Flood elevation determinations: Various States,

[Federal Register: February 14, 2006 (Volume 71, Number 30)]

[Rules and Regulations]

[Page 7690-7692]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr14fe06-8]

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency (FEMA), 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.

FOR FURTHER INFORMATION CONTACT: Doug Bellomo, P.E., Hazard Identification Section, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-2903.

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 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 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 13132, Federalism. This rule involves no policies that have federalism implications under Executive Order 13132.

Executive Order 12988, Civil Justice Reform. This rule meets the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 65

Flood insurance, Floodplains, Reporting and recordkeeping requirements.

0 Accordingly, 44 CFR Part 65 is amended to read as follows:

PART 65--[AMENDED]

0 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]

0 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: Lonoke, Case No. 04-06- City of Cabot....... July 20, 2005, July The Hon. Mickey

October 25, 2005..............

050309 2140P, FEMA Docket No. P-7646.

27, 2005, Cabot Staumbaugh, Mayor, City Star-Herald.

of Cabot, Post Office Box 1113, Cabot, Arkansas 72076. Illinois:

Will, Case No. 04-05-4087-P, City of Lockport.... July 6, 2005, July The Honorable Tim Murphy, June 21, 2005.................

170703 FEMA Docket No. P-7646.

13, 2005, The

Mayor, City of Lockport, Herald News.

222 East 9th Street, Lockport, Illinois 60441.

[[Page 7691]]

Cook, Case No. 04-05-2894P, Village of Orland June 23, 2005, June The Hon. Daniel

September 29, 2005............

170140 (FEMA Docket No. P-7646). Park.

30, 2005, The

McLaughlin, Mayor, Orland Park Star. Village of Orland Park, 14700 Ravinia Avenue, Orland Park, Illinois 60462.

Cook, Case No. 04-05-2894P, Village of Tinley June 23, 2005, June The Hon. Edward J.

September 29, 2005............

170169 FEMA Docket No. P-7646.

Park.

30, 2005, The

Zabrocki, Mayor, Village Tinley Park Star. of Tinley Park, 16250 South Oak Park Avenue, Tinley Park, Illinois 60477. Kansas: Sedgwick, Case No. 04-07- City of Wichita..... June 23, 2005, June The Honorable Carlos September 29, 2005............

200328 526P, FEMA Docket No. P-7646.

30, 2005, The

Mayans, Mayor, City of Wichita Eagle.

Wichita, 455 North Main, 1st Floor, Wichita, Kansas 67202. Minnesota:

Anoka, Case No. 04-05-3553P, City of Andover..... May 13, 2005, May The Honorable Mike

August 19, 2005...............

270689 FEMA Docket No. P-7644.

20, 2005, Anoka Gamache, Mayor, City of County Union.

Andover, 1685 Crosstown Boulevard, NW., Andover, Minnesota 55304.

Anoka, Case No. 04-05-3553P, City of Oak Grove... May 13, 2005, May The Honorable Oscar

August 19, 2005...............

270031 FEMA Docket No. P-7644.

20, 2005, Anoka Olson, Mayor, City of County Union.

Oak Grove, 22200 Poppy Street, NW., Anoka, Minnesota 55303.

Scott, Case No. 04-05-0763P, City of Savage...... May 14, 2005, May The Hon. Thomas M.

August 20, 2005...............

270433 FEMA Docket No. P-7644.

21, 2005, The

Brennan, Mayor, City of Savage Pacer.

Savage, 6000 McColl Drive, Savage, Minnesota 55378-2464. New Mexico:

Bernalillo, Case No. 04-06- City of Albuquerque. July 7, 2005, July The Honorable Martin October 13, 2005..............

350002 1742P, FEMA Docket No. P-

14, 2005,

Chavez, Mayor, City of 7646.

Albuquerque Journal. Albuquerque, City/County Building, 11th Floor, One Civic Plaza NW., Albuquerque, New Mexico 87102.

Bernalillo, Case No. 04-06- Unincorporated Areas July 7, 2005, July The Honorable Tom

October 13, 2005..............

350001 1742P, FEMA Docket No. P-

14, 2005,

Rutherford, Chairman, 7646.

Albuquerque Journal. Bernalillo County, One Civic Plaza NW., Albuquerque, New Mexico 87102. Oklahoma:

Tulsa, Case No. 04-06-1611P, City of Broken Arrow July 7, 2005, July The Honorable Richard October 13, 2005..............

400236 FEMA Docket No. P-7466.

14, 2005, Broken Carter, Mayor, City of Arrow Ledger.

Broken Arrow, 220 South First Street, Broken Arrow, Oklahoma 74013.

Tulsa, Case No. 04-06-1461P, City of Broken Arrow July 7, 2005, July The Honorable Richard October 13, 2005..............

400236 FEMA Docket No. P-7646.

14, 2005, Broken Carter, Mayor, City of Arrow Ledger.

Broken Arrow, 220 South First Street, Broken Arrow, Oklahoma 74013. Texas:

Bexar, Comal and Kendall, City of Fair Oaks July 22, 2005, July The Honorable E. L.

July 5, 2005..................

481644 Case No. 04-06-395P, FEMA Ranch.

29, 2005, The

Gaubatz, Mayor, City of Docket No. P-7646.

Boerne Star Hill Fair Oaks Ranch, 7286 Country Recorder. Deitz Elkhorn, Fair Oaks Ranch, Texas 78015.

Collin, Case No. 04-06-1201P, City of Frisco...... July 22, 2005, July The Honorable Mike

October 28, 2005..............

480134 FEMA Docket No. P-7646.

29, 2005, The

Simpson, Mayor, City of Frisco Enterprise. Frisco, City Hall 6891 Main Street, Frisco, Texas 75034.

Bexar, Case No. 04-06-1738P, City of San Antonio. May 24, 2005, May The Honorable Ed Garza, August 30, 2005...............

480045 FEMA Docket No. P-7644.

31, 2005, San

Mayor, City of San Antonio Express Antonio, Post Office Box News.

839966, San Antonio, Texas 78283-3966.

[[Page 7692]]

(Catalog of Federal Domestic Assistance No. 83.100, ``Flood Insurance.'')

Dated: January 9, 2006. David I. Maurstad, Acting Director, Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security.

[FR Doc. 06-1342 Filed 2-13-06; 8:45 am]

BILLING CODE 9110-12-P

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