04-19009. 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 number
Illinois: Adams (Case No. 03-05-5163P) (FEMA Docket No. P7632)	Unincorporated Areas	December 3, 2003, December 10, 2003, Quincy Herald-Whig	Mr. Mike McLaughlin, Adams County Board Chairman, Adams County Courthouse, 507 Vermont Street, Quincy, IL 62301	March 10, 2004	170001
Illinois: Calhoun (Case No. 03-05-5163P) (FEMA Docket No. P7632)	Unincorporated Areas	December 3, 2003, December 10, 2003, Calhoun News-Herald	Mr. Vince Tepen, Calhoun County, Board of County Commissioners, P.O. Box 187, Hardin, IL 62047	March 10, 2004	170018
Illinois: Madison (Case No. 03-05-5172P) (FEMA Docket No. P7632)	Village of Hartford	November 19, 2003, November 26, 2003, The Telegraph	The Hon. William Moore, Jr., Mayor, Village of Hartford, 140 West Hawthorne, Hartford, IL 62048	December 8, 2003	170444
Illinois: Pike (Case No. 03-05-5163P) (FEMA Docket No. P7632)	Village of Hull	December 2, 2003, December 9, 2003, The Paper	The Honorable Kirk Rued, Mayor, Village of Hull, Hull Village Hall, P.O. Box 70, Hull, IL 62343	March 10, 2004	170553
Illinois: Madison (Case No. 03-05-5172P) (FEMA Docket No. P7632)	Unincorporated Areas	November 19, 2003, November 26, 2003, The Telegraph	The Honorable Alan J. Dunstan, Madison County Board Chairman, Madison County Admin. Building, 157 N. Main Street, Suite 165, Edwardsville, IL 62025-1963	December 8, 2003	170436
Illinois: Pike (Case No. 03-05-5163P) (FEMA Docket No. P7632)	Unincorporated Areas	December 3, 2003, December 10, 2003, The Pike Press	Mr. Scott Syrcle, Pike County Board Chairman, 100 East Washington Street, Pittsfield, IL 62363	March 10, 2004	170551
Illinois: Pike (Case No. 03-05-5163P) (FEMA Docket No. P7632)	Village of Pleasant Hill	December 3, 2003, December 10, 2003, The Pike Press	Mr. William R. Graham, President, Village of Pleasant Hill, Village Hall, 104 West Quincy Street, Pleasant Hill, IL 62366	March 10, 2004	170558
Illinois: Madison (Case No. 03-05-5172P) (FEMA Docket No. P7632)	Village of Roxana	November 19, 2003, November 26, 2003, The Telegraph	The Honorable Fred Hubbard, President, Village of Roxana, 400 South Central Avenue, Roxana, IL 62084	December 8, 2003	170448
Illinois: Kendall (Case No. 03-05-0545P) (FEMA Docket No. P7630)	Village of Oswego	October 23, 2003, October 30, 2003, The Ledger-Sentinel	Mr. Craig Weber, President, Village of Oswego, 113 Main Street, Oswego, IL 60543	October 6, 2003	170345
Indiana: Lake (Case No. 03-05-5175P) (FEMA Docket No. P7630)	Town of Griffith	October 23, 2003, October 30, 2003, The Times	The Honorable Stanley Dobosz, Town Council President, Town of Griffith, 111 North Broad Street, Griffith, IN 46319	January 29, 2004	185175
Indiana: Lake (Case No. 03-05-5174P) (FEMA Docket No. P7630)	Town of Highland	October 23, 2003, October 30, 2003, The Times	The Honorable Mark Herak, Town Council President, Town of Highland, 3333 Ridge Road, Highland, IN 46322	January 29, 2004	185176
