[Federal Register Volume 68, Number 126 (Tuesday, July 1, 2003)]
[Rules and Regulations]
[Pages 39021-39023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16543]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket No. FEMA-P-7624]


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 of 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, (202) 646-
2831.

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 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 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
          State and county                  Location         newspaper where notice     Chief executive officer of      Effective date of     Community
                                                                  was published                  community                 modification         number
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California: Alameda (Case No. 02-09- City of Hayward......  February 21, 2003,        The Honorable Roberta Cooper,   February 10, 2003....       065033
 542P).                                                      February 28, 2003, The    Mayor, City of Hayward, 777 B
                                                             Daily Review.             Street, Hayward, California
                                                                                       94541.
Illinois: Will (Case No. 02-05-      Village of             April 10, 2003, April     The Honorable Roger Claar,      July 17, 2003........       170812
 3078P).                              Bolingbrook.           17, 2003, The             Mayor, Village of
                                                             Bolingbrook Sun.          Bolingbrook, 375 West
                                                                                       Briarcliff Road, Bolingbrook,
                                                                                       Illinois 60440.
Iowa: Johnson (Case No. 02-07-356P)  City of Iowa City....  April 11, 2003, April     The Honorable Ernest W.         July 18, 2003........       190171
                                                             18, 2003, Iowa City       Lehman, Mayor, City of Iowa
                                                             Press-Citizen.            City, 410 East Washington
                                                                                       Street, Iowa City, Iowa 52240.

[[Page 39022]]

 
Kansas: Crawford (Case No. 02-07-    City of Pittsburg....  February 21, 2003,        The Honorable Allen Gill,       February 10, 2003....       200072
 785P).                                                      February 28, 2003, The    Mayor, City of Pittsburg, 201
                                                             Morning Sun.              West 4th Street, Pittsburg,
                                                                                       Kansas 66762.
Michigan: Macomb (Case No. 02-05-    Township of Macomb...  March 20, 2003, March     Mr. John D. Brennan, Township   June 26, 2003........       260445
 1637P).                                                     27, 2003, The Macomb      Supervisor, 54111 Broughton
                                                             Daily.                    Road, Macomb, Michigan 48042.
Ohio: Montgomery (Case No. 02-05-    City of Vandalia.....  March 5, 2003, March 12,  The Honorable Bill Loy, Mayor,  February 21, 2003....       390418
 3230P).                                                     2003, Dayton Daily News.  City of Vandalia, 333 James
                                                                                       Bohanon Drive, Vandalia, Ohio
                                                                                       45377.
Oklahoma: Oklahoma, Canadian,        City of Oklahoma City  March 20, 2003, March     The Honorable Kirk Humphreys,   February 25, 2003....       405378
 Cleveland, McClain, Pottawatomie                            27, 2003, The Daily       Mayor, City of Oklahoma City,
 (Case No. 03-06-693P).                                      Oklahoman.                200 North Walker, 3rd Floor,
                                                                                       Oklahoma City, Oklahoma 73102.
Oklahoma: Oklahoma, Canadian,        City of Oklahoma City  March 20, 2003, March     The Honorable Kirk Humphreys,   February 26, 2003....       405378
 Cleveland, McClain, Pottawatomie                            27, 2003, The Daily       Mayor, City of Oklahoma City,
 (Case No. 03-06-696P).                                      Oklahoman.                200 North Walker, 3rd Floor,
                                                                                       Oklahoma City, Oklahoma 73102.
Texas: Collin (Case No. 03-06-436P)  City of Allen........  April 3, 2003, April 10,  The Honorable Steve Terrell,    March 19, 2003.......       480131
                                                             2003, The Allen           Mayor, City of Allen, One
                                                             American.                 Allen Civic Plaza, Allen,
                                                                                       Texas 75013.
Texas: Dallas (Case No. 02-06-       City of Dallas.......  April 3, 2003, April 10,  The Honorable Laura Miller,     March 13, 2003.......       480171
 1259P).                                                     2003, Dallas Morning      Mayor, City of Dallas, 1500
                                                             News.                     Marilla Street, City Hall,
                                                                                       Dallas, Texas 75201.
Texas: Dallas (Case No. 02-06-       City of Farmers        February 21, 2003,        The Honorable Bob Phelps,       February 7, 2003.....       480174
 2308P).                              Branch.                February 28, 2003,        Mayor, City of Farmers
                                                             Northwest Morning News.   Branch, P.O. Box 819010,
                                                                                       Farmers Branch, Texas 75234.
Texas: Dallas (Case No. 02-06-       City of Garland......  April 3, 2003, April 10,  The Honorable Bob Day, Mayor,   March 13, 2003.......       485471
 1259P).                                                     2003, Garland Morning     City of Garland, P.O. Box
                                                             News.                     469002, Garland, Texas 75046.
Texas: Tarrant (Case No. 02-06-      City of Hurst........  February 21, 2003,        The Honorable William D.        January 31, 2003.....       480601
 2049P).                                                     February 28, 2003, The    Souder, Mayor, City of Hurst,
                                                             Star Telegram.            1505 Precinct Line Road,
                                                                                       Hurst, Texas 76054.
Texas: Williamson (Case No. 02-06-   City of Leander......  April 16, 2003, April     The Honorable Larry Barnett,    March 13, 2003.......       481536
 938P).                                                      23, 2003, Hill Country    Mayor, City of Leander, P.O.
                                                             News.                     Box 319, Leander, TX 78646.
Texas: Dallas (Case No. 02-06-       City of Mesquite.....  April 3, 2003, April 10,  The Honorable Mike Anderson,    March 13, 2003.......       485490
 1259P).                                                     2003, Mesquite Morning    Mayor, City of Mesquite, P.O.
                                                             News.                     Box 850137, Mesquite, Texas
                                                                                       75185.
Texas: Bexar (Case No. 02-06-1684P)  City of Selma........  April 17, 2003, April     The Honorable Jim Parma,        March 21, 2003.......       480046
                                                             24, 2003, The Herald.     Mayor, City of Selma, 9375
                                                                                       Corporate Drive, Selma, Texas
                                                                                       78154.
Texas: Bexar, Comal, Guadalupe       City of Schertz......  April 17, 2003, April     The Honorable Hal Baldwin,      March 21, 2003.......       480269
 (Case No. 02-06-1684P).                                     24, 2003, The Herald.     Mayor, City of Schertz,
                                                                                       Drawer 1, Schertz, Texas
                                                                                       78154.
Texas: Bexar, Comal, Guadalupe       City of Schertz,.....  February 13, 2003,        The Honorable Hal Baldwin,      February 3, 2003.....       480269
 (Case No. 02-06-432P).                                      February 20, 2003, The    Mayor, City of Schertz, P.O.
                                                             Herald.                   Box Drawer 1, Schertz, Texas
                                                                                       78154.
Texas: Williamson (Case No. 02-06-   Unincorporated Areas.  April 16, 2003, April     The Honorable John C.           March 13, 2003.......       481079
 938P).                                                      23, 2003, Williamson      Doerfler, Judge, Williamson
                                                             County Sun.               County, 710 Main Street,
                                                                                       Georgetown, Texas 78626.
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[[Page 39023]]

(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance'')


    Dated: June 24, 2003.
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response 
Directorate.
[FR Doc. 03-16543 Filed 6-30-03; 8:45 am]
BILLING CODE 6718-04-P