Rules and Regulations. Interim rule

Agency: Federal Emergency Management Agency, Emergency Preparedness and Response Directorate, Department of Homeland Security
Action: Interim rule
Citation: FR Doc. 04-27249 · Docket No. FEMA-P-7640 · 44 CFR 65

Summary

This interim rule lists communities where modification of the Base (1% annual-chance) 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.

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.

Supplementary 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 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 record keeping 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. § 65.4 [Amended] 2. The tables published under the authority of § 65.4 are amended as follows: State and county Location Dates and name of newspaper where notice was published Chief executive officer of community Effective date of modification Community No. Arkansas: Washington (Case No.: 04-06-1740P) City of Fayetteville Nov. 23, 2004, Nov. 30, 2004, Northwest Arkansas Times The Honorable Dan Coody, Mayor, City of Fayetteville, 113 W. Mountain, Fayetteville, AR 72701 Nov. 12, 2004 050216 Illinois: McClean (Case No.: 04-05-0891P) City of Bloomington Nov. 12, 2004, Nov. 19, 2004, The Pantagraph The Honorable Judy Markowitz, Mayor, City of Bloomington, 109 East Olive Street, Suite 200, Bloomington, IL 61701 Feb. 18, 2005 170490 Cook (Case No.: 03-05-5180P) Unincorporated Areas Oct. 21, 2004, Oct. 28, 2004, Orland Township Messenger The Honorable John H. Stroger, Jr., President, Cook County, Board of Commissioners, 69 West Washington, Suite 2830, Chicago, IL 60602-3169 Jan. 27, 2004 170054 Cook (Case No.: 04-05-4062P) Unincorporated Areas Oct. 13, 2004, Oct. 20, 2004, The Chicago Tribune The Honorable John H. Stroger, Jr., President, Cook County, Board of Commissioners, 118 North Clark Street, Room 537, Chicago, IL 60602 Oct. 1, 2004 170054 Kane (Case No.: 04-05-2895P) Unincorporated Areas Nov. 10, 2004, Nov. 17, 2004, Kane County Chronicle The Honorable Michael McCoy Chairman, Kane County Board, Kane County Government Center, 719 South Batavia Avenue, Bldg. A, Geneva, IL 60134 Feb. 16, 2005 170896 Kane (Case No.: 04-05-2895P) Unincorporated Areas Nov. 10, 2004, Nov. 17, 2004, Kane County Chronicle The Honorable Michael McCoy, Chairman, Kane County Board, Kane County Government Center, 719 South Batavia Avenue, Bldg. A, Geneva, IL 60134 Feb. 16, 2005 170896 Kane and Kendall (Case No.: 04-05-0087P) Village of Montgomery Nov. 17, 2004, Nov. 24, 2004, Aurora Beacon News The Honorable Marilyn Michelini, President, Village of Montgomery, 1300 South Broadway, Montgomery, IL 60538 Nov. 8, 2004 170328 Cook (Case No.: 03-05-5180P) Village of Orland Park Oct. 21, 2004, Oct. 28, 2004, Orland Township Messenger The Honorable Daniel McLaughlin, Mayor, Village of Orland Park, 14700 S. Ravinia Avenue, Orland Park, IL 60462 Jan. 27, 2004 170140 Will County (Case No.: 04-05-3541P) Unincorporated Areas Nov. 12, 2004, Nov. 19, 2004, The Herald News The Honorable Joseph L. Mikan, Will County Executive, Will County Office Building, 302 North Chicago Street, Joliet, IL 60432 Oct. 19, 2004 170695 Indiana: Marion (Case No.: 04-05-0895P) City of Indianapolis Nov. 12, 2004, Nov. 19, 2004, The Indianapolis Star The Honorable Bart Peterson, Mayor, City of Indianapolis, 2501 City-County Building, 200 E. Washington Street, Indianapolis, IN 46204 Feb. 18, 2005 180159 Iowa: Johnson (Case No.: 04-07-047P) City of North Liberty Oct. 20, 2004, Oct. 27, 2004, North Liberty Leader The Honorable Clair Mekota, Mayor, City of North Liberty, 35 Vixen Lane, North Liberty, IA 52317 Oct. 5, 2004 190630 New Mexico: Torrance (Case No.: 04-06-674P) City of Moriarty Oct. 14, 2004, Oct. 21, 2004, Mountain View Telegraph The Honorable Adan M. Encinias, Mayor, City of Moriarty, P.O. Drawer 130, Moriarty, NM 87035 Jan. 20, 2005 350083 Ohio: Greene (Case No.: 03-05-3977P) City of Beaver Creek Oct. 22, 2004, Oct. 29, 2004, Beavercreek News-Current The Honorable Robert Glaser, Mayor, City of Beaver Creek, 1368 Research Park Drive, Beavercreek, OH 45432 Jan. 28, 2005 390876 Butler (Case No.: 03-05-5177P) Unincorporated Areas Oct. 21, 2004 Oct. 28, 2004, The Journal-News The Honorable Charles R. Furmon, President, Butler County, Board of Commissioners, 315 High Street, 4th Floor, Government Services Center, Hamilton, OH 45011 Jan. 27, 2004 390037 