 63366	April 6, 2005	290316
New Mexico: Bernalillo (Case No. 04-06-1904P) (FEMA Docket No. P-7642)	City of Albuquerque	January 21, 2005, January 28, 2005, The Albuquerque Journal	The Honorable Martin Chavez, Mayor, City of Albuquerque, City/County Building, 11th Floor, One Civic Plaza NW, Albuquerque, NM 87103	January 12, 2005	350002
Ohio: Shelby (Case No. 04-05-3548P) (FEMA Docket No. P-7642)	Unincorporated Areas	December 22, 2004, December 29, 2004, The Sidney Daily News	The Honorable John D. Schmitt, Shelby County Judge, Shelby County Courthouse, P.O. Box 947, Sidney, OH 45365	March 30, 2005	390503
Oklahoma:
Tulsa (Case No. 03-06-1547P) (FEMA Docket No. P-7642)	City of Owasso	December 9, 2004, December 16, 2004, Owasso Reporter	The Honorable Susan Kimball, Mayor, City of Owasso, P.O. Box 180, Owasso, OK 74055	November 23, 2004	400210
Tulsa (Case No. 03-06-1547P) (FEMA Docket No. P-7642)	Unincorporated Areas	December 9, 2004, December 16, 2004, Tulsa World	The Hon. Wilbert E. Collins, Sr., Chairman, Tulsa County, Board of Commissioners, 500 South Denver, Tulsa, OK 74103	November 23, 2004	400462
Texas:
Parker (Case No. 04-06-1202P) (FEMA Docket No. P-7642)	City of Aledo	December 13, 2004, December 20, 2004, The Weatherford Democrat	The Honorable Susan Langley, Mayor, City of Aledo, 100 Sanchez Trail, Aledo, TX 76008	March 21, 2005	481659
Travis (Case No. 03-06-2670P) (FEMA Docket No. P-7642)	City of Austin	December 15, 2004, December 22, 2004, Austin American Statesman	The Honorable Will Wynn, Mayor, City of Austin, P.O. Box 1088, Austin, TX 78767	March 23, 2005	480624
Hays (Case No. 04-06-1001P) (FEMA Docket No. P-7642)	City of Buda	January 6, 2005, January 13, 2005, The Free Press	The Honorable John Trube, Mayor, City of Buda, P.O. Box 1218, Buda, TX 78610	April 14, 2005	481640
Denton (Case No. 04-06-1463P) (FEMA Docket No. P-7642)	City of Corinth	January 18, 2005, January 25, 2005, Denton Record Chronicle	The Honorable Vic Burgess, Mayor, City of Corinth, 3300 Corinth Parkway, Corinth, TX 76208	April 26, 2005	481143
Tarrant (Case No. 04-06-1204P) (FEMA Docket No. P-7642)	City of Crowley	December 13, 2004, December 20, 2004, The Star Telegram	The Honorable Billy Davis, Mayor, City of Crowley, 120 North Hampton Road, Crowley, TX 76036	March 21, 2005	480591
Denton (Case No. 03-06-2687P) (FEMA Docket No. P-7642)	City of The Colony	January 26, 2005, February 2, 2005, The Colony Courier Leader	The Honorable John Dillard, Mayor, City of The Colony, City Hall 6800 Main Street, The Colony, TX 75056	February 14, 2005	481581
Dallas (Case No. 04-06-867P) (FEMA Docket No. P-7642)	City of Dallas	December 22, 2004, December 29, 2004, Dallas Morning News	The Honorable Laura Miller, Mayor, City of Dallas, Dallas City Hall, 1500 Marilla Street, Room 5EN, Dallas, TX 75201-6390	March 30, 2005	480171
Fort Bend (Case No. 04-06-2152P) (FEMA Docket No. P-7642)	Unincorporated Areas	January 26, 2005, February 2, 2005, Fort Bend Star	The Honorable Robert E. Hebert, Judge, Fort Bend County, 301 Jackson Street, Suite 719, Richmond, TX 77469	January 14, 2005	480228
Tarrant (Case No. 04-06-1204P) (FEMA Docket No. P-7642)	City of Fort Worth	December 13, 2004, December 20, 2004, The Star Telegram	The Honorable Michael Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102	March 21, 2005	480596
Hays (Case No. 04-06-1001P) (FEMA Docket No. P-7642)	Unincorporated Areas	January 6, 2005, January 13, 2005, The Free Press	The Honorable Jim Powers, Judge, Hays County, 111 E. San Antonio Street, Suite 300, San Marcos, TX 78666	April 14, 2005	480321
Tarrant (Case No. 03-05-1850P) (FEMA Docket No. P-7640)	City of Hurst	October 1, 2004, October 8, 2004, The Star Telegram	The Honorable Richard Ward, Mayor, City of Hurst, 1505 Precinct Line Road, Hurst, TX 76054	October 7, 2004	480601
Fort Bend Harris and Waller (Case No. 04-06-2152P) (FEMA Docket No. P-7642)	City of Katy	January 26, 2005, February 2, 2005, The Katy Times	The Honorable Doyle Callender, Mayor, City of Katy, 910 Avenue C, Katy, TX 77493	January 14, 2005	480301
Parker (Case No. 04-06-1202P) (FEMA Docket No. P-7642)	Unincorporated Areas	December 13, 2004, December 20, 2004, The Weatherford Democrat	The Honorable Mark Riley, Judge, Parker County, 1 Courthouse Square, Weatherford, TX 76086	March 21, 2005	480520
Waller (Case No. 04-06-2152P) (FEMA Docket No. P-7642)	Unincorporated Areas	January 27, 2005, February 3, 2005, Waller County News Citizen	The Honorable Owen Ralston, Judge, Waller County, 836 Austin Street, Room 203, Hempstead, TX 77445	January 14, 2005	480460

(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.