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Rule

Changes in Flood Elevation Determinations

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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.

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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.

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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 No.
Illinois:
Kane (Case No. 04-05-2895P) (FEMA Docket No. P-7642)City of AuroraNovember 10, 2004, November 17, 2004, Kane County ChronicleThe Honorable David L. Stover, Mayor, City of Aurora, 44 East Downer Place, Aurora, IL 60507February 16, 2005170320
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Will (Case No. 04-05-3544P) (FEMA Docket No. P-7642)Village of BolingbrookJanuary 28, 2005, February 4, 2005, The Bolingbrook SunThe Honorable Roger C. Claar, Mayor, Village of Bolingbrook, 375 West Briarcliff Road, Bolingbrook, IL 60440January 13, 2005170812
Cook (Case No. 03-05-3975P) (FEMA Docket No. P-7642)Unincorporated AreasDecember 2, 2004, December 9, 2004, The Chicago TribuneThe Honorable John Stroger, Jr., President, Cook County Board of Commissioners, 118 N. Clark Street, Room 537, Chicago, IL 60602March 10, 2005170054
Will (Case No. 04-05-4065P) (FEMA Docket No. P-7642)City of JolietFebruary 3, 2005, February 10, 2005, Farmers Weekly ReviewThe Honorable Arthur Schultz, Mayor, City of Joliet, 150 West Jefferson Street, Joliet, IL 60432January 13, 2005170702
Winnebago (Case No. 04-05-2896P) (FEMA Docket No. P-7642)City of Love's ParkJanuary 24, 2005, January 31, 2005, The Rockford Register StarThe Honorable Darryl F. Lindberg, Mayor, City of Loves Park, 100 Heart Boulevard, Loves Park, IL 61111January 14, 2005170722
Will (Case No. 04-05-3549P) (FEMA Docket No. P-7642)Village of MokenaDecember 2, 2004, December 9, 2004, The Lincoln-Way SunThe Honorable Robert Chiszar, Mayor, Village of Mokena, 11004 Carpenter Street, Mokena, IL 60448March 10, 2005170705
Cook (Case No. 03-05-3975P) (FEMA Docket No. P-7642)Village of Orland ParkDecember 2, 2004, December 9, 2004, The Orland Township MessengerThe Honorable Dan McLaughlin, Mayor, City of Orland Park, 14700 South Ravinia Avenue, Orland Park, IL 60462March 10, 2005170140
Cook (Case No. 03-05-3975P) (FEMA Docket No. P-7642)Village of Tinley ParkDecember 2, 2004, December 9, 2004, The StarThe Honorable Edward Zabrocki, Mayor, Village of Tinley Park, 16250 S. Oak Park Avenue, Tinley Park, IL 60477March 10, 2005170169
Will (Case No. 04-05-3560P) (FEMA Docket No. P-7642)Unincorporated AreasJanuary 5, 2005, January 12, 2005, The Herald NewsThe Honorable Lawrence Walsh, Will County Executive, Will County Office Building, 302 North Chicago Street, Joliet, IL 60432December 13, 2004170695
Winnebago (Case No. 04-05-2876 (FEMA Docket No. P-7642)Unincorporated AreasJanuary 24, 2005, January 31, 2005, The Rockford Register StarMr. Scott Christiansen, Chairman, Winnebago County Board, 404 Elm Street, Rockford, IL 61101January 14, 2005170720
Michigan:
Macomb (Case No. 04-05-2345P) (FEMA Docket No. P-7642)Township of ShelbyJanuary 24, 2005, January 31, 2005, The Macomb DailyMr. Ralph L. Maccarone, Township Supervisor, Township of Shelby, 52700 Van Dyke Avenue, Shelby Township, MI 48316January 11, 2005260126
Macomb (Case No. 04-05-2879P) (FEMA Docket No. P-7642)City of Sterling HeightsJanuary 12, 2005, January 19, 2005, Sterling Heights SentryThe Honorable Richard J. Nottle, Mayor, City of Sterling Heights, 40555 Utica Road, Sterling Heights, MI 48311December 21, 2004260128
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Minnesota: Dakota (Case No. 04-05-2882P) (FEMA Docket No. P-7642)City of BurnsvilleDecember 2, 2004, December 9, 2004, Dakota County TribuneThe Honorable Elizabeth Kautz, Mayor, City of Burnsville, 100 Civic Center Parkway, Burnsville, MN 55337March 10, 2005270102
Missouri:
Clay (Case No. 04-07-531P) (FEMA Docket No. P-7642)Village of ClaycomoDecember 15, 2004, December 22, 2004, Dispatch TribuneThe Honorable Lois Anderson, Village Administrator and Floodplain Administrator, Village of Claycomo, 115 East Highway 69, Claycomo, MO 64119March 23, 2005290089
St. Charles (Case No. 03-07-886P) (FEMA Docket No. P-7462)City of O'FallonDecember 29, 2004, January 5, 2005, The O'Fallon JournalThe Honorable Paul F. Renaud, Mayor, City of O'Fallon, O'Fallon Municipal Centre, 100 North Main Street, O'Fallon, MO 63366April 6, 2005290316
New Mexico: Bernalillo (Case No. 04-06-1904P) (FEMA Docket No. P-7642)City of AlbuquerqueJanuary 21, 2005, January 28, 2005, The Albuquerque JournalThe Honorable Martin Chavez, Mayor, City of Albuquerque, City/County Building, 11th Floor, One Civic Plaza NW, Albuquerque, NM 87103January 12, 2005350002
