[Federal Register Volume 68, Number 82 (Tuesday, April 29, 2003)]
[Rules and Regulations]
[Pages 22618-22620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10523]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket No. FEMA-P-7622]


Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, Emergency Preparedness and 
Response Directorate, Department of Homeland Security.

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 Mitigation Division 
Director for the Emergency Preparedness and Response Directorate 
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: Mary Jean Pajak, Federal Emergency 
Management Agency, 500 C Street, SW., Washington, DC 20472.

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 Mitigation Division Director of the Emergency Preparedness and 
Response Directorate 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.

0
Accordingly, 44 CFR part 65 is amended to read as follows:

PART 65--[AMENDED]

0
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]

0
2. The tables published under the authority of Sec.  65.4 are amended 
as follows:

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                                                   Dates and name
                                                    of newspaper     Chief executive    Effective     Community
       State and county             Location      where notice was     officer of        date of         No.
                                                      published         community      modification
----------------------------------------------------------------------------------------------------------------
Illinois:
    Cook (Case No. 02-05-       Village of        January 30,       The Honorable     Jan. 15, 2003       170140
     2981P).                     Orland Park.      2003, February    Daniel
                                                   6, 2003, The      McLaughlin,
                                                   Orland Township   Mayor, Village
                                                   Messenger.        of Orland Park,
                                                                     Village Hall,
                                                                     14700 South
                                                                     Ravinia Avenue,
                                                                     Orland Park,
                                                                     Illinois 60462.

[[Page 22619]]