Indiana: Lake (Case No. 03-05-3366P) (FEMA Docket No. P7630)	Unincorporated Areas	October 23, 2003, October 30, 2003, The Times	The Honorable Gerry J. Scheub, President, Lake County, Board of Commissioners, 2293 North Main Street, 3rd Floor, Building A, Crown Point, IN 46307	January 29, 2004	180126
Iowa: Johnson (Case No. 03-07-105P) (FEMA Docket No. P7632)	City of Coralville	November 7, 2003, November 14, 2003, Iowa City Press-Citizen	The Honorable Jim Fausett, Mayor, City of Coralville, 1512 7th Street, Coralville, IA 52241	February 13, 2004	190169
Kansas: Douglas (Case No. 03-07-1276P) (FEMA Docket No. P7632)	City of Lawrence	November 7, 2003, November 14, 2003, Lawrence Journal World	The Hon. David M. Dunfield, Mayor, City of Lawrence, P.O. Box 708, 6 East 6th Street, Lawrence, KS 66044	February 13, 2004	200090
Louisiana: East Baton Rouge Parish (Case No. 03-06-827P) (FEMA Docket No. P7630)	City of Zachary	October 16, 2003, October 23, 2003, The Zachary Plainsman	The Honorable Charlene Smith, Mayor, City of Zachary, 4700 Main Street, Zachary, LA 70791	September 30, 2003	220061
Michigan: Macomb (Case No. 03-05-3367P) (FEMA Docket No. P7630)	City of Fraser	October 31, 2003, November 7, 2003, The Macomb Daily	The Hon. Edmund T. Adamczyk, Mayor, City of Fraser, City Hall, 33000 Garfield Road, Fraser, MI 48026	October 17, 2003	260122
Michigan: Oakland (Case No. 03-05-0535P) (FEMA Docket No. P7632)	City of Troy	December 4, 2003, December 11, 2003, The Troy Times	The Honorable Matt Pryor, Mayor, City of Troy, 500 West Big Beaver Road, Troy, MI 48084	March 11, 2004	260180
Minnesota: Carver (Case No. 02-05-0831P) (FEMA Docket No. P7630)	Unincorporated Areas	October 23, 2003, October 30, 2003, The Waconia Patriot	Mr. David Hemze, Acting Administrator, Carver County, Carver County Courthouse, 600 East Fourth Street, Chaska, MN 55318	January 29, 2004	270049
Minnesota: Le Sueur (Case No. 03-05-1835P) (FEMA Docket No. P7632)	City of New Prague	December 4, 2003, December 11, 2003, The New Prague Times	The Honorable Craig Sindelar, Mayor, City of New Prague, 118 Central Avenue, New Prague, MN 56071	March 11, 2004	270249
Minnesota: Sherburne (Case No. 03-05-3980P) (FEMA Docket No. P7632)	Unincorporated Areas	December 19, 2003, December 26, 2003, St. Cloud Times	Mr. Brian Bensen, Sherburne County Administrator, Sherburne County Government Center, 13880 Highway 10, Elk River, MN 55330	December 3, 2003	270435
Missouri: St. Louis (Case No. 03-07-894P) (FEMA Docket No. P7630)	Unincorporated Areas	October 22, 2003, October 29, 2003, St. Louis Post Dispatch	Mr. Buzz Westfall, St. Louis County Executive, 41 South Central Avenue, St. Louis, MO 63105	January 28, 2004	290327
New Mexico: Bernalillo (Case No. 04-06-241P) (FEMA Docket No. P7632)	City of Albuquerque	December 22, 2003, December 29, 2003, Albuquerque Journal	The Honorable Martin Chavez, Mayor, City of Albuquerque, P.O. Box 1293, Albuquerque, NM 87103	November 20, 2003	350002
New Mexico: Bernalillo (Case No. 04-06-245P) (FEMA Docket No. P7632)	City of Albuquerque	December 22, 2003, December 29, 2003, Albuquerque Journal	The Honorable Martin Chavez, Mayor, City of Albuquerque, P.O. Box 1293, Albuquerque, NM 87103	November 20, 2003	350002
