Changes in Flood Elevation Determinations
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: February 28, 2006 (Volume 71, Number 39)]
[Rules and Regulations]
[Page 9947-9948]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28fe06-16]
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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.
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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.
DATES: 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
[[Page 9948]]
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.
? 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:
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Dates and names of
State and county Location newspaper where Chief executive Effective date of modification Community
notice was published officer of community number
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Illinois: Cook, Case No. 04-05- Village of Matteson.. August 4, 2005, Mr. Mark Stricker, July 22, 2005.................. 170123
3545P, FEMA Docket No. P-7646. August 11, 2005, The President, Village
Daily Southtown. of Matteson, 4900
Village Commons,
Matteson, Illinois
60443.
Texas: Bexar, Case No. 04-06- City of San Antonio.. August 10, 2005, The Honorable Phil August 2, 2005................. 480045
1194P, FEMA Docket No. P-7646. August 17, 2005, San Hardberger, Mayor,
Antonio Express News. City of San Antonio,
Post Office Box
839966, San Antonio,
Texas 78283-3966.
Wisconsin: Milwaukee and City of Milwaukee.... August 5, 2005, The Honorable Tom November 11, 2005.............. 550278
Washington, Case No. 04-05-3539P, August 12, 2005, The Barrett, Mayor, City
FEMA Docket No. P-7646. Milwaukee Courier. of Milwaukee, 200
East Wells Street,
Room 201, Milwaukee,
Wisconsin 53202.
Wisconsin: Case No. 04-05-3539P, City of Glendale..... August 4, 2005, The Honorable R. Jay November 11, 2005.............. 550275
FEMA Docket No. P-7646. August 11, 2005, The Hintz, Mayor, City
North Shore Herald. of Glendale, 6936
North Braeburn Lane,
Glendale, Wisconsin
53209.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood Insurance.'')
Dated: February 2, 2006.
David I. Maurstad,
Acting Director, Mitigation Division, Federal Emergency Management
Agency, Department of Homeland Security.
[FR Doc. 06-1821 Filed 2-27-06; 8:45 am]
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