 
    Cook (Case No. 02-05-       Village of        January 16,       Mr. Gregory       Dec. 27, 2002       170173
     1847P).                     Wheeling.         2003, January     Klatecki,
                                                   23, 2003, The     President,
                                                   Wheeling          Village of
                                                   Countryside.      Wheeling, 255
                                                                     West Dundee
                                                                     Road, Wheeling,
                                                                     Illinois 60090-
                                                                     4726.
Indiana: Lake (Case No. 02-05-  Town of           January 16,       Mr. Richard       Jan. 27, 2003       180142
 3647P).                         Schererville.     2003, January     Krame, City
                                                   23, 2003, The     Manager, Town
                                                   Times.            of
                                                                     Schererville,
                                                                     833 West
                                                                     Lincoln
                                                                     Highway, Suite
                                                                     B20W,
                                                                     Schererville,
                                                                     Indiana 46375.
Kansas: Sedgwick (Case No. 02-  City of Wichita.  January 6, 2003,  The Honorable     Dec. 6, 2002.       200328
 07-250P).                                         January 13,       Bob Knight,
                                                   2003, The         Mayor, City of
                                                   Wichita Eagle.    Wichita, City
                                                                     Hall, 455 North
                                                                     Main, Wichita,
                                                                     Kansas 67202.
Minnesota: Ramsey (Case No. 02- City of New       January 15,       The Honorable     April 23,           270380
 05-0197P).                      Brighton.         2003, January     Steve Larson,     2003.
                                                   22, 2003, New     Mayor, City of
                                                   Brighton-Mounds   New Brighton,
                                                   View Bulletin.    803 Old Highway
                                                                     8 N.W., New
                                                                     Brighton,
                                                                     Minnesota 55112.
Missouri: St. Louis (Case No.   Unincorporated    January 16,       Mr. Buzz          April 24,           290327
 02-07-0172P).                   Areas.            2003, January     Westfall,         2003.
                                                   23, 2003, St.     County
                                                   Louis Post        Executive, St.
                                                   Dispatch.         Louis County,
                                                                     41 South
                                                                     Central Avenue,
                                                                     St. Louis,
                                                                     Missouri 63105.
New Mexico:
    Bernalillo (Case No. 02-06- City of           January 24,       The Honorable     Jan. 8, 2003.       350002
     2143P).                     Albuquerque.      2003, January     Martin Chavez,
                                                   31, 2003,         Mayor, City of
                                                   Albuquerque       Albuquerque,
                                                   Journal.          P.O. box 1293,
                                                                     Albuquerque,
                                                                     New Mexico
                                                                     87103.
    Bernalillo (Case No. 02-06- Unincorporated    January 24,       Mr. Tim Cummins,  Jan. 8, 2003.       350001
     2143P).                     Areas.            2003, January     Bernalillo
                                                   31, 2003,         County
                                                   Albuquerque       Commissioner,
                                                   Journal.          One Civic
                                                                     Plaza, N.W.,
                                                                     Albuquerque,
                                                                     New Mexico
                                                                     87102.
Ohio:
    Franklin (Case No. 02-05-   Unincorporated    January 9, 2003,  Mr. Dewey R.      Jan. 14, 2003       390167
     3227P).                     Areas.            January 16,       Stokes,
                                                   2003, The         President,
                                                   Columbus          Franklin
                                                   Dispatch.         County, Board
                                                                     of
                                                                     Commissioners,
                                                                     373 South High
                                                                     Street, 26th
                                                                     Floor,
                                                                     Columbus, Ohio
                                                                     43215-6304.
    Lorain (Case No. 02-05-     City of North     February 19,      The Honorable     May 28, 2002.       390352
     1839P).                     Ridgeville.       2003, February    Deanna Hill,
                                                   26, 2003, The     Mayor, City of
                                                   Chronicle         North
                                                   Telegram.         Ridgeville,
                                                                     7307 Avon
                                                                     Belden Road,
                                                                     North
                                                                     Ridgeville,
                                                                     Ohio 44039.
Oklahoma:
    Tulsa (Case No. 01-06-      City of Broken    January 8, 2003,  The Honorable     April 16,           400236
     839P).                      Arrow.            January 15,       James Reynolds,   2003.
                                                   2003, Broken      Mayor, City of
                                                   Arrow Ledger.     Broken Arrow,
                                                                     706 East Mason
                                                                     Drive, Broken
                                                                     Arrow, OK 74012.
    Oklahoma (Case No. 02-06-   City of Oklahoma  January 17,       The Honorable     April 25,           405378
     1547P).                     City.             2003, January     Kirk Humphreys,   2003.
                                                   24, 2003, The     Mayor, City of
                                                   Daily Oklahoman.  Oklahoma City,
                                                                     200 North
                                                                     Walker, Suite
                                                                     302, Oklahoma
                                                                     City, Oklahoma
                                                                     73102.
    Oklahoma, Canadian,         City of Oklahoma  January 20,       The Honorable     Jan. 9, 2003.       405378
     Cleveland, McClain, &       City.             2003, January     Kirk Humphreys,
     Pottawatomie (Case No. 03-                    27, 2003, The     Mayor, City of
     06-433P).                                     Daily Oklahoman.  Oklahoma City,
                                                                     200 North
                                                                     Walker, Suite
                                                                     302, Oklahoma
                                                                     City, OK 73102.
    Rogers (Case No. 03-06-     Unincorporated    January 9, 2003,  Mr. Gerry Payne,  Dec. 9, 2002.       405379
     012P).                      Areas.            January 16,       Chairman,
                                                   2003, The         Rogers County,
                                                   Claremore Daily   Board of
                                                   Progress.         Commissioners,
                                                                     219 South
                                                                     Missouri,
                                                                     Claremore,
                                                                     Oklahoma 74017.
    Wagoner (Case No. 03-06-    Unincorporated    January 9, 2003,  Mr. Allan         Dec. 9, 2002.       400215
     012P).                      Areas.            January 16,       Farley,
                                                   2003, The         Chairman,
                                                   Wagoner Tribune.  Wagoner County,
                                                                     Board of
                                                                     Commissioners,
                                                                     307 East
                                                                     Cherokee
                                                                     Street,
                                                                     Wagoner,
                                                                     Oklahoma 74467.

