[Federal Register Volume 66, Number 112 (Monday, June 11, 2001)]
[Rules and Regulations]
[Pages 31181-31183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14572]


-----------------------------------------------------------------------

FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 65

[Docket No. FEMA-P-7602]


Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Interim rule.

-----------------------------------------------------------------------

SUMMARY: This interim rule lists communities where modification of the 
Base (1-percent-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 Acting Executive 
Associate Director for Mitigation 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: Matthew B. Miller, P.E., Chief, 
Hazards Study Branch, Mitigation Directorate, FEMA, 500 C Street, SW., 
Washington, DC 20472, (202) 646-3461 or (e-mail) [email protected].

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 Acting Executive Associate Director 
for Mitigation certifies that this rule is exempt from the requirements 
of the Regulatory Flexibility Act because modified BFEs 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.


Sec. 65.4  [Amended]

    2. The tables published under the authority of Sec. 65.4 are 
amended as follows:

----------------------------------------------------------------------------------------------------------------
                                                  Dates and name
                                                   of newspaper     Chief executive   Effective date   Community
       State and county            Location      where notice was     officer of      of modification    number
                                                     published         community
----------------------------------------------------------------------------------------------------------------
Arkansas: Washington.........  City of           April 20, 2001,   The Honorable     July 27, 2001...     050219
                                Springdale.       April 27, 2001,   Jerre Van
                                                  The Morning       Hoose, Mayor,
                                                  News of           City of
                                                  Northwest         Springdale, 201
                                                  Arkansas.         Spring Street,
                                                                    Springdale,
                                                                    Arkansas 72764.
Illinois: Lake...............  City of Waukegan  March 22, 2001,   The Honorable     June 29, 2001...     170397
                                                  March 29, 2001,   Bill Durkin,
                                                  Chicago Tribute.  Mayor, City of
                                                                    Waukegan, 106
                                                                    North Utica,
                                                                    Waukegan,
                                                                    Illinois 60085.
Kansas: Johnson..............  City of Shawnee.  February 8,       The Honorable     January 18, 2001     200177
                                                  2001, February    Jim Allen,
                                                  15, 2001,         Mayor, City of
                                                  Topeka Capital-   Shawnee, City
                                                  Journal.          Hall, 11110
                                                                    Johnson Drive,
                                                                    Shawnee, Kansas
                                                                    66203.

[[Page 31182]]

 
Oklahoma: Oklahoma...........  City of Edmond..  May 17, 2001,     The Honorable     August 23, 2001.     400252
                                                  May 24, 2001,     Bob Rudkin,
                                                  The Edmond Sun.   Mayor, City of
                                                                    Edmond, P. O.
                                                                    Box 202,
                                                                    Edmond,
                                                                    Oklahoma 73083.
Oklahoma: Pottawatomie.......  City of Shawnee.  April 20, 2001,   The Honorable     July 27, 2001...     400178
                                                  April 27, 2001,   Chris Harden,
                                                  The Shawnee       Mayor, City of
                                                  News-Star.        Shawnee, P. O.
                                                                    Box 1448,
                                                                    Shawnee,
                                                                    Oklahoma 74802.
Texas: Potter and Randall....  City of Amarillo  February 1,       The Honorable     May 10, 2001....     480529
                                                  2001, February    Kel Seliger,
                                                  8, 2001,          Mayor, City of
                                                  Amarillo Daily    Amarillo, P. O.
                                                  News.             Box 1971,
                                                                    Amarillo, Texas
                                                                    79105.
Texas: Collin................  Unincorporated    January 18,       Mr. William J.    April 26, 2001..     480130
                                Areas.            2001, January     Roberts, 210
                                                  25, 2001, Plano   South McDonald,
                                                  Star Courier.     McKinney, Texas
                                                                    75069.
Texas: Denton................  City of Denton..  March 23, 2001,   The Honorable     March 9, 2001...     480194
                                                  March 30, 2001,   Euline Brock,
                                                  Denton Record     Mayor, City of
                                                  Chronicle.        Denton, 215
                                                                    East McKinney
                                                                    Street, Denton,
                                                                    Texas 76201.
Texas: Denton................  Unincorporated    March 23, 2001,   The Honorable     March 9, 2001...     480774
                                Areas.            March 30, 2001,   Kirk Wilson,
                                                  Denton Record     Denton County
                                                  Chronicle.        Judge,
                                                                    Courthouse-on-
                                                                    the-Square, 110
                                                                    West Hickory
                                                                    Street, Denton,
                                                                    Texas 76201-
                                                                    0000.
Texas: Tarrant...............  City of Euless..  February 22,      The Honorable     January 25, 2001     480593
                                                  2001, March 1,    Mary Lib Saleh,
                                                  2001, Fort        Mayor, City of
                                                  Worth Star        Euless, 201
                                                  Telegram.         North Ector
                                                                    Drive, Euless,
                                                                    Texas 76039.
Texas: Dallas and Collin.....  City of Garland.  April 12, 2001,   The Honorable     July 19, 2001...     485471
                                                  April 19, 2001,   Jim Spence,
                                                  Garland News.     Mayor, City of
                                                                    Garland, 200
                                                                    North 5th
                                                                    Street,
                                                                    Garland, Texas
                                                                    786046-9002.
Texas: Tarrant, Dallas and     City of Grand     April 19, 2001,   The Honorable     March 29, 2001..     485472
 Ellis.                         Prairie.          April 26, 2001,   Charles
                                                  Arlington         England, Mayor,
                                                  Morning News.     City of Grand
                                                                    Prairie, 317
                                                                    College Street,
                                                                    P. O. Box
                                                                    534045, Grand
                                                                    Prairie, Texas
                                                                    75053-4045.
Texas: Dallas................  City of Irving..  January 18,       The Honorable     April 26, 2001..     480180
                                                  2001, January     Joe H. Putnam,
                                                  25, 2001,         Mayor, City of
                                                  Irving News.      Irving, P. O.
                                                                    Box 152288,
                                                                    Irving, Texas
                                                                    75060.
Texas: Dallas................  City of Irving..  March 15, 2001,   The Honorable     February 20,         480180
                                                  March 22, 2001,   Joe H. Putnam,    2001.
                                                  Irving News.      Mayor, City of
                                                                    Irving, P. O.
                                                                    Box 152288,
                                                                    Irving, Texas
                                                                    75060.
Texas: Montgomery............  Unincorporated    March 23, 2001,   The Honorable     June 29, 2001...     480483
                                Areas.            March 30, 2001,   Alan B. Sadler,
                                                  Conroe Courier.   Montgomery
                                                                    County Judge,
                                                                    300 North
                                                                    Thompson
                                                                    Street, Suite
                                                                    210, Conroe,
                                                                    Texas 77301.
Texas: Collin................  City of Plano...  January 18,       The Honorable     April 26, 2001..     480140
                                                  2001, January     Jeran Akers,
                                                  25, 2001, Plano   Mayor, City of
                                                  Star Courier.     Plano, P. O.
                                                                    Box 860358,
                                                                    Plano, Texas
                                                                    75074.
----------------------------------------------------------------------------------------------------------------



[[Page 31183]]

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

    Dated: May 30, 2001.
Margaret E. Lawless,
Acting Executive Associate Director for Mitigation.
[FR Doc. 01-14572 Filed 6-8-01; 8:45 am]
BILLING CODE 6718-04-P