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Rule

Changes in Flood Elevation Determinations

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Information about this document as published in the Federal Register.

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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.

Start Further Info

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.

End Further Info End Preamble Start Supplemental Information

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.

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List of Subjects in 44 CFR Part 65

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Accordingly,

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PART 65—[AMENDED]

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1. The authority citation for Part 65 continues to read as follows:

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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.

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

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State and countyLocationDates and names of newspaper where notice was publishedChief executive officer of communityEffective date of modificationCommunity number
Arkansas: Pulaski (Case No.: 03-06-1726P) (FEMA Docket No. P-7634)City of Little RockJanuary 28, 2004, February 4, 2004, Arkansas Democrat GazetteThe Honorable Jim Dailey, Mayor, City of Little Rock, Little Rock City Hall, Room 203, 500 West Markham, Little Rock, AR 72201January 7, 2004050181
Illinois: Kane and Cook (Case No.: 03-05-3985P) (FEMA Docket No. P-7634)City of ElginJanuary 14, 2004, January 21, 2004, The Daily HeraldThe Honorable Ed Schock, Mayor, City of Elgin, 150 Dexter Court, Elgin, IL 60120December 15, 2003170087
Illinois: Kane (Case No.: 03-05-3985P) (FEMA Docket No. P-7634)Unincorporated AreasJanuary 14, 2004, January 21, 2004, The Daily HeraldMr. Michael W. McCoy, Chairman, Kane County, Kane County Government Center, 719 South Batavia Avenue, Bldg. A, Geneva, IL 60134December 15, 2003170896
Illinois: Will (Case No.: 03-05-3973P) (FEMA Docket No. P-7634)Village of PlainfieldJanuary 21, 2004, January 28, 2004, The EnterpriseThe Honorable Richard Rock, Mayor, Village of Plainfield, 530 West Lockport Street, Suite 206, Plainfield, IL 60544January 5, 2004170771
Illinois: Randolph (Case No.: 03-05-4001P) (FEMA Docket No. P-7634)Village of Prairie du RocherFebruary 5, 2004, February 12, 2004, North County NewsMr. Larry Durbin, President, Village of Prairie du Rocher, P.O. Box 325, Prairie du Rocher, IL 62277May 13, 2004170578
Illinois: Randolph (Case No.: 03-05-4001P) (FEMA Docket No. P-7634)Unincorporated AreasFebruary 5, 2004, February 12, 2004, The County JournalMr. Terry Moore, Randolph County Commissioner, #1 Taylor Street, Chester, IL 62233May 13, 2004170575
Illinois: McHenry (Case No.: 03-05-1458P) (FEMA Docket No. P-7634)Village of Spring GroveJanuary 8, 2004, January 15, 2004, The Northwest HeraldMr. Robert Martens, Village President, Village of Spring Grove, 7401 Meyer Road, Spring Grove, IL 60081December 11, 2003170485
Illinois: Will (Case No.: 03-05-3973P) (FEMA Docket No. P-7634)Unincorporated AreasJanuary 21, 2004, January 28, 2004, The EnterpriseMr. Joseph Mikan, Executive, Will County, Will County Office Building, 302 North Chicago Street, Joliet, IL 60432Janaury 5, 2004170695
Missouri: Ste. Genevieve (Case No.: 03-07-1278P) (FEMA Docket No. P-7634)City of Ste. GenevieveFebruary 4, 2004, February 11, 2004, Ste. Genevieve HeraldThe Hon. Richard Greminger, Mayor, City of Ste. Genevieve, 165 South 4th Street, Ste. Genevieve, MO 63670May 12, 2004290325
Missouri: Ste. Genevieve (Case No.: 03-07-1278P) (FEMA Docket No. P-7634)Unincorporated AreasFebruary 4, 2004, February 11, 2004, Ste. Genevieve HeraldMr. Albert Fults, Presiding Commissioner, Ste. Genevieve County, 55 South 3rd Street, Ste. Genevieve, MO 63670May 12, 2004290833
New Mexico: Bernalillo (Case No.: 03-06-1727P) (FEMA Docket No. P-7634)City of AlbuquerqueJanuary 14, 2004, January 21, 2004, Albuquerque JournalThe Honorable Martin Chavez, Mayor, City of Albuquerque, P.O. Box 1293, Albuquerque, NM 87103April 21, 2004350002
