[Federal Register Volume 66, Number 203 (Friday, October 19, 2001)]
[Rules and Regulations]
[Pages 53115-53117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26425]


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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 65

[Docket No. FEMA-P-7606]


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, Hazard 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 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.

[[Page 53116]]

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:

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                                                             Dates and name of
         State and county                  Location           newspaper where       Chief executive officer     Effective date of       Community No.
                                                            notice was published         of community              modification
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Arkansas: Pope....................  City of Russellville.  August 21, 2001,       The Honorable Raye Turner,  July 30, 2001........  050178
                                                            August 28, 2001, The   Mayor, City of
                                                            Courier.               Russellville, P. O. Box
                                                                                   428, Russellville,
                                                                                   Arkansas 72801.
Illinois:
    Lake..........................  Village of Lake        August 16, 2001,       The Honorable James         July 18, 2001........  170376
                                     Zurich.                August 23, 2001,       Krischke, Mayor, Village
                                                            Lake Zurich Courier.   of Lake Zurich, 70 East
                                                                                   Main Street, Lake Zurich,
                                                                                   Illinois 60047.
    Will..........................  Unincorporated Areas.  July 24, 2001, July    Mr. Joseph L. Mikan,        October 30, 2001.....  170695
                                                            31, 2001, The          County Executive, Will
                                                            Chicago Sun-Times.     County, 302 North Chicago
                                                                                   Street, Joliet, Illinois
                                                                                   60432.
Indiana: Howard...................  Unincorporated Areas.  July 20, 2001, July    Mr. John Harbaugh,          June 27, 2001........  180414
                                                            27, 2001, Kokomo       President, Howard County,
                                                            Tribune.               Board of Commissioners,
                                                                                   230 North Main, Kokomo,
                                                                                   Indiana 46901.
Iowa: Black Hawk..................  City of Cedar Falls..  July 24, 2001, July    The Honorable Jon Crews,    June 22, 2001........  190017
                                                            31, 2001, Waterloo     Mayor, City of Cedar
                                                            Cedar Falls Courier.   Falls, 220 Clay Street,
                                                                                   Cedar Falls, Iowa 50613.
Missouri: Marion..................  Unincorporated Areas.  August 1, 2001,        Mr. Lyndon Bode, Presiding  July 9, 2001.........  290222
                                                            August 8, 2001,        Commissioner, Marion
                                                            Palmyra Spectator.     County, 100 South Main
                                                                                   Street, Palmyra, Missouri
                                                                                   63461.
Nebraska: Lancaster...............  City of Lincoln......  April 19, 2001, April  The Honorable Don Wesely,   March 13, 2001.......  315273
                                                            26, 2001, Lincoln      Mayor, City of Lincoln,
                                                            Journal Star.          555 South 10th Street,
                                                                                   Room 208, Lincoln,
                                                                                   Nebraska 68508.
Ohio: Summit......................  City of Twinsburg....  August 9, 2001,        The Honorable Katherine     November 15, 2001....  390534
                                                            August 16, 2001, The   Procop, Mayor, City of
                                                            Twinsburg Bulletin.    Twinsburg, 10075 Ravenna
                                                                                   Road, Twinsburg, Ohio
                                                                                   44087.
Oklahoma: Jefferson...............  City of Waurika......  July 5, 2001, July     The Honorable Biff Eck,     October 11, 2001.....  400076
                                                            12, 2001, Waurika      Mayor, City of Waurika,
                                                            News-Democrat.         122 South Main, Waurika,
                                                                                   Oklahoma 73573.
Texas:
    Tarrant.......................  City of Haltom City..  July 24, 2001, July    Mr. Joel A. Guerrero,       October 30, 2001.....  480599
                                                            31, 2001, Fort Worth   Floodplain Administrator,
                                                            Star-Telegram.         City of Haltom City, 5024
                                                                                   Broadway Avenue, Haltom
                                                                                   City, Texas 76117.
    Harris........................  Unincorporated Areas.  August 16, 2001,       The Honorable Robert        November 22, 2001....  480287
                                                            August 23, 2001,       Eckels, Harris County
                                                            Houston Chronicle.     Judge, 1001 Preston
                                                                                   Street, Suite 911,
                                                                                   Houston, Texas 77002.
    Harris........................  Unincorporated Areas.  August 21, 2001,       The Honorable Robert        November 27, 2001....  480287
                                                            August 28, 2001,       Eckels, Harris County
                                                            Houston Chronicle.     Judge, 1001 Preston
                                                                                   Street, Suite 911,
                                                                                   Houston, Texas 77002.
    Harris........................  City of Houston......  August 21, 2001,       The Honorable Lee P.        November 27, 2001....  480296
                                                            August 28, 2001,       Brown, Mayor, City of
                                                            Houston Chronicle.     Houston, P. O. Box 1562,
                                                                                   Houston, Texas 77251-1562.
    Denton........................  Town of Little Elm...  July 12, 2001, July    The Honorable Jim Pelley,   October 18, 2001.....  481152
                                                            19, 2001, Deonton      Mayor, Town of Little
                                                            Record-Chronicle.      Elm, P. O. Box 129,
                                                                                   Little Elm, Texas 75068.
    Tarrant.......................  City of North          July 24, 2001, July    The Honorable Charles       October 30, 2001.....  480607
                                     Richland Hills.        31, 2001, Fort Worth   Scoma, Mayor, City of
                                                            Star-Telegram.         North Richland Hills, P.
                                                                                   O. Box 820609, North
                                                                                   Richland Hills, Texas
                                                                                   76182.
    Tarrant.......................  City of North          August 23, 2001,       The Honorable Charles       July 31, 2001........  480607
                                     Richland Hills.        August 30, 2001,       Scoma, Mayor, City of
                                                            Fort Worth Star-       North Richland Hills, P.
                                                            Telegram.              O. Box 820609, North
                                                                                   Richland Hills, Texas
                                                                                   76182.

[[Page 53117]]

 
    Tarrant.......................  City of Richland       July 24, 2001, July    Mr. John W. Cherry, P.E.,   October 30, 2001.....  480608
                                     Hills.                 31, 2001, Fort Worth   Director, Dept. of Public
                                                            Star-Telegram.         Works, City of Richland
                                                                                   Hills, 6700 Rena Drive,
                                                                                   Richland Hills, Texas
                                                                                   76118.
    Tarrant.......................  City of Southlake....  August 3, 2001,        The Honorable Rick Stacy,   November 9, 2001.....  480612
                                                            August 10, 2001,       Mayor, City of Southlake,
                                                            Fort Worth Star-       1400 Main Street, Suite
                                                            Telegram.              270, Southlake, Texas
                                                                                   76092.
    Harris........................  City of Tomball......  July 25, 2001, August  The Honorable Hap           October 31, 2001.....  480315
                                                            1, 2001, Tomball       Harrington, Mayor, City
                                                            Magnolia Tribune.      of Tomball, 401 West
                                                                                   Market Street, Tomball,
                                                                                   Texas 77375-4645.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance'')

    Dated: October 3, 2001.
Robert F. Shea,
Acting Administrator, Federal Insurance and Mitigation Administration.
[FR Doc. 01-26425 Filed 10-18-01; 8:45 am]
BILLING CODE 6718-04-P