

[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.

0
Accordingly, 44 CFR part 65 is amended to read as follows:

PART 65--[AMENDED]

0
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]

0
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]

BILLING CODE 9110-12-P
