04-2788. Changes in Flood Elevation Determinations

AGENCY:

Federal Emergency Management Agency, Emergency Preparedness and Response Directorate, Department of Homeland Security.

ACTION:

Interim rule.

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, [phone].

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 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 record keeping 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 name of newspaper where notice was published	Chief executive officer of community	Effective date of modification	Community No.
Illinois:
Adams (Case No. 03-05-5163P)	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	Mar. 10, 2004	170001
Calhoun (Case No. 03-05-5163P)	Unincorporated Areas	December 3, 2003, December 10, 2003, Calhoun News-Herald	Mr. Vince Tepen, Chairman, Calhoun County Board of Commissioners, P.O. Box 187, Hardin, IL 62047	Mar. 10, 2004	170018
Madison (Case No. 03-05-5172P)	Village of Hartford	November 19, 2003, November 26, 2003, The Telegraph	The Honorable William Moore, Jr., Mayor, Village of Hartford, 140 West Hawthorne, Hartford, IL 62048	Dec. 8, 2003	170444
Pike (Case No. 03-05-5163P)	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	Mar. 10, 2004	170553
Madison (Case No. 03-05-5172P)	Unincorporated Areas	November 19, 2003, November 26, 2003, The Telegraph	The Honorable Alan J. Dunstan, Madison County Board Chairman, Madison County Administration Building, 157 N. Main Street, Suite 165, Edwardsville, IL 62025-1963	Dec. 8, 2003	170436
Pike (Case No. 03-05-5163P)	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	Mar. 10, 2004	170551
Pike (Case No. 03-05-5163P)	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	Mar. 10, 2004	170558
Madison (Case No. 03-05-5172P)	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	Dec. 8, 2003	170448
Iowa: Johnson (Case No. 03-07-105P)	City of Coralville	November 7, 2003, November 14, 2003, Iowa City Press-Citizen	The Honorable Jim Fausett, Mayor, City of Coralville, 1512 7th Street, Coralvillle, IA 52241	Feb. 13, 2004	190169
Kansas: Douglas (Case No. 03-07-1276P)	City of Lawrence	November 7, 2003, November 14, 2003, Lawrence Journal World	The Honorable David M. Dunfield, Mayor, City of Lawrence, 6 East 6th Street, Lawrence, KS 66044	Feb. 13, 2004	200090
Michigan: Oakland (Case No. 03-05-0535P)	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	Mar. 11, 2004	260180
Minnesota:
Le Sueur (Case No. 03-05-1835P)	City of New Prague	December 4, 2003, December 11, 2003, The New Prague Times	The Honorable Craig Sindelar, Mayor, City of New Prague, City Hall, 118 Central Avenue, New Prague, MN 56071	Mar. 11, 2004	270249
Sherburne (Case No. 03-05-3980P)	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	Dec. 3, 2003,	270435
New Mexico:
Bernalillo, (Case No. 03-06-1742P)	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	Oct. 21, 2003	350002
Bernalillo (Case No. 03-06-1742P)	Unincorporated Areas	November 6, 2003, November 13, 2003, Albuquerque Journal	Mr. Tom Rutherford, Chairman, Bernalillo County, One Civic Plaza N.W., Albuquerque, NM 87102	Oct. 21, 2003	350001
Bernalillo (Case No. 04-06-246P)	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	Nov. 20, 2003	350002
Bernalillo (Case No. 04-06-242P)	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	Nov. 20, 2003	350002
Bernalillo (Case No. 04-06-241P)	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	Nov. 20, 2003	350002
Bernalillo (Case No. 04-06-245P)	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	Nov. 20, 2003	350002
