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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

CFR Citation: 44 CFR Part 65

Docket ID: [Docket No. FEMA-P-7646]

NOTICE: RULES

ACTION: Flood elevation determinations:

DOCUMENT ACTION: Interim rule.

SUBJECT CATEGORY: Changes in Flood Elevation Determinations

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.

DOCUMENT SUMMARY: This interim rule lists communities where modification of the Base (1% annualchance) 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.

SUMMARY: Various States,

SUPPLEMENTAL 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
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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.
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 name of State and county Location newspaper where Chief executive officer Effective date of modification Community No. notice was published of community Arkansas: Lonoke, Case No.: 0406 City of Cabot....... July 20, 2005; July The Hon. Mickey October 25, 2005.............. 050309 2140P. 27, 2005; Cabot Staumbaugh, Mayor, City StarHerald. of Cabot, Post Office Box 1113, Cabot, Arkansas 72076. Illinois: Will, Case No.: 0405 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.: 0405 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.: 0405 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.: 0405 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.: 0407 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 Hall1st 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 04061742P. 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 04061742P. 14, 2005; Rutherford, Chairman, Albuquerque Journal. Bernalillo County, One Civic Plaza NW., Albuquerque, New Mexico 87102. Oklahoma: Tulsa, Case No.: 0406 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.: 0406 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.: 0406 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.: 0406395P. 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 04061201P. 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 04053539P. 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.: 0405 August 12, 2005; Barrett, Mayor, City of 3539P. The Milwaukee Milwaukee, 200 E. Wells Courier. Street, Room 201, Milwaukee, Wisconsin 53202. (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. 0519817 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.