[Federal Register Volume 67, Number 160 (Monday, August 19, 2002)]
[Rules and Regulations]
[Pages 53745-53747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20963]


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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 65

[Docket No. FEMA-P-7614]


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 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, Federal Insurance and Mitigation Administration, 
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 Administrator for Federal Insurance and Mitigation

[[Page 53746]]

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:

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                                                           Dates and name of
         State and county                Location           newspaper where     Chief executive officer   Effective date of modification   Community No.
                                                         notice was published        of  community
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Arkansas: Pulaski (01-06-1835P)..  City of Little Rock.  July 10, 2002; July   The Honorable Jim Dailey,  October 16, 2002..............          050181
                                                          17, 2002; Little      Mayor, City of Little
                                                          Rock Free Press.      Rock, 500 West Markham
                                                                                Street, Room 203, Little
                                                                                Rock, Arkansas 72201.
Illinois:
    McHenry (01-05-3762P)........  Village of Lake In    July 2, 2002; July    Mr. Ed Plaza, Village      October 8, 2002...............          170481
                                    The Hills.            9, 2002; The          President, 1115 Crystal
                                                          Northwest Herald.     Lake Road, Lake In The
                                                                                Hills, Illinois 60156.
    McHenry (01-05-3762P)........  Unincorporated Areas  July 2, 2002; July    Mr. Mike Tryon,            October 8, 2002...............          170732
                                                          9, 2002 The           Chairperson, McHenry
                                                          Northwest Herald.     County Board, McHenry
                                                                                County Government
                                                                                Center, 2200 North
                                                                                Seminary Avenue,
                                                                                Woodstock, Illinois
                                                                                60098.
    Cook (02-05-2333P)...........  Village of Palos      July 9, 2002; July    The Honorable Jean A.      October 15, 2002..............          170144
                                    Park.                 16, 2002; Daily       Moran, Mayor, Village of
                                                          Southtown.            Palos Park, 8999 West
                                                                                123rd Street, Palos
                                                                                Park, Illinois 60464.
Kansas: Sedgwick (00-07-493P)....  City of Wichita.....  May 24, 2001; May     The Honorable Bob Knight,  August 31, 2001...............          200328
                                                          31, 2001; Wichita     Mayor, City of Wichita,
                                                          Eagle.                455 North Main Street,
                                                                                5th Floor, Wichita,
                                                                                Kansas 67202.
Ohio:
    Lorain (02-05-0982P).........  City of Avon........  July 9, 2002; July    The Honorable James A.     June 21, 2002.................          390348
                                                          16, 2002; The         Smith, Mayor, City of
                                                          Morning Journal.      Avon, 36080 Chester
                                                                                Road, Avon, Ohio 44011.
    Franklin (01-05-1827P).......  City of Columbus....  July 8, 2002; July    The Honorable Michael B.   October 14, 2002..............          390170
                                                          15, 2002; Columbus    Coleman, Mayor, City of
                                                          Dispatch.             Columbus, 90 West Broad
                                                                                Street, Columbus, Ohio
                                                                                43215.
    Franklin (01-05-1827P).......  Unincorporated Areas  July 8, 2002; July    The Honorable Arlene       October 14, 2002..............          390167
                                                          15, 2002; Columbus    Shoemaker, President,
                                                          Dispatch.             Franklin County Board of
                                                                                Commissioners, 373 South
                                                                                High Street, 26th Floor,
                                                                                Columbus, Ohio 43215.
    Franklin (01-05-1827P).......  Village of Groveport  July 8, 2002; July    Mr. Anthony Bales,         October 14, 2002..............          390174
                                                          15, 2002; Southwest   Village Administrator,
                                                          Messenger.            Village of Groveport,
                                                                                Groveport Municipal
                                                                                Building, 655 Blacklick
                                                                                Street, Groveport, Ohio
                                                                                43125.
    Butler and Warren (01-05-      Village of Monroe...  July 3, 2002; July    The Honorable Michael P.   October 9, 2002...............          390042
     1645P).                                              10, 2002;             Morris, Major, Village
                                                          Middletown Journal.   of Monroe, 233 South
                                                                                Main Street, Monroe,
                                                                                Ohio 45050.
    Montgomery (02-05-0845P).....  Unincorporated Areas  July 9, 2002; July    Mr. Charles J. Curran,     October 15, 2002..............          390775
                                                          16, 2002; Dayton      Commissioner, Montgomery
                                                          Daily News.           County, 451 West Third
                                                                                Street, Dayton, Ohio
                                                                                45422.