New Mexico: Bernalillo (Case No. 04-06-245P) (FEMA Docket No. P7632)	City of Albuquerque	December 22, 2003, December 29, 2003, Albuquerque Journal	The Honorable Martin Chavez, Mayor, City of Albuquerque, P.O. Box 1293, Albuquerque, NM 87103	November 20, 2003	350002
New Mexico: Bernalillo (Case No. 04-06-246P) (FEMA Docket No. P7632)	City of Albuquerque	December 22, 2003, December 29, 2003, Albuquerque Journal	The Honorable Martin Chavez, Mayor, City of Albuquerque, P.O. Box 1293, Albuquerque, NM 87103	November 20, 2003	350002
New Mexico: Bernalillo (Case No. 03-06-1734P) (FEMA Docket No. P7630)	City of Albuquerque	October 23, 2003, October 30, 2003, Albuquerque Journal	The Honorable Martin Chavez, Mayor, City of Albuquerque, P.O. Box 1293, Albuquerque, NM 87103	October 9, 2003	350002
New Mexico: Bernalillo (Case No. 03-06-1742P) (FEMA Docket No. P7632)	City of Albuquerque	November 6, 2003, November 13, 2003, Albuquerque Journal	The Honorable Martin Chavez, Mayor, City of Albuquerque, P.O. Box 1293, Albuquerque, NM 87103	October 21, 2003	350002
New Mexico: Bernalillo (Case No. 03-06-2528P) (FEMA Docket No. P7630)	Unincorporated Areas	September 30, 2003, October 7, 2003, Albuquerque Journal	Mr. Tom Rutherford, Chairman, Bernalillo County, One Civic Plaza NW., Albuquerque, NM 87102	January 6, 2004	350001
New Mexico: Bernalillo (Case No. 03-06-1742P) (FEMA Docket No. P7632)	Unincorporated Areas	November 6, 2003, November 13, 2003, Albuquerque Journal	Mr. Tom Rutherford, Chairman, Bernalillo County, One Civic Plaza, NW., Albuquerque, NM 87102	October 21, 2003	350001
New Mexico: Bernalillo (Case No. 04-06-241P) (FEMA Docket No. P7632)	Unincorporated Areas	December 22, 2003, December 29, 2003, Albuquerque Journal	Mr. Tom Rutherford, Chairman, Bernalillo County, One Civic Plaza, NW., Albuquerque, NM 87102	November 20, 2003	350001
New Mexico: Bernalillo (Case No. 04-06-242P) (FEMA Docket No. P7632)	Unincorporated Areas	December 22, 2003, December 29, 2003, Albuquerque Journal	Mr. Tom Rutherford, Chairman, Bernalillo County, One Civic Plaza, NW., Albuquerque, NM 87102	November 20, 2003	350001
New Mexico: Bernalillo (Case No. 04-06-243P) (FEMA Docket No. P7632)	Unincorporated Areas	December 22, 2003, December 29, 2003, Albuquerque Journal	Mr. Tom Rutherford, Chairman, Bernalillo County, One Civic Plaza, N.W., Albuquerque, NM 87102	December 4, 2003	350001
Ohio: Allen (Case No. 03-05-0444P) (FEMA Docket No. P7632)	Allen County	December 22, 2003, December 29, 2003, The Lima News	Mr. Fred Eldridge, Allen County Administrator, 301 North Main, Lima, OH 45802	March 29, 2004	390758
Ohio: Delaware (Case No. 03-05-2574P) (FEMA Docket No. P7632)	Village of Powell	November 19, 2003, November 26, 2003, Olentangy Valley News	The Honorable Art Schultz, Mayor, Village of Powell, 47 Hall Street, Powell, OH 43065	February 25, 2004	390626
Oklahoma: Oklahoma (Case No. 03-06-691P) (FEMA Docket No. P7632)	Unincorporated Areas	November 18, 2003, November 25, 2003, The Daily Oklahoman	Mr. Stan Inman, Chairman, Oklahoma County Commission, 320 Robert S. Kerr Avenue, Suite 621, Oklahoma City, OK 73102	February 24, 2004	400466