New Mexico: Bernalillo (Case No.: 03-06-2543P) (FEMA Docket No. P-7634)City of AlbuquerqueJanuary 13, 2004, January 20, 2004, Albuquerque JournalThe Honorable Martin Chavez, Mayor, City of Albuquerque, P.O. Box 1293, Albuquerque, NM 87103December 16, 2003350002
Oklahoma: Cleveland (Case No.: 02-06-1713P) (FEMA Docket No. P-7634)City of NormanJanuary 7, 2004, January 14, 2004, The Norman TranscriptThe Honorable Ron Henderson, Mayor, City of Norman, 2143 Jackson Drive, Norman, OK 73071April 14, 2004400046
Oklahoma: Tulsa (Case No.: 03-06-831P) (FEMA Docket No. P-7632)City of TulsaNovember 18, 2003, November 25, 2003, Tulsa WorldThe Honorable Bill LaFortune, Mayor, City of Tulsa, 200 Civic Center, Tulsa, OK 74103November 5, 2003405381
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Texas: Tarrant (Case No.: 04-06-383P) (FEMA Docket No. P-7634)City of BedfordJanuary 29, 2004, February 5, 2004, The Star TelegramThe Honorable John Williams, Mayor, City of Bedford, 1813 Reliance Parkway, Bedford, TX 76021May 6, 2004480585
Texas: Dallas (Case No.: 03-06-699P) (FEMA Docket No. P-7634)City of CarrolltonJanuary 14, 2004, January 21, 2004, The Carrollton LeaderThe Honorable Mark Stokes, Mayor, City of Carrollton, 1945 East Jackson Road, Carrollton, TX 75006April 21, 2004480167
Texas: Collin (Case No.: 03-06-677P) (FEMA Docket No. P-7634)Unincorporated AreasFebruary 11, 2004, February 18, 2004, Plano Star CourierThe Honorable Ron Harris, Collin County Judge, 210 S. McDonald Street, Suite 626, McKinney, TX 75069May 19, 2004480130
Texas: Hidalgo (Case No.: 03-06-1004P) (FEMA Docket No. P-7634)City of EdinburgJanuary 9, 2004, January 16, 2004, Edinburg Daily ReviewThe Honorable Richard H. Garcia, Mayor, City of Edinburg, P.O. Box 1079, Edinburg, TX 78540-1079December 16, 2003480338
Texas: Tarrant (Case No.: 03-06-1206P) (FEMA Docket No. P-7628)City of Fort WorthAugust 22, 2003, August 29, 2003, The Star TelegramThe Honorable Michael Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102-6311November 28, 2003480596
Texas: Williamson (Case No.: 03-06-695P) (FEMA Docket No. P-7628)City of GeorgetownAugust 20, 2003, August 27, 2003, Williamson County SunThe Honorable Gary Nelon, Mayor, City of Georgetown, P.O. Box 409, Georgetown, TX 78627November 26, 2003480668
Texas: Dallas (Case No.: 03-06-700P) (FEMA Docket No. P-7634)City of MesquiteJanuary 7, 2004, January 14, 2004, The Mesquite NewsThe Honorable Mike Anderson, Mayor, City of Mesquite, P.O. Box 850137, Mesquite, TX 75185April 14, 2004485490
Texas: Midland (Case No.: 03-06-2541P) (FEMA Docket No. P-7632)City of MidlandNovember 12, 2003, November 19, 2003, Midland Reporter-TelegramThe Honorable Michael J. Canon, Mayor, City of Midland, 300 North Loraine, Midland, TX 79701October 21, 2003480477
Texas: Collin (Case No.: 03-06-685P) (FEMA Docket No. P-7634)City of PlanoJanuary 7, 2004, January 14, 2004, Plano Star CourierThe Honorable Pat Evans, Mayor, City of Plano, P.O. Box 860358, Plano, TX 75086-0358December 16, 2003480140
Texas: Bell (Case No.: 02-06-2439P) (FEMA Docket No. P-7634)City of TempleJanuary 6, 2004, January 13, 2004, Temple Daily TelegramThe Honorable Bill Jones, III, Mayor, City of Temple, 2 North Main Street, Temple, TX 76501April 13, 2004480034
Texas: Williamson (Case No.: 03-06-695P) (FEMA Docket No. P-7628)Unincorporated AreasAugust 20, 2003, August 27, 2003, Williamson County SunThe Honorable John C. Doerfler, Judge, Williamson County, 710 Main Street, Suite 201, Georgetown, TX 78616November 26, 2003481079
Texas: Collin (Case No.: 03-06-677P) (FEMA Docket No. P-7634)City of WylieFebruary 11, 2004, February 18, 2004, The Wylie NewsThe Honorable John Mondy, Mayor, City of Wylie, 2000 State Highway 78 North, Wylie, TX 75098May 19, 2004480759
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(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”)

Dated: July 28, 2004.

David I. Maurstad,

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

End Signature End Supplemental Information

[FR Doc. 04-17963 Filed 8-5-04; 8:45 am]

BILLING CODE 9110-12-P