[[Page 22620]]

 
Texas:
    Collin (Case No. 02-06-     City of Allen...  January 10,       The Honorable     April 18,           480131
     375P).                                        2003, January     Stephen           2003.
                                                   17, 2003, The     Terrell, Mayor,
                                                   Allen American.   City of Allen,
                                                                     One Allen Civic
                                                                     Plaza, Allen,
                                                                     Texas 75013.
    Johnson (Case No. 02-06-    City of Burle-    January 8, 2003,  The Honorable     April 16,           485459
     2441P).                     son.              January 15,       Byron Black,      2003.
                                                   2003, The         Mayor, City of
                                                   Burleson Star.    Burleson, 141
                                                                     West Renfro,
                                                                     Burleson, Texas
                                                                     76028.
    Fort Bend (Case No. 02-06-  Unincorporated    January 22,       The Honorable     Dec. 31, 2002       480228
     376P).                      Areas.            2003, January     James C.
                                                   29, 2003, Fort    Adolphus,
                                                   Bend Star.        Judge, Fort
                                                                     Bend County,
                                                                     301 Jackson
                                                                     Street, Suite
                                                                     719, Richmond,
                                                                     Texas 77469.
    Denton (Case No. 03-06-     City of Fort      January 24,       The Honorable     May 2, 2003..       480596
     040P).                      Worth.            2003, January     Kenneth Barr,
                                                   31, 2003, The     Mayor, City of
                                                   Star Telegram.    Fort Worth,
                                                                     1000
                                                                     Throckmorton
                                                                     Street, Fort
                                                                     Worth, Texas
                                                                     76102.
    Tarrant (Case No. 02-06-    City of Fort      January 8, 2003,  The Honorable     Jan. 13, 2003       480596
     2441P).                     Worth.            January 15,       Kenneth Barr,
                                                   2003, The Star    Mayor, City of
                                                   Telegram.         Fort Worth,
                                                                     1000
                                                                     Throckmorton
                                                                     Street, Fort
                                                                     Worth, Texas
                                                                     76102.
    Harris (Case No. 01-06-     Unincorporated    January 10,       The Honorable     April 18,           480287
     2046P).                     Areas.            2003, January     Robert Eckels,    2003.
                                                   17, 2003,         Judge, Harris
                                                   Houston           County, 1001
                                                   Chronicle.        Preston Street,
                                                                     Suite 911,
                                                                     Houston, Texas
                                                                     77002.
    Dallas (Case No. 02-06-     Town of Highland  January 22,       The Honorable     Jan. 3, 2003.       480178
     2421P).                     Park.             2003, January     William White,
                                                   29, 2003, Park    Jr., Mayor,
                                                   Cities Morning    Town of
                                                   News.             Highland Park,
                                                                     Town Hall, 4700
                                                                     Drexel Drive,
                                                                     Highland Park,
                                                                     Texas 75205.
    Bexar (Case No. 02-06-      City of San       January 30,       The Honorable Ed  May 8, 2003..       480045
     2307P).                     Antonio.          2003, February    Garza, Mayor,
                                                   6, 2003, San      City of San
                                                   Antonio Express   Antonio, P.O.
                                                   News.             Box 839966, San
                                                                     Antonio, Texas
                                                                     78283.
    Bexar (Case No. 02-06-      City of Selma...  January 23,       The Honorable     May 1, 2003..       480046
     1838P).                                       2003, January     James Parma,
                                                   30, 2003, The     Mayor, City of
                                                   Herald.           Selma, 9375
                                                                     Corporate
                                                                     Drive, Selma,
                                                                     Texas 78154.
    Tarrant (Case No. 02-06-    Unincorporated    January 8, 2003,  The Honorable     Jan. 13, 2003       480582
     2441P).                     Areas.            January 15,       Tom
                                                   2003, The Star    Vandergriff,
                                                   Telegram.         Judge, Tarrant
                                                                     County, 100
                                                                     East
                                                                     Weatherford,
                                                                     Fort Worth,
                                                                     Texas 76196.
    Bexar (Case No. 02-06-      City of           January 23,       The Honorable     May 1, 2003..       480049
     1838P).                     Universal City.   2003, January     Wesley D.
                                                   30, 2003, The     Becken, Mayor,
                                                   Herald.           City of
                                                                     Universal City,
                                                                     P.O. Box 3008,
                                                                     Universal City,
                                                                     Texas 78184.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance.'')

    Dated: April 23, 2003.
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response 
Directorate.
[FR Doc. 03-10523 Filed 4-28-03; 8:45 am]
BILLING CODE 6718-04-P