72128 Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Rules and Regulations 

New York State regulation State effective date Latest EPA approval date Comments 

* * * * * * * 

[FR Doc. 04–27261 Filed 12–10–04; 8:45 am] 

BILLING CODE 6560–50–P

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 65 

[Docket No. FEMA–P–7640] 

Changes in Flood Elevation 

Determinations

AGENCY: Federal Emergency 

Management Agency, Emergency 

Preparedness and Response Directorate, 

Department of Homeland Security.

ACTION: Interim rule.

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.

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, Emergency 

Preparedness and Response Directorate, 

Federal Emergency Management 

Agency, 500 C Street, SW., Washington, 

DC 20472, (202) 646–2903.

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:

Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Rules and Regulations 72129

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 CityCounty 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 JournalNews.

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 HubTimes.

The Honorable William A. Currin, 

Mayor, Village of Hudson, 27 East 

Main Street, Hudson, OH 44236–

3099.

Jan. 26, 2005 ....... 390660 

72130 Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Rules and Regulations 

State and county Location 

Dates and name of newspaper where notice was 

published 

Chief executive officer of community Effective date of 

modification 

Community 

No. 

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 

Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Rules and Regulations 72131

(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] 

BILLING CODE 9110–12–P

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

Final Flood Elevation Determinations

AGENCY: Federal Emergency 

Management Agency, Emergency 

Preparedness and Response Directorate, 

Department of Homeland Security.

ACTION: Final rule.

SUMMARY: Base (1% annual-chance) 

Flood Elevations and modified Base 

Flood Elevations (BFEs) are made final 

for the communities listed below. The 

BFEs and modified BFEs are the basis 

for the floodplain management 

measures that each community is 

required either to adopt or to show 

evidence of being already in effect in 

order to qualify or remain qualified for 

participation in the National Flood 

Insurance Program (NFIP).

EFFECTIVE DATE: The date of issuance of 

the Flood Insurance Rate Map (FIRM) 

showing BFEs and modified BFEs for 

each community. This date may be 

obtained by contacting the office where 

the FIRM is available for inspection as 

indicated in the table below.

ADDRESSES: The final base flood 

elevations 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, Emergency 

Preparedness and Response Directorate, 

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 BFEs and 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. 

This final rule is issued in accordance 

with Section 110 of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 4105, 

and 44 CFR Part 67. 

The Federal Emergency Management 

Agency has developed criteria for 

floodplain management in floodprone 

areas in accordance with 44 CFR Part 

60. 

Interested lessees and owners of real 

property are encouraged to review the 

proof Flood Insurance Study and FIRM 

available at the address cited below for 

each community. 

The BFEs and modified BFEs are 

made final in the communities listed 

below. Elevations at selected locations 

in each community are shown. 

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 establish and 

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 67 

Administrative practice and 

procedure, Flood insurance, Reporting 

and record keeping requirements.

■ Accordingly, 44 CFR Part 67 is 

amended to read as follows:

PART 67—[AMENDED]

■ 1. The authority citation for Part 67 

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.

§ 67.11 [Amended]

■ 2. The tables published under the 

authority of § 67.11 are amended as 

follows:

State City/town/county Source of flooding Location 

#Depth in 

feet above 

ground. 

*Elevation 

in feet 

(NGVD) 

modified. 

♦Elevation 

in feet 

(NAVD) 

modified 

Arkansas ............. Arkadelphia (City) Clark County 

(FEMA Docket No. P7649).

Mill Creek ....................................... Approximately 1,820 feet downstream of North Eighth Street.*193 

Approximately 2,800 feet upstream 

of 26th Street.

*245 

(FEMA Docket No. P7649) ............ Maddox Branch .............................. Approximately 25 feet downstream 

of Union Pacific Railroad.

*186