[Federal Register Volume 66, Number 160 (Friday, August 17, 2001)]
[Rules and Regulations]
[Pages 43094-43095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20725]


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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 65

[Docket No. FEMA-P-7604]


Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, (FEMA).

ACTION: Interim rule.

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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 Administrator 
for Federal Insurance and Mitigation Administration 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, Hazards, Mapping and Risk Assessment Division, 
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 Administrator for Federal Insurance Administration and 
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 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:

[[Page 43095]]



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                                                             Dates and name of
         State and County                  Location           newspaper where     Chief executive officer of    Effective date of      Community number
                                                            notice was published           community               modification
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Indiana:
    Marion........................  City of Indianapolis.  June 14, 2001, June    The Honorable Barthen       September 21, 2001...  180159
                                                            21, 2001, The          Peterson, Mayor, City of
                                                            Indianapolis Star.     Indianapolis, 200 East
                                                                                   Washington Street, Suite
                                                                                   2501, Indianapolis,
                                                                                   Indiana 46204.
    Hendricks.....................  Town of Plainfield...  June 7, 2001, June     Mr. Richard A. Carlucci,    September 14, 2001...  180089
                                                            14, 2001, The          Town Manager, Town of
                                                            Hendricks County       Plainfield, 206 West Main
                                                            Flyer.                 Street, Plainfield,
                                                                                   Indiana 46268.
Kansas:
    Johnson.......................  City of Lenexa.......  June 19, 2001, June    The Honorable Joan Bouman,  May 31, 2001.........  200168
                                                            26, 2001, The Legal    Mayor, City of Lenexa,
                                                            Record.                12350 W. 87th Street
                                                                                   Parkway, Lenexa, Kansas
                                                                                   66215.
    Johnson.......................  City of Shawnee......  June 21, 2001, June    The Honorable Jim Allen,    May 31, 2001.........  200177
                                                            28, 2001, The          Mayor, City of Shawnee,
                                                            Journal Herald.        11110 Johnson Drive,
                                                                                   Shawnee, Kansas 66203.
Texas:
    Harris........................  Unincorporated Areas.  May 18, 2001, May 25,  The Honorable Robert        August 9, 2001.......  480287
                                                            2001, Houston          Eckles, Harris County
                                                            Chronicle.             Judge, 1001 Preston
                                                                                   Street, Suite 911,
                                                                                   Houston, Texas 77002.
    Hidalgo.......................  City of Edinburg.....  May 24, 2001, May 31,  The Honorable Joe Ochoa,    May 14, 2001.........  480338
                                                            2001, Edinburg Daily   Mayor, City of Edinburg,
                                                            Review.                P.O. Box 1079, Edinburg,
                                                                                   Texas 78540.
    Hidalgo.......................  Unicorporated Areas..  May 24, 2001, May 31,  The Honorable Jose Eloy     May 17, 2001.........  480334
                                                            2001, The Monitor.     Pulido, Hidalgo County
                                                                                   Judge, P.O. Box 1356,
                                                                                   Edinburg, Texas 78540.
    Tarrant.......................  City of North          June 22, 2001, June    The Honorable Charles       June 12, 2001........  480607
                                     Richland Hills.        29, 2001, Fort Worth   Scoma, Mayor, City of
                                                            Star-Telegram.         North Richland Hills,
                                                                                   P.O. Box 820609, North
                                                                                   Richland Hills, Texas
                                                                                   76182.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance.'')

    Dated: August 10, 2001.
Robert F. Shea,
Acting Administrator, Federal Insurance and Mitigation Administration.
[FR Doc. 01-20725 Filed 8-16-01; 8:45 am]
BILLING CODE 6718-04-P