Oklahoma: Rogers (Case No. 03-06-1392P) (FEMA Docket No. P7632)	Unincorporated Areas	August 29, 2003, September 5, 2003, Claremore Daily Progress	Mr. Gerry Payne, Chairman, Board of Commissioners, 219 South Missouri, Claremore, OK 74017	September 12, 2003	405379
Oklahoma: Tulsa (Case No. 03-06-1541P) (FEMA Docket No. P7630)	City of Tulsa	October 17, 2003, October 24, 2003, Tulsa World	The Honorable Bill LaFortune, Mayor, City of Tulsa, City Hall, 200 Civic Center, Tulsa, OK 74103	October 1, 2003	405381
Oklahoma: Tulsa (Case No. 03-06-1945P) (FEMA Docket No. P7630)	City of Tulsa	October 24, 2003, October 31, 2003, Tulsa World	The Honorable Bill LaFortune, Mayor, City of Tulsa, City Hall, 200 Civic Center, Tulsa, OK 74103	October 9, 2003	405381
Texas: Johnson (Case No. 03-06-060P) (FEMA Docket No. P7630)	City of Burleson	October 22, 2003, October 29, 2003, The Burleson Star	The Honorable Byron Black, Mayor, City of Burleson, 141 West Renfro, Burleson, TX 76028	January 28, 2004	485459
Texas: Johnson (Case No. 03-06-1544P) (FEMA Docket No. P7632)	City of Burleson	December 3, 2003, December 10, 2003, The Burleson Star	The Honorable Byron Black, Mayor, City of Burleson, 141 West Renfro, Burleson, TX 76028	March 10, 2004	485459
Texas: Dallas (Case No. 03-06-435P) (FEMA Docket No. P7630)	City of Carrollton	October 24, 2003, October 31, 2003, Northwest Morning News	The Honorable Mark Stokes, Mayor, City of Carrollton, 1945 E. Jackson Road, Carrollton, TX 75006	October 7, 2003	480167
Texas: Dallas (Case No. 03-06-838P) (FEMA Docket No. P7632)	City of Carrollton	November 14, 2003, November 21, 2003, Northwest Morning News	The Honorable Mark Stokes, Mayor, City of Carrollton, 1945 E. Jackson Road, Carrollton, TX 75006	October 30, 2003	480167
Texas: Dallas (Case No. 02-06-2440P) (FEMA Docket No. P7630)	City of Cedar Hill	October 17, 2003, October 24, 2003, Dallas Morning News	The Honorable Robert Franke, Mayor, City of Cedar Hill, P.O. Box 96, Cedar Hill, TX 75106	January 23, 2004	480168
Texas: Tarrant (Case No. 02-06-2311P) (FEMA Docket No. P7630)	City of Fort Worth	October 21, 2003, October 28, 2003, The Star Telegram	The Hon. Michael J. Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102-6311	October 9, 2003	480596
Texas: Tarrant (Case No. 03-06-1376P) (FEMA Docket No. P7630)	City of Fort Worth	October 22, 2003, October 29, 2003, The Star Telegram	The Hon. Michael J. Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102-6311	October 7, 2003	480596
Texas: Denton (Case No. 03-06-1926P) (FEMA Docket No. P7630)	Town of Flower Mound	October 29, 2003, November 5, 2003, Flower Mound Leader	The Honorable Lori DeLuca, Mayor, Town of Flower Mound, 2121 Cross Timbers Road, Flower Mound, TX 75028	October 15, 2003	480777
Texas: Harris (Case No. 03-06-405P) (FEMA Docket No. P7632)	Unincorporated Areas	November 11, 2003, November 18, 2003, The Houston Chronicle	The Hon. Robert A. Eckels, Judge, Harris County, 1001 Preston, Suite 911, Houston, TX 77002	February 17, 2004	480287
