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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

CFR Citation: 44 CFR Part 65

NOTICE: RULES

ACTION: Flood elevation determinations:

DOCUMENT ACTION: Final rule.

SUBJECT CATEGORY: Changes in Flood Elevation Determinations

DOCUMENT 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.

SUMMARY: Various States,

SUPPLEMENTAL 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. List of Subjects in 44 CFR Part 65

Flood insurance, Floodplains, Reporting and recordkeeping requirements.
[[Page 57789]]
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.
Sec. 65.4 [Amended]
2. The tables published under the authority of Sec. 65.4 are amended as follows:
Dates and names of State and county Location newspaper where Chief executive officer Effective date of modification Community No. notice was published of community Arkansas: Sebastian, Case Number: City of Fort Smith.. March 22, 2005; The Honorable C. Ray June 28, 2005................. 055013 04060667P; FEMA Docket No.: P March 29, 2005; Baker, Jr. Mayor, City 7644. Southwest Times of Fort Smith, 4420 Record. Victoria Drive, Fort Smith, Arkansas 72904. Illinois: Cook, Case Number: 03 Village of Orland March 17, 2005; The Hon. Daniel J. February 28, 2005............. 170140 053983P; FEMA Docket No.: P7644. Park. March 24, 2005; McLaughlin Mayor, Orland Park Star. Village of Orland Park, 14700 South Ravinia Avenue, Orland Park, Illinois 60462. Illinois: Will, Case Number: 04 Village of Rockdale. February 21, 2005; The Honorable Henry May 30, 2005.................. 170710 053555P; FEMA Docket No.: P7644. February 28, 2005; Berry, President, The Herald News. Village of Rockdale, 603 Otis Avenue, Rockdale, Illinois 60436. Minnesota: Dakota, Case Number: Unincorporated Areas March 3, 2005; March Mr. Brandt Richardson, June 9, 2005.................. 270101 04052890P; FEMA Docket No.: 10, 2005; Dakota Administrator, Dakota P7644. Country Tribune. County, Dakota County Administration Bldg., 1590 Highway 55, Hastings, Minnesota 550332372. Minnesota: Washington and Dakota, City of Hastings.... March 3, 2005; March The Honorable Michael June 9, 2005.................. 270105 Case Number: 04052890P; FEMA 10, 2005; Dakota Werner, Mayor, City of Docket No.: P7644. County Tribune. Hastings, 100 East 4th Street, Hastings, MN 55033. Minnesota: Washington, Case City of Hugo........ April 13, 2005; The Honorable Fran Miron, March 29, 2005................ 270504 Number 04054071P; FEMA Docket April 20, 2005; The Mayor, City of Hugo, No.: P7644. White Bear Press. 15250 Homestead Avenue North, Hugo, Minnesota 55038. Missouri: Cape Girardeau, Case City of Cape March 22, 2005; The Honorable Jay March 3, 2005................. 290458 Number: 0407533P; FEMA Docket Girardeau. March 29, 2005; Knudtson Mayor, City of No.: P7644. Southeast Cape Girardeau, City Missourian. Hall, 401 Independence Street, Cape Girardeau, Missouri 63705. Missouri: Cape Girardeau, Case Unincorporated Areas March 22, 2005; Mr. Gerald Jones, April 4, 2005................. 290790 Number: 0407533P; FEMA Docket March 29, 2005; Presiding Commissioner, No.: P7644. Southeast Cape Girardeau County Missourian. Commission, 1 Barton Square, Jackson, Missouri 63755. Missouri: St. Louis, Case Number: City of Ferguson.... March 23, 2005; The Honorable Steven June 29, 2005................. 290351 0407050P; FEMA Docket No.: March 30, 2005; St. Wegert, Mayor, City of P7644. Louis Post Dispatch. Ferguson, 110 Church Street, Ferguson, Missouri 63135. Missouri: St. Louis, Case Number: Unincorporated Areas March 23, 2005; Mr. Charlie A. Dooley, June 29, 2005................. 290327 0407050P; FEMA Docket No.: March 30, 2005; St. St. Louis County P7644. Louis Dispatch. Executive, 41 South Central Avenue, Clayton, Missouri 63105. [[Page 57790]]
New Mexico: Bernalillo, Case Unincorporated Areas April 20, 2005; Mr. Tom Rutherford, July 27, 2005................. 350001 Number: 04062142P; FEMA Docket April 27, 2005; The Commissioner, Bernalillo No.: P7644. Albuquerque Journal. County, One Civic Plaza, N.W., Albuquerque, New Mexico 87102. Ohio: Lorain, Case Number: 0405 Unincorporated Areas Apirl 6, 2005; April The Honorable James R. July 13, 2005................. 390346 4063P; FEMA Docket No.: P7644. 13, 2005; The Cordes, Lorain County Morning Journal. Administrator, 226 Middle Avenue, Elyria, Ohio 44035. Oklahoma: Oklahoma, Case Number: City of Oklahoma February 16, 2005; The Honorable Mick February 2, 2005.............. 405378 04061925P; FEMA Docket No.: City. February 23, 2005; Cornett, Mayor, City of P7644. The Daily Oklahoman. Oklahoma City, 200 North Walker, 3rd Floor, Oklahoma City, Oklahoma 73102. Texas: Taylor and Jones, Case City of Abiline..... March 2, 2005; March The Honorable Grady Barr, February 8, 2005.............. 