[Federal Register Volume 67, Number 9 (Monday, January 14, 2002)]
[Rules and Regulations]
[Pages 1610-1611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-802]


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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 65


Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, (FEMA).

ACTION: Final rule.

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SUMMARY: Modified Base (1-percent-annual-chance) Flood Elevations 
(BFEs) are finalized for the communities listed below. These modified 
elevations will be used to calculate flood insurance premium rates for 
new buildings and their contents.

EFFECTIVE DATES: The effective dates for these modified BFEs are 
indicated on the table below and revise the Flood Insurance Rate Maps 
(FIRMs) in effect for the listed communities prior to this date.

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, Federal Insurance and Mitigation Administration, 
500 C Street, SW., Washington, DC 20472, (202) 646-3461 or (E-mail) 
[email protected].

SUPPLEMENTARY INFORMATION: FEMA makes the final determinations listed 
below of the final determinations of 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 Acting Administrator, Federal Insurance and Mitigation 
Administration, has resolved any appeals resulting from this 
notification.
    The modified BFEs are not listed for each community in this notice. 
However, this rule includes the address of the Chief Executive Officer 
of the community where the modified BFE determinations are available 
for inspection.
    The modifications are made pursuant to section 206 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.
    These modified BFEs are used to meet the floodplain management 
requirements of the NFIP and are also used to calculate the appropriate 
flood insurance premium rates for new buildings built after these 
elevations are made final, and for the contents in these buildings.
    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 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 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 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:

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                                                            Dates and names of
         State and county                  Location           newspaper where     Chief executive officer    Effective date of modification   Community
                                                           notice was published         of community                                             No.
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Indiana:
    Howard (FEMA Docket No. 7606..  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.
    Hendricks (FEMA Docket No.      Town of Plainfield...  June 7, 2001, June    Mr. Richard A. Carlucci,   Sept. 14, 2001.................       180089
     7604).                                                 14, 2001, Hendricks   Town Manager, Town of
                                                            County Flyer.         Plainfield, 206 West
                                                                                  Main Street, Plainfield,
                                                                                  Indiana 46268-0065.

[[Page 1611]]

 
    Marion (FEMA Docket No. 7604).  City of Indianapolis.  June 14, 2001, June   The Honorable Barthen      Sept. 21, 2001.................       180159
                                                            21, 2001,             Peterson, Mayor, City of
                                                            Indianapolis Star.    Indianapolis, 200 East
                                                                                  Washington Street, Suite
                                                                                  2501, Indianapolis,
                                                                                  Indiana 46204.
Kansas:
    Johnson (FEMA Docket No. 7604)  City of Lenexa.......  June 19, 2001, June   The Honorable Joan         May 31, 2001...................       200168
                                                            26, 2001, Legal       Bouman, Mayor, City of
                                                            Record.               Lenexa, 12350 W. 87th
                                                                                  Street Parkway, Lenexa,
                                                                                  Kansas 66215.
    Johnson (FEMA Docket No. 7604)  City of Shawnee......  June 21, 2001, June   The Honorable Jim Allen,   May 31, 2001...................       200177
                                                            28, 2001, Journal     Mayor, City of Shawnee,
                                                            Herald.               11110 Johnson Drive,
                                                                                  Shawnee, Kansas 66203.
Nebraska: Lancaster (FEMA Docket    City of Lincoln......  April 19, 2001,       The Honorable Don Wesely,  March 13, 2001.................       315273
 No. 7606).                                                 April 26, 2001        Mayor, City of Lincoln,
                                                            Lincoln Journal       555 South 10th Street,
                                                            Star.                 Room 208, Lincoln,
                                                                                  Nebraska 68508.
Ohio: Summit (FEMA Docket No.       City of Twinsburg....  August 9, 2001,       The Honorable K. A.        November 15, 2001..............       390534
 7606).                                                     August 16, 2001,      Procop, Mayor, City of
                                                            Twinsburg Bulletin.   Twinsburg, 10075 Ravenna
                                                                                  Road, Twinsburg, Ohio
                                                                                  44087.
Oklahoma: Jefferson (FEMA Docket    City of Waurika......  July 5, 2001, July    The Honorable Biff Eck,    October 11, 2001...............       400076
 No. 7606).                                                 12, 2001, Waurika     Mayor, City of Waurika,
                                                            News-Democrat.        122 South Main, Waurika,
                                                                                  Oklahoma 73573.
Texas:
    Hidalgo (FEMA Docket No. 7604)  City of Edinburg.....  May 24, 2001, May     The Honorable Joe Ochoa,   May 14, 2001...................       480338
                                                            31, 2001, Edinburg    Mayor, City of Edinburg,
                                                            Daily Review.         P.O. Box 1079, Edinburg,
                                                                                  Texas 78540.
     Hidalgo (FEMA Docket No.       Unincorporated Areas.  May 24, 2001, May     The Honorable Jose E.      May 17, 2001...................       480334
     7604).                                                 31, 2001, Monitor.    Pulido, Hidalgo County
                                                                                  Judge, P.O. Box 1356,
                                                                                  Edinburg, Texas 78540.
    Denton (FEMA Docket No. 7606).  Town of Little Elm...  July 12, 2001, July   The Honorable Jim Pelley,  October 18, 2001...............       481152
                                                            19, 2001, Denton      Mayor, Town of Little
                                                            Record-Chronicle.     Elm, P.O. Box 129,
                                                                                  Little Elm, Texas 75068.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance'')

    Dated: January 8, 2002.
Robert F. Shea,
Acting Administrator, Federal Insurance and Mitigation Administration.
[FR Doc. 02-802 Filed 1-11-02; 8:45 am]
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