[Federal Register Volume 66, Number 166 (Monday, August 27, 2001)]
[Rules and Regulations]
[Pages 44984-44985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21589]


=======================================================================
-----------------------------------------------------------------------

FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 65

[Docket No. FEMA-B-7419]


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% 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 each listed community.
    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, 
Federal Insurance and Mitigation Administration reconsider the changes. 
The modified elevations 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 following table.

FOR FURTHER INFORMATION CONTACT: Matthew B. Miller, P.E., Chief, 
Hazards Study Branch, Federal Insurance and Mitigation Administration, 
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 base flood 
elevation determinations are available for inspection is provided.
    Any request for reconsideration must be based on knowledge of 
changed conditions, or upon 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 elevations, 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, Federal Insurance and Mitigation 
Administration 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:

[[Page 44985]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Dates and name of
         State and county           Location and case No.     newspaper where     Chief executive officer of    Effective date of       Community No.
                                                            notice was published           community               modification
--------------------------------------------------------------------------------------------------------------------------------------------------------
California: San Diego.............  City of Oceanside (00- June 15, 2001, June    The Honorable Terry         May 31, 2001.........  060294
                                     09-332P).              22, 2001, North        Johnson, Mayor, City of
                                                            County Times.          Oceanside, 300 North
                                                                                   Coast Highway, Oceanside,
                                                                                   California 92054.
California: Sonoma................  City of Cloverdale     June 13, 2001, June    The Honorable Robert Jehn,  May 23, 2001.........  060376
                                     (01-09-122P).          20, 2001, Cloverdale   Mayor, City of
                                                            Reveille.              Cloverdale, City Hall,
                                                                                   P.O. Box 217, Cloverdale,
                                                                                   California 95425-0217.
California: Shasta................  City of Redding (01-   July 13, 2001, July    The Honorable Dave          October 18, 2001.....  060360
                                     09-218P).              20, 2001, Redding      McGeorge, Mayor, City of
                                                            Record Searchlight.    Redding, 777 Cypress
                                                                                   Avenue, Redding,
                                                                                   California 96001.
Colorado: Douglas.................  Town of Parker (01-08- July 11, 2001, July    The Honorable Gary          June 22, 2001........  080310
                                     180P).                 18, 2001, Douglas      Lasater, Mayor, Town of
                                                            County News.           Parker, 20120 East Main
                                                                                   Street, Parker, Colorado
                                                                                   80138.
Colorado: Douglas.................  Unincorporated Areas   July 11, 2001, July    The Honorable Melanie       June 22, 2001........  080049
                                     (01-08-180P).          18, 2001, Douglas      Worley, Chairperson,
                                                            County News.           Douglas County, Board of
                                                                                   Commissioners, 100 Third
                                                                                   Street, Castle Rock,
                                                                                   Colorado 80104.
Kansas: Butler....................  City of Andover (00-   July 5, 2001, July     The Honorable Dennis L.     June 19, 2001........  200383
                                     07-552P).              12, 2001, Andover      Bush, Mayor, City of
                                                            Journal Advocate.      Andover, P.O. Box 295,
                                                                                   Andover, Kansas 67002-
                                                                                   0295.
North Carolina: Wake..............  City of Raleigh (01-   June 7, 2001, June     The Honorable Paul Coble,   May 30, 2001.........  370243
                                     04-061P).              14, 2001, News and     Mayor, City of Raleigh,
                                                            Observer.              City Hall, P.O. Box 590,
                                                                                   Raleigh, North Carolina
                                                                                   27602.
Nevada: Clark.....................  City of Mesquite (01-  May 24, 2001, May 31,  The Honorable Charles       August 29, 2001......  320035
                                     09-170P).              2001, Las Vegas        Home, Mayor, City of
                                                            Review-Journal.        Mesquite, 10 East
                                                                                   Mesquite Boulevard,
                                                                                   Mesquite, Nevada 89027.
Nevada: Clark.....................  Unincorporated Areas   June 15, 2001, June    The Honorable Dario         September 20, 2001...  320003
                                     (00-09-828P).          22, 2001, Las Vegas    Herrera, Chairman, Clark
                                                            Review-Journal.        County, Board of
                                                                                   Commissioners, 500 Grand
                                                                                   Central Parkway, Las
                                                                                   Vegas, Nevada 89155.
Oklahoma: Oklahoma................  City of Oklahoma City  July 6, 2001, July     The Honorable Kirk          June 20, 2001........  405378
                                     (00-06-879P).          13, 2001, Daily        Humphreys, Mayor, City of
                                                            Oklahoman.             Oklahoma City, 200 North
                                                                                   Walker, Suite 302,
                                                                                   Oklahoma City, Oklahoma
                                                                                   73102.
Texas: Collin.....................  City of Plano (01-06-  July 13, 2001, July    The Honorable Jeran Akers,  June 20, 2001........  480140
                                     359P).                 20, 2001, Plano Star   Mayor, City of Plano,
                                                            Courier.               P.O. Box 860358, Plano,
                                                                                   Texas 75086-0358.
Texas: Fort Bend..................  City of Missouri City  April 19, 2001, April  The Honorable Allen Owen,   March 23, 2001.......  480304
                                     (00-06-727P).          26, 2001, Southwest    Mayor, City of Missouri
                                                            Sun.                   City, P.O. Box 666,
                                                                                   Missouri City, Texas
                                                                                   77459.
Texas: Fort Bend..................  Unincorporated Areas   April 19, 2001, April  The Honorable James         March 23, 2001.......  480228
                                     (00-06-727P).          26, 2001, Southwest    Adolphus, Fort Bend
                                                            Sun.                   County Judge, 301 Jackson
                                                                                   Street, Suite 719,
                                                                                   Richmond, Texas 77469.
--------------------------------------------------------------------------------------------------------------------------------------------------------


(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance'')
    Dated: August 21, 2001.
Robert F. Shea, Jr.,
Acting Administrator, Federal Insurance and Mitigation Administration.
[FR Doc. 01-21589 Filed 8-24-01; 8:45 am]
BILLING CODE 6718-04-P