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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.

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.

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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.
Arkansas: Sebastian, Case Number: 04-06-0667P; FEMA Docket No.: P 7644City of Fort SmithMarch 22, 2005; March 29, 2005; Southwest Times RecordThe Honorable C. Ray Baker, Jr. Mayor, City of Fort Smith, 4420 Victoria Drive, Fort Smith, Arkansas 72904June 28, 2005055013
Illinois: Cook, Case Number: 03-05-3983P; FEMA Docket No.: P7644Village of Orland ParkMarch 17, 2005; March 24, 2005; Orland Park StarThe Hon. Daniel J. McLaughlin Mayor, Village of Orland Park, 14700 South Ravinia Avenue, Orland Park, Illinois 60462February 28, 2005170140
Illinois: Will, Case Number: 04-05-3555P; FEMA Docket No.: P7644Village of RockdaleFebruary 21, 2005; February 28, 2005; The Herald NewsThe Honorable Henry Berry, President, Village of Rockdale, 603 Otis Avenue, Rockdale, Illinois 60436May 30, 2005170710
Minnesota: Dakota, Case Number: 04-05-2890P; FEMA Docket No.: P7644Unincorporated AreasMarch 3, 2005; March 10, 2005; Dakota Country TribuneMr. Brandt Richardson, Administrator, Dakota County, Dakota County Administration Bldg., 1590 Highway 55, Hastings, Minnesota 55033-2372June 9, 2005270101
Minnesota: Washington and Dakota, Case Number: 04-05-2890P; FEMA Docket No.: P7644City of HastingsMarch 3, 2005; March 10, 2005; Dakota County TribuneThe Honorable Michael Werner, Mayor, City of Hastings, 100 East 4th Street, Hastings, MN 55033June 9, 2005270105
Minnesota: Washington, Case Number 04-05-4071P; FEMA Docket No.: P7644City of HugoApril 13, 2005; April 20, 2005; The White Bear PressThe Honorable Fran Miron, Mayor, City of Hugo, 15250 Homestead Avenue North, Hugo, Minnesota 55038March 29, 2005270504
Missouri: Cape Girardeau, Case Number: 04-07-533P; FEMA Docket No.: P7644City of Cape GirardeauMarch 22, 2005; March 29, 2005; Southeast MissourianThe Honorable Jay Knudtson Mayor, City of Cape Girardeau, City Hall, 401 Independence Street, Cape Girardeau, Missouri 63705March 3, 2005290458
Missouri: Cape Girardeau, Case Number: 04-07-533P; FEMA Docket No.: P7644Unincorporated AreasMarch 22, 2005; March 29, 2005; Southeast MissourianMr. Gerald Jones, Presiding Commissioner, Cape Girardeau County Commission, 1 Barton Square, Jackson, Missouri 63755April 4, 2005290790
Missouri: St. Louis, Case Number: 04-07-050P; FEMA Docket No.: P7644City of FergusonMarch 23, 2005; March 30, 2005; St. Louis Post DispatchThe Honorable Steven Wegert, Mayor, City of Ferguson, 110 Church Street, Ferguson, Missouri 63135June 29, 2005290351
Missouri: St. Louis, Case Number: 04-07-050P; FEMA Docket No.: P7644Unincorporated AreasMarch 23, 2005; March 30, 2005; St. Louis DispatchMr. Charlie A. Dooley, St. Louis County Executive, 41 South Central Avenue, Clayton, Missouri 63105June 29, 2005290327
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New Mexico: Bernalillo, Case Number: 04-06-2142P; FEMA Docket No.: P7644Unincorporated AreasApril 20, 2005; April 27, 2005; The Albuquerque JournalMr. Tom Rutherford, Commissioner, Bernalillo County, One Civic Plaza, N.W., Albuquerque, New Mexico 87102July 27, 2005350001
Ohio: Lorain, Case Number: 04-05-4063P; FEMA Docket No.: P7644Unincorporated AreasApirl 6, 2005; April 13, 2005; The Morning JournalThe Honorable James R. Cordes, Lorain County Administrator, 226 Middle Avenue, Elyria, Ohio 44035July 13, 2005390346
Oklahoma: Oklahoma, Case Number: 04-06-1925P; FEMA Docket No.: P7644City of Oklahoma CityFebruary 16, 2005; February 23, 2005; The Daily OklahomanThe Honorable Mick Cornett, Mayor, City of Oklahoma City, 200 North Walker, 3rd Floor, Oklahoma City, Oklahoma 73102February 2, 2005405378
Texas: Taylor and Jones, Case Number: 04-06-1912P; FEMA Docket No.: P7644City of AbilineMarch 2, 2005; March 9, 2005; The Abilene Reporter-NewsThe Honorable Grady Barr, Mayor, City of Abilene, Post Office Box 60, Abilene, Texas 79604February 8, 2005485450
Texas: Collin, Case Number: 04-06-573P; FEMA Docket No.: P7644City of AllenMarch 3, 2005; March 10, 2005; The Allen AmericanThe Honorable Steve Terrell, Mayor, City of Allen, 305 Century Parkway, Allen, Texas 75013February 9, 2005480131