485450 Number: 04061912P; FEMA Docket 9, 2005; The Mayor, City of Abilene, No.: P7644. Abilene Reporter Post Office Box 60, News. Abilene, Texas 79604. Texas: Collin, Case Number: 0406 City of Allen....... March 3, 2005; March The Honorable Steve February 9, 2005.............. 480131 573P; FEMA Docket No.: P7644. 10, 2005; The Allen Terrell, Mayor, City of American. Allen, 305 Century Parkway, Allen, Texas 75013. Texas: Tarrant, Case Number: 04 City of Forth Worth. February 18, 2005; The Hon. Michael J. May 27, 2005.................. 480596 061206P; FEMA Docket No.: P7644. February 25, 2005; Moncrief, Mayor, City of The Star Telegram. Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102 6311. Texas: Collin, Case Number: 0306 City of Frisco...... August 6, 2004; The Honorable Mike July 21, 2004................. 480134 2038P; FEMA Docket No.: P7644. August 13, 2004; Simpson, Mayor, City of The Frisco Frisco, 6891 Main Enterprise. Street, Frisco, Texas 75034. Texas: Collin, Case Number: 0406 City of Frisco...... February 25, 2005; The Honorable Mike June 3, 2005.................. 480134 868P; FEMA Docket No.: P7644. March 4, 2005; The Simpson, Mayor, City of Frisco Enterprise. Frisco, 6891 Main Street, Frisco, Texas 75034. Texas: Hays, Case Number: 0406 Unincorporated Areas April 14, 2005; The Honorable Jim Powers, March 31, 2005................ 480321 1456P; FEMA Docket No.: P7644. April 21, 2005; San Judge, Hays County, 111 Marcos Daily Record. East San Antonio Street, Suite 300, San Marcos, Texas 78666. Texas: Ellis, Case Number: 0406 City of Midlothian.. March 30, 2005; The Honorable David March 15, 2005................ 480801 1901P; FEMA Docket No.: P7644. April 6, 2005; The Setzer, Mayor, City of Midlothian Mirror. Midlothian, 104 West Avenue East, Midlothian, Texas 76065. Texas: Comal & Guadalupe, Case City of New February 23, 2005; The Honorable Adam Cork, June 1, 2005.................. 485493 Number: 04061906P; FEMA Docket Braunfels. March 2, 2005; New Mayor, City of New No.: P7644. Braunfels, Herald Braunfels, Post Office Zeitung. box 311747, New Braunfels, Texas 78131 1747. Texas: Parker, Case Number: 0406 Unincorporated Areas February 16, 2005; The Honorable Mark Riley, May 25, 2005.................. 480520 1004P; FEMA Docket No.: P7644. February 23, 2005; Parker County Judge, One The Weatherford Courthouse Square, Democrat. Weatherford, TX 76086. Texas: Collin, Case Number: 0406 City of Plano....... March 23, 2005; The Honorable Pat Evans, June 29, 2005................. 480140 0150P; FEMA Docket No.: P7644. March 30, 2005; The Mayor, City of Plano, Plano Star Courier. Post Office Box 860358. Plans, Texas 750860358. [[Page 57791]]
Texas: Parker, Case Number: 0406 City of Weatherford. February 16, 2005; The Honorable Joe M. May 25, 2005.................. 480522 1004P; FEMA Docket No.: P7644. February 23, 2005; Tison, Mayor, City of The Weatherford Weatherford, One Democrat. Courthouse Square, Weatherford, Texas 76086. Texas: Tarrant, Case Number: 04 Village of Westworth February 18, 2005; The Honorable Any May 27, 2005.................. 480616 061206P; FEMA Docket No.: P7644. February 25, 2005; Fontenot, Mayor, Village The Star Telegram. of Westworth Village, 311 Burton Hill Road, Fort Worth, Texas 76114. Texas: Williamson, Case Number: Unincorporated Areas March 2, 2005; March The Honorable John C. February 8, 2005.............. 481079 04061455P; FEMA Docket No.: 9, 2005; Williamson Doerfler, Judge, P7644. County Sun. Williamson County, 710 Main Street, Suite 201, Georgetown, Texas 78626. Texas: Parker, Case Number: 0406 City of Willow Park. February 16, 2005; The Hon. James H. May 25, 2005.................. 481164 1004P; FEMA Docket No.: P7644. February 23, 2005; Poythress, Mayor, City The Weatherford of Willow Park, 101 Democrat. Stagecoach Trail, Willow Park, Texas 76087. Wisconsin: Fond du Lac, Case City of Fond du Lac. March 2, 2005; March Mr. Tom W. Ahrens, City June 8, 2005.................. 550136 Number: 04054086P; FEMA Docket 9, 2005; The Manager, City of Fond du No.: P7644. Reporter. Lac, 160 South Macy Street, Fond du Lac, Wisconsin 54935. Wisconsin: Fond du Lac, Case Unincorporated Areas March 2, 2005; March Mr. Alen J. Buechel, Fond June 8, 2005.................. 550131 Number: 04054086P; FEMA Docket 9, 2005; The du Lac County Executive, No.: P7644. Reporter. 160 South Macy Street, Fond du Lac, Wisconsin 54935. Wisconsin: Manitowoc, Case Unincorporated Areas March 2, 2005; March The Honorable Paul June 8, 2005.................. 550236 Number: 04054084P; FEMA Docket 9, 2005; Herald Hansen, Manitowoc County No.: P7644. Times Reporter. Board Chairman, Administrative Office Building, 1110 South 9th Street, Manitowoc, Wisconsin 54220. (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. 0519816 Filed 10305; 8:45 am]
BILLING CODE 911012P

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) 6462903.