Bernalillo (Case No. 04-06-243P)	Unincorporated Areas	December 22, 2003, December 29, 2003, Albuquerque Journal	Mr. Tom Rutherford, Chairman, Bernalillo County, One Civic Plaza, N.W., Albuquerque, NM 87102	Dec. 4, 2003	350001
Bernalillo (Case No. 04-06-241P)	Unincorporated Areas	December 22, 2003, December 29, 2003, Albuquerque Journal	Mr. Tom Rutherford, Chairman, Bernalillo County, One Civic Plaza, NW., Albuquerque, NM 87102	Nov. 20, 2003	350001
Bernalillo (Case No. 04-06-242P)	Unincorporated Areas	December 22, 2003, December 29, 2003, Albuquerque Journal	Mr. Tom Rutherford, Chairman, Bernalillo County, One Civic Plaza, NW., Albuquerque, NM 87102	Nov. 20, 2003	350001
Ohio:
Allen (Case No. 03-05-0444P)	Allen County	December 22, 2003, December 29, 2003, The Lima News	Mr. Fred Eldridge, Allen County Administrator, 301 North Main, Lima, OH 45802	Mar. 29, 2004	390758
Delaware (Case No. 03-05-2574P)	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	Feb. 25, 2004	390626
Oklahoma:
Oklahoma (Case No. 03-06-691P)	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	Feb. 24, 2004	400466
Rogers (Case No. 03-06-1392P)	Unincorporated Areas	August 29, 2003, September 5, 2003, Claremore Daily Progress	Mr. Gerry Payne, Chairman, Rogers County, Board of Commissioners, 219 South Missouri, Claremore, OK 74017	Sept. 12, 2003	405379
Tulsa (Case No. 03-06-831P)	City of Tulsa	November 18, 2003, November 25, 2003, Tulsa World	The Honorable Bill LaFortune, Mayor, City of Tulsa, City Hall, 200 Civic Center, Tulas, OK 74103	Nov. 5, 2003	405381
Texas:
Johnson (Case No. 03-06-1544P)	City of Burleson	December 3, 2003, December 10, 2003, The Burleson Star	The Honorable Byron Black, Mayor, City of Burleson, 141 West Renfo, Burleson, TX 76028	Mar. 10, 2004	485459
Dallas (Case No. 03-06-838P)	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	Oct. 30, 2003	480167
Harris (Case No. 03-06-405P)	Unincorporated Areas	November 11, 2003, November 18, 2003, The Houston Chronicle	The Honorable Robert A. Eckels, Judge, Harris County, 1001 Preston, Suite 911, Houston, TX 77002	Feb. 17, 2004	480287
Hidalgo (Case No. 03-06-1738P)	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	Mar. 17, 2004	480334
Harris (Case No. 03-06-405P)	City of Houston	November 11, 2003, November 18, 2003, The Houston Chronicle	The Honorable Lee P. Brown, Mayor, City of Houston, P.O. Box 1562, Houston, TX 77251	Feb. 17, 2004	480296
Hays (Case No. 03-06-1735P)	City of Kyle	December 10, 2003, December 17, 2003, The Kyle Eagle	The Honorable James L. Adkins, Mayor, City of Kyle, 300 West Center, Kyle TX 78640	Nov. 17, 2003	480108
Hidalgo (Case No. 03-06-1738P)	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	Mar. 17, 2004	480341
Midland (Case No. 03-06-2541P)	City of Midland	November 12, 2003, November 19, 2003, Midland Reporter-Telegram	The Honorable Michael J. Canon, Mayor, City of Midland, 300 North Loraine, Midland, TX 79701	Oct. 21, 2003	480477
Harris (Case No. 03-06-1531P)	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	Feb. 17, 2004	480307
Dallas (Case No. 03-06-427P)	City of Richardson	December 4, 2003, December 11, 2003, The Richardson Morning News	The Honorable Gary A. Slagel, Mayor, City of Richardson, P.O. Box 830309, Richardson, TX 75083-0309	Nov. 12, 2003	480184
Bexar (Case No. 03-06-039P)	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	Mar. 12, 2004	480045

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

Dated: February 3, 2004.

Anthony S. Lowe,

Mitigation Division Director, Emergency Preparedness and Response Directorate.