Texas: Tarrant, Case Number: 04-06-1206P; FEMA Docket No.: P7644City of Forth WorthFebruary 18, 2005; February 25, 2005; The Star TelegramThe Hon. Michael J. Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102-6311May 27, 2005480596
Texas: Collin, Case Number: 03-06-2038P; FEMA Docket No.: P7644City of FriscoAugust 6, 2004; August 13, 2004; The Frisco EnterpriseThe Honorable Mike Simpson, Mayor, City of Frisco, 6891 Main Street, Frisco, Texas 75034July 21, 2004480134
Texas: Collin, Case Number: 04-06-868P; FEMA Docket No.: P7644City of FriscoFebruary 25, 2005; March 4, 2005; The Frisco EnterpriseThe Honorable Mike Simpson, Mayor, City of Frisco, 6891 Main Street, Frisco, Texas 75034June 3, 2005480134
Texas: Hays, Case Number: 04-06-1456P; FEMA Docket No.: P7644Unincorporated AreasApril 14, 2005; April 21, 2005; San Marcos Daily RecordThe Honorable Jim Powers, Judge, Hays County, 111 East San Antonio Street, Suite 300, San Marcos, Texas 78666March 31, 2005480321
Texas: Ellis, Case Number: 04-06-1901P; FEMA Docket No.: P7644City of MidlothianMarch 30, 2005; April 6, 2005; The Midlothian MirrorThe Honorable David Setzer, Mayor, City of Midlothian, 104 West Avenue East, Midlothian, Texas 76065March 15, 2005480801
Texas: Comal & Guadalupe, Case Number: 04-06-1906P; FEMA Docket No.: P7644City of New BraunfelsFebruary 23, 2005; March 2, 2005; New Braunfels, Herald-ZeitungThe Honorable Adam Cork, Mayor, City of New Braunfels, Post Office box 311747, New Braunfels, Texas 78131-1747June 1, 2005485493
Texas: Parker, Case Number: 04-06-1004P; FEMA Docket No.: P7644Unincorporated AreasFebruary 16, 2005; February 23, 2005; The Weatherford DemocratThe Honorable Mark Riley, Parker County Judge, One Courthouse Square, Weatherford, TX 76086May 25, 2005480520
Texas: Collin, Case Number: 04-06-0150P; FEMA Docket No.: P7644City of PlanoMarch 23, 2005; March 30, 2005; The Plano Star CourierThe Honorable Pat Evans, Mayor, City of Plano, Post Office Box 860358. Plans, Texas 75086-0358June 29, 2005480140
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Texas: Parker, Case Number: 04-06-1004P; FEMA Docket No.: P7644City of WeatherfordFebruary 16, 2005; February 23, 2005; The Weatherford DemocratThe Honorable Joe M. Tison, Mayor, City of Weatherford, One Courthouse Square, Weatherford, Texas 76086May 25, 2005480522
Texas: Tarrant, Case Number: 04-06-1206P; FEMA Docket No.: P7644Village of WestworthFebruary 18, 2005; February 25, 2005; The Star TelegramThe Honorable Any Fontenot, Mayor, Village of Westworth Village, 311 Burton Hill Road, Fort Worth, Texas 76114May 27, 2005480616
Texas: Williamson, Case Number: 04-06-1455P; FEMA Docket No.: P7644Unincorporated AreasMarch 2, 2005; March 9, 2005; Williamson County SunThe Honorable John C. Doerfler, Judge, Williamson County, 710 Main Street, Suite 201, Georgetown, Texas 78626February 8, 2005481079
Texas: Parker, Case Number: 04-06-1004P; FEMA Docket No.: P7644City of Willow ParkFebruary 16, 2005; February 23, 2005; The Weatherford DemocratThe Hon. James H. Poythress, Mayor, City of Willow Park, 101 Stagecoach Trail, Willow Park, Texas 76087May 25, 2005481164
Wisconsin: Fond du Lac, Case Number: 04-05-4086P; FEMA Docket No.: P7644City of Fond du LacMarch 2, 2005; March 9, 2005; The ReporterMr. Tom W. Ahrens, City Manager, City of Fond du Lac, 160 South Macy Street, Fond du Lac, Wisconsin 54935June 8, 2005550136
Wisconsin: Fond du Lac, Case Number: 04-05-4086P; FEMA Docket No.: P7644Unincorporated AreasMarch 2, 2005; March 9, 2005; The ReporterMr. Alen J. Buechel, Fond du Lac County Executive, 160 South Macy Street, Fond du Lac, Wisconsin 54935June 8, 2005550131
Wisconsin: Manitowoc, Case Number: 04-05-4084P; FEMA Docket No.: P7644Unincorporated AreasMarch 2, 2005; March 9, 2005; Herald Times ReporterThe Honorable Paul Hansen, Manitowoc County Board Chairman, Administrative Office Building, 1110 South 9th Street, Manitowoc, Wisconsin 54220June 8, 2005550236
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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.

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[FR Doc. 05-19816 Filed 10-3-05; 8:45 am]

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