Ohio: Shelby (Case No. 04-05-3548P) (FEMA Docket No. P-7642)Unincorporated AreasDecember 22, 2004, December 29, 2004, The Sidney Daily NewsThe Honorable John D. Schmitt, Shelby County Judge, Shelby County Courthouse, P.O. Box 947, Sidney, OH 45365March 30, 2005390503
Oklahoma:
Tulsa (Case No. 03-06-1547P) (FEMA Docket No. P-7642)City of OwassoDecember 9, 2004, December 16, 2004, Owasso ReporterThe Honorable Susan Kimball, Mayor, City of Owasso, P.O. Box 180, Owasso, OK 74055November 23, 2004400210
Tulsa (Case No. 03-06-1547P) (FEMA Docket No. P-7642)Unincorporated AreasDecember 9, 2004, December 16, 2004, Tulsa WorldThe Hon. Wilbert E. Collins, Sr., Chairman, Tulsa County, Board of Commissioners, 500 South Denver, Tulsa, OK 74103November 23, 2004400462
Texas:
Parker (Case No. 04-06-1202P) (FEMA Docket No. P-7642)City of AledoDecember 13, 2004, December 20, 2004, The Weatherford DemocratThe Honorable Susan Langley, Mayor, City of Aledo, 100 Sanchez Trail, Aledo, TX 76008March 21, 2005481659
Travis (Case No. 03-06-2670P) (FEMA Docket No. P-7642)City of AustinDecember 15, 2004, December 22, 2004, Austin American StatesmanThe Honorable Will Wynn, Mayor, City of Austin, P.O. Box 1088, Austin, TX 78767March 23, 2005480624
Hays (Case No. 04-06-1001P) (FEMA Docket No. P-7642)City of BudaJanuary 6, 2005, January 13, 2005, The Free PressThe Honorable John Trube, Mayor, City of Buda, P.O. Box 1218, Buda, TX 78610April 14, 2005481640
Denton (Case No. 04-06-1463P) (FEMA Docket No. P-7642)City of CorinthJanuary 18, 2005, January 25, 2005, Denton Record ChronicleThe Honorable Vic Burgess, Mayor, City of Corinth, 3300 Corinth Parkway, Corinth, TX 76208April 26, 2005481143
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Tarrant (Case No. 04-06-1204P) (FEMA Docket No. P-7642)City of CrowleyDecember 13, 2004, December 20, 2004, The Star TelegramThe Honorable Billy Davis, Mayor, City of Crowley, 120 North Hampton Road, Crowley, TX 76036March 21, 2005480591
Denton (Case No. 03-06-2687P) (FEMA Docket No. P-7642)City of The ColonyJanuary 26, 2005, February 2, 2005, The Colony Courier LeaderThe Honorable John Dillard, Mayor, City of The Colony, City Hall 6800 Main Street, The Colony, TX 75056February 14, 2005481581
Dallas (Case No. 04-06-867P) (FEMA Docket No. P-7642)City of DallasDecember 22, 2004, December 29, 2004, Dallas Morning NewsThe Honorable Laura Miller, Mayor, City of Dallas, Dallas City Hall, 1500 Marilla Street, Room 5EN, Dallas, TX 75201-6390March 30, 2005480171
Fort Bend (Case No. 04-06-2152P) (FEMA Docket No. P-7642)Unincorporated AreasJanuary 26, 2005, February 2, 2005, Fort Bend StarThe Honorable Robert E. Hebert, Judge, Fort Bend County, 301 Jackson Street, Suite 719, Richmond, TX 77469January 14, 2005480228
Tarrant (Case No. 04-06-1204P) (FEMA Docket No. P-7642)City of Fort WorthDecember 13, 2004, December 20, 2004, The Star TelegramThe Honorable Michael Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102March 21, 2005480596
Hays (Case No. 04-06-1001P) (FEMA Docket No. P-7642)Unincorporated AreasJanuary 6, 2005, January 13, 2005, The Free PressThe Honorable Jim Powers, Judge, Hays County, 111 E. San Antonio Street, Suite 300, San Marcos, TX 78666April 14, 2005480321
Tarrant (Case No. 03-05-1850P) (FEMA Docket No. P-7640)City of HurstOctober 1, 2004, October 8, 2004, The Star TelegramThe Honorable Richard Ward, Mayor, City of Hurst, 1505 Precinct Line Road, Hurst, TX 76054October 7, 2004480601
Fort Bend Harris and Waller (Case No. 04-06-2152P) (FEMA Docket No. P-7642)City of KatyJanuary 26, 2005, February 2, 2005, The Katy TimesThe Honorable Doyle Callender, Mayor, City of Katy, 910 Avenue C, Katy, TX 77493January 14, 2005480301
Parker (Case No. 04-06-1202P) (FEMA Docket No. P-7642)Unincorporated AreasDecember 13, 2004, December 20, 2004, The Weatherford DemocratThe Honorable Mark Riley, Judge, Parker County, 1 Courthouse Square, Weatherford, TX 76086March 21, 2005480520
Waller (Case No. 04-06-2152P) (FEMA Docket No. P-7642)Unincorporated AreasJanuary 27, 2005, February 3, 2005, Waller County News CitizenThe Honorable Owen Ralston, Judge, Waller County, 836 Austin Street, Room 203, Hempstead, TX 77445January 14, 2005480460
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(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”)

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Dated: July 7, 2005.

David I. Maurstad,

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

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[FR Doc. 05-13931 Filed 7-14-05; 8:45 am]

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