[[Page 53747]]

 
    Warren (01-05-1645P).........  Unincorporated Areas  July 3, 2002; July    Mr. C. Michael Kilburn,    October 9, 2002...............          390757
                                                          10, 2002; The         President, Warren County
                                                          Western Star.         Board of Commissioners,
                                                                                406 Justice Drive,
                                                                                Lebanon, Ohio 45036.
Oklahoma:
    Oklahoma (02-06-281P)........  City of Edmond......  July 16, 2002; July   The Honorable Saundra      July 2, 2002..................          400252
                                                          23, 2002; The         Naifeh, Mayor, City of
                                                          Edmond Sun.           Edmond, P.O. Box 2970,
                                                                                Edmond, OK 73083.
    McClain, Oklahoma, Canadian,   City of Oklahoma      July 24, 2002; July   The Honorable Kirk         October 30, 2002..............          405378
     Cleveland, and Pottawatomie    City.                 31, 2002; The Daily   Humphreys, Mayor, City
     (01-06-1912P).                                       Oklahoman.            of Oklahoma City, 200
                                                                                North Walker, Suite 302,
                                                                                Oklahoma City, Oklahoma
                                                                                73102.
Texas:
    Denton (02-06-525P)..........  Town of Corinth.....  July 16, 2002; July   The Honorable J.B.         October 22, 2002..............          481143
                                                          23, 2002; Denton      Troutman, Mayor, Town of
                                                          Record Chronicle.     Corinth, 2002 South
                                                                                Corinth Street, Corinth,
                                                                                Texas 76210.
    Tarrant (02-06-453P).........  City of Fort Worth..  July 19, 2002; July   The Honorable Kenneth      October 25, 2002..............          480596
                                                          26, 2002; Fort        Barr, Mayor, City of
                                                          Worth Star-Telegram.  Fort Worth, City Hall,
                                                                                1000 Throckmorton
                                                                                Street, Fort Worth,
                                                                                Texas 76102-6311.
    Dallas (02-06-1535P).........  City of Garland.....  July 18, 2002; July   The Honorable Jim Spence,  June 28, 2002.................          458471
                                                          25, 2002; Garland     Mayor, City of Garland,
                                                          Morning News.         P.O. Box 469002,
                                                                                Garland, Texas 75046.
    Harrison and Gregg (02-06-     City of Longview....  July 11, 2002; July   The Honorable Earl         October 17, 2002..............          480264
     1946P).                                              18, 2002; Longview    Roberts, Mayor, City of
                                                          News Journal.         Longview, P.O. Box 1952,
                                                                                Longview, Texas 75606-
                                                                                1952.
    Bexar (02-06-1320P)..........  City of San Antonio.  July 11, 2002; July   The Honorable Ed Garza,    October 17, 2002..............          480045
                                                          18, 2002; San         Mayor, City of San
                                                          Antonino Express-     Antonio, P.O. Box
                                                          News.                 839966, San Antonio,
                                                                                Texas 78282-3966.
    Bexar (02-06-252P)...........  City of San Antonio.  July 19, 2002; July   The Honorable Ed Garza,    October 25, 2002..............          480045
                                                          26, 2002; San         Mayor, City of San
                                                          Antonio Express-      Antonio, P.O. Box
                                                          News.                 839966, San Antonio,
                                                                                Texas 78283-3966.
    Tarrant (02-06-453P).........  Unincorporated Areas  July 19, 2002; July   The Honorable Tom          October 25, 2002..............          480582
                                                          26, 2002; Fort        Vandergriff, Judge,
                                                          Worth Star Telegram.  Tarrant County, 100 East
                                                                                Weatherford Street, Fort
                                                                                Worth, Texas 76196-0101.
    Bexar (01-06-1218P)..........  City of Universal     July 11, 2002; July   The Honorable Wesley D.    October 17, 2002..............          480049
                                    City.                 18, 2002; Primetime   Becken, Mayor, City of
                                                          Newspapers.           Universal City, P.O. Box
                                                                                3008, Universal City,
                                                                                Texas 78148.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance.'')

    Dated: August 9, 2002.
Anthony S. Lowe,
Administrator, Federal Insurance and Mitigation Administration.
[FR Doc. 02-20963 Filed 8-16-02; 8:45 am]
BILLING CODE 6718-04-P