Greene (Case No.: 03-05-3977P) Unincorporated Areas Oct. 22, 2004, Oct. 29, 2004, Xenia Daily Gazette The Honorable Jeff Gilbert, Chairman, Green County Board, County Courthouse, 519 North Main Street, Carrollton, OH 62016 Jan. 28, 2005 390193 Summit (Case No.: 04-05-0770P) Village of Hudson Oct. 20, 2004, Oct. 27, 2004, Hudson Hub-Times The Honorable William A. Currin, Mayor, Village of Hudson, 27 East Main Street, Hudson, OH 44236-3099 Jan. 26, 2005 390660 Lucas (Case No.: 04-05-4066P) Unincorporated Areas Oct. 19, 2004, Oct. 26, 2004, Farmland News The Honorable Harry Barlos, President, Lucas County, Board of Commissioners, One Government Center, Suite 800, Toledo, OH 43604 Sept. 30, 2004 390539 Oklahoma: Cleveland (Case No.: 04-06-1915P) City of Moore Nov. 23, 2004, Nov. 30, 2004, The Moore American The Honorable Glenn Lewis, Mayor, City of Moore, 301 North Broadway, Moore, OK 73160 Nov. 9, 2004 400044 Texas: Tarrant (Case No.: 04-06-1903P) City of Arlington Nov. 12, 2004, Nov. 19, 2004, Northeast Tarrant County Morning News The Honorable Dr. Robert Cluck, Mayor, City of Arlington, 101 W. Abram Street, Arlington, TX 76004-0231 Oct. 29, 2004 485454 Brazos (Case No.: 04-06-1025P) City of Bryan Oct. 5, 2004, Oct. 12, 2004, The Eagle The Honorable Ernie Wentrcek, Mayor, City of Bryan, P.O. Box 1000, Bryan, TX 77805 Jan. 11, 2005 480082 Collin (Case No.: 04-06-1470P) Unincorporated Areas Oct. 20, 2004, Oct. 27, 2004, Plano Star Courier The Honorable Ron Harris, Judge, Collin County, 210 South McDonald Street, #626, Wylie, TX 75098 Jan. 26, 2005 480130 Denton (Case No.: 04-06-1464P) Town of Double Oak Nov. 23, 2004, Nov. 30, 2004, Denton Record Chronicle The Honorable Richard P. Cook, Mayor, Town of Double Oak, 320 Waketon Road, Double Oak, TX 75077 Mar. 1, 2005 481516 El Paso (Case No.: 04-06-1606P) City of El Paso Nov. 12, 2004, Nov. 19, 2004, El Paso Times The Honorable Joe Wardy, Mayor, City of El Paso, 2 Civic Center Plaza, El Paso, TX 79901-1196 Oct. 29, 2004 480214 Fort Bend (Case No.: 04-06-2155P) Unincorporated Areas Oct. 20, 2004, Oct. 27, 2004, Fort Bend Star The Honorable Robert E. Hebert, Judge, Fort Bend County, 301 Jackson Street, Richmond, TX 77469 Jan. 27, 2005 480228 Tarrant (Case No.: 04-06-1741P) City of Fort Worth Oct. 6, 2004, Oct. 13, 2004, The Star Telegram The Honorable Michael Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102 Sept. 20, 2004 480596 Tarrant (Case No.: 04-06-858P) City of Hurst Oct. 1, 2004, October 8, 2004, The Star Telegram The Honorable Richard Ward, Mayor, City of Hurst, 1505 Precinct Line Road, Hurst, TX 76054 Oct. 7, 2004, 480601 Collin (Case No.: 04-06-1002P) City of McKinney Oct. 7, 2004, Oct. 14, 2004, McKinney Courier-Gazette The Honorable Bill Whitfield, Mayor, City of McKinney, 222 N. Tennessee Avenue, McKinney, TX 75069 Jan. 13, 2005 480135 Fort Bend (Case No.: 04-06-2155P) City of Missouri City Oct. 21, 2004, Oct. 28, 2004, Fort Bend Mirror The Honorable Allen Owen, Mayor, City of Missouri City, 1522 Texas Parkway, Missouri City, TX 77489 Jan. 27, 2005 480304 Denton (Case No.: 04-06-1180P) City of Oak Point Nov. 23, 2004, Nov. 30, 2004, Denton Record Chronicle The Honorable Duane E. Olson, Mayor, City of Oak Point, 100 Naylor Road, Oak Point, TX 75068 Nov. 9, 2004 481639 Williamson (Case No.: 03-06-1540P) City of Round Rock Oct. 12, 2004, Oct. 19, 2004, Round Rock Leader The honorable Nyle Maxwell, Mayor, City of Round Rock, 221 East Main, Round Rock, TX 78664 Jan. 19, 2005 481048 Williamson (Case No.: 03-06-1540P) Williamson County Oct. 13, 2004, Oct. 20, 2004, Williamson County Sun The Honorable John C. Doerfler, Judge, Williamson County, 710 Main Street, Suite 201, Georgetown, TX 78626 Jan. 19, 2005 481079 Collin (Case No.: 04-06-1470P) City of Wylie Oct. 20, 2004, Oct. 27, 2004, The Wylie News The Honorable John Mondy, Mayor, City of Wylie, 2000 State Highway 78 North, Wylie, TX 75098 Jan. 26, 2005 480759 Wisconsin: Waupaca (Case No.: 04-05-4068P) City of Clintonville Sept. 23, 2004, Sept. 30, 2004 Tribune Gazette The Honorable Richard K. Beggs, Mayor, City of Clintonville, 50 10th Street, Clintonville, WI 54929 Sept. 17, 2004 550494 (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance”) Dated: December 7, 2004. David I. Maurstad, Acting Director, Mitigation Division, Emergency Preparedness and Response Directorate. [FR Doc. 04-27249 Filed 12-10-04; 8:45 am]