Texas: Denton (Case No. 03-06-435P) (FEMA Docket No. P7630)	City of Hebron	October 22, 2003, October 29, 2003, The Carrollton Leader	The Honorable Kelly Clem, Mayor, Town of Hebron, 4216 Charles Street, Carrollton, TX 75010	October 7, 2003	481495
Texas: Hidalgo (Case No. 03-06-1738P) (FEMA Docket No. P7632)	Unincorporated Areas	December 10, 2003, December 17, 2003, Edinburg Daily Review	The Honorable Ramon Garcia, Judge, Hidalgo County, 100 East Cano Street, Edinburg, TX 78539	March 17, 2004	480334
Texas: Harris (Case No. 03-06-405P) (FEMA Docket No. P7632)	City of Houston	November 11, 2003, November 18, 2003, The Houston Chronicle	The Honorable Bill White, Mayor, City of Houston, P.O. Box 1562, Houston, TX 77251	February 17, 2004	480296
Texas: Hays (Case No. 03-06-1735P) (FEMA Docket No. P7632)	City of Kyle	December 10, 2003, December 17, 2003, The Kyle Eagle	The Honorable James Adkins, Mayor, City of Kyle, 300 West Center, Kyle, TX 78640	November 17, 2003	481108
Texas: Hidalgo (Case No. 03-06-1738P) (FEMA Docket No. P7632)	City of La Joya	December 10, 2003, December 17, 2003, Edinburg Daily Review	The Honorable Billy Leo, Mayor, City of La Joya, 100 West Expressway 83, La Joya, TX 78560	March 17, 2004	480341
Texas: Tarrant (Case No. 03-06-444P) (FEMA Docket No. P7630)	City of North Richland Hills	October 22, 2003, October 29, 2003, The Northeast Tarrant, County Morning News	The Hon. T. Oscar Trevino, Jr., Mayor, City of N. Richland Hills, 7301 North East Loop 820, North Richland Hills, TX 76180	October 7, 2003	480607
Texas: Harris (Case No. 03-06-1531P) (FEMA Docket No. P7632)	City of Pasadena	November 11, 2003, November 18, 2003, The Pasadena Citizen	The Honorable John Manlove, Mayor, City of Pasadena, City Hall, 1211 Southmore, Pasadena, TX 77502	February 17, 2004	480307
Texas: Collin (Case No. 03-06-407P) (FEMA Docket No. P7630)	City of Plano	October 29, 2003, November 5, 2003, Plano Star Courier	The Honorable Pat Evans, Mayor, City of Plano, P.O. Box 860358, Plano, TX 75086-0358	February 4, 2004	480140
Texas: Dallas (Case No. 03-06-427P) (FEMA Docket No. P7632)	City of Richardson	December 4, 2004, December 11, 2003, The Richardson Morning News	The Honorable Gary A. Slagel, Mayor, City of Richardson, P.O. Box 830309, Richardson, TX 75083-0309	November 12, 2003	480184
Texas: Bexar (Case No. 03-06-039P) (FEMA Docket No. P7632)	City of San Antonio	December 5, 2003, December 12, 2003 San Antonio Express News	The Honorable Ed Garza, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283-3966	March 12, 2004	480045
Texas: Hays (Case No. 02-06-1681P) (FEMA Docket No. P7630)	City of San Marcos	October 17, 2003, October 24, 2003, San Marcos Daily Record	The Hon. Robert Habingreither, Mayor, City of San Marcos, 630 East Hopkins, San Marcos, TX 78666	September 30, 2003	485505

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

Dated: August 10, 2004.

David I. Maurstad,

Acting Director, Mitigation Division, Emergency Preparedness and Response Directorate.