[Federal Register Volume 68, Number 241 (Tuesday, December 16, 2003)]
[Rules and Regulations]
[Pages 69959-69961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30991]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket No. FEMA-P-7630]


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% 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: Doug Bellomo, P.E., Hazard 
Identification Section, Emergency Preparedness and Response 
Directorate, Federal Emergency Management Agency, 500 C Street, SW., 
Washington, DC 20472, (202) 646-2903.

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 record keeping 
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:

[[Page 69960]]



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                                                             Dates and name of
         State and county                  Location           newspaper where      Chief executive officer         Effective date  of         Community
                                                            notice was published        of  community                 modification               No.
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Arkansas:
    Washington (Case No. 03-06-     Unincorporated Areas.  October 7, 2003,       The Honorable Jerry        Jan. 13, 2004.................       050212
     1948P).                                                October 14, 2003,      Hunton, Judge,
                                                            Northwest Arkansas     Washington County, 280
                                                            Times.                 North College Avenue,
                                                                                   Suite 500, Fayetteville,
                                                                                   AR 72701.
    Washington (Case No. 03-06-     City of Fayetteville.  October 7, 2003,       The Honorable Dan Coody,   Jan. 13, 2004.................       050216
     1948P).                                                October 14, 2003,      Mayor, City of
                                                            Northwest Arkansas     Fayetteville, 113 West
                                                            Times.                 Mountain Street,
                                                                                   Fayetteville, AR 72701.
Illinois: Kendall (Case No. 03-05-  Village of Oswego....  October 23, 2003,      Mr. Craig Weber,           Oct. 6, 2003..................       170345
 0545P).                                                    October 30, 2003,      President, Village of
                                                            The Ledger-Sentinel.   Oswego, 113 Main Street,
                                                                                   Oswego, IL 60543.
Indiana:
    Lake (Case No. 03-05-5175P)...  Town of Griffith.....  October 23, 2003,      The Honorable Stanley      Jan. 29, 2004.................       185175
                                                            October 30, 2003,      Dobosz, Town Council
                                                            The Times.             President, Town of
                                                                                   Griffith, 111 North
                                                                                   Broad Street, Griffith,
                                                                                   IN 46319.
    Lake (Case No. 03-05-5174P)...  Town of Highland.....  October 23, 2003,      The Honorable Mark Herak,  Jan. 29, 2004.................       185176
                                                            October 30, 2003,      Town Council President,
                                                            The Times.             Town of Highland, 3333
                                                                                   Ridge Road, Highland, IN
                                                                                   46322.
    Lake (Case No. 03-05-3366P)...  Unincorporated Areas.  October 23, 2003,      The Honorable Gerry J.     Jan. 29, 2004.................       180126
                                                            October 30, 2003,      Scheub, President, Lake
                                                            The Times.             County Board of
                                                                                   Commissioners, 2293
                                                                                   North Main Street, 3rd
                                                                                   Floor, Building A, Crown
                                                                                   Point, IN 46307.
Louisiana: East Baton Rouge Parish  City of Zachary......  October 16, 2003,      The Honorable Charlene     Sept. 30, 2003................       220061
 (Case No. 03-06-827P).                                     October 23, 2003,      Smith, Mayor, City of
                                                            The Zachary            Zachary, 4700 Main
                                                            Plainsman.             Street, Zachary, LA
                                                                                   70791.
Michigan: Macomb (Case No. 03-05-   City of Fraser.......  October 31, 2003,      The Honorable Edmund T.    Oct. 17, 2003.................       260122
 3367P).                                                    November 7, 2003,      Adamczyk, Mayor, City of
                                                            The Macomb Daily.      Fraser, City Hall, 33000
                                                                                   Garfield Road, Fraser,
                                                                                   MI 48026.
Minnesota: Carver (Case No. 02-05-  Unincorporated Areas.  October 23, 2003,      Mr. David Hemze, Acting    Jan. 29, 2004.................       270049
 0831P).                                                    October 30, 2003,      Administrator, Carver
                                                            The Waconia Patriot.   County, Carver County
                                                                                   Courthouse, 600 East
                                                                                   Fourth Street, Chaska,
                                                                                   MN 55318.
Missouri: St. Louis (Case No. 03-   Unincorporated Areas.  October 22, 2003,      Mr. Buzz Westfall, St.     Jan. 28, 2004.................       290327
 07-894P).                                                  October 29, 2003, St   Louis County Executive,
                                                            Louis Post Dispatch.   41 South Central Avenue,
                                                                                   St. Louis, MO 63105.
New Mexico:
    Bernalillo (Case No. 03-06-     City of Albuquerque..  October 23, 2003,      The Honorable Martin       Oct. 9, 2003..................       350002
     1734P).                                                October 30, 2003,      Chavez, Mayor, City of
                                                            Albuquerque Journal.   Albuquerque, P.O. Box
                                                                                   1293, Albuquerque, NM
                                                                                   87103.
    Bernalillo (Case No. 03-06-     Unincorporated Areas.  September 30, 2003,    Mr. Tom Rutherford,        Jan. 6, 2004..................       350001
     2528P).                                                October 7, 2003,       Chairperson, Bernalillo
                                                            Albuquerque Journal.   County, One Civic Plaza,
                                                                                   N.W., Albuquerque, NM
                                                                                   87102.
Ohio: Lorain (Case No. 02-05-       City of Avon Lake....  October 9, 2003,       The Honorable Robert       Sept. 24, 2003................       390602
 3235P).                                                    October 16, 2003,      Berner, Mayor, City of
                                                            The Sun.               Avon Lake, 150 Avon
                                                                                   Belden Road, Avon Lake,
                                                                                   OH 44012.
Oklahoma:
    Tulsa (Case No. 03-06-1541P)..  City of Tulsa........  October 17, 2003,      The Honorable Bill         Oct. 1, 2003..................       405381
                                                            October 24, 2003,      LaFortune, Mayor, City
                                                            Tulsa World.           of Tulsa, City Hall, 200
                                                                                   Civic Center, Tulsa, OK
                                                                                   74103.
    Tulsa (Case No. 03-06-1945P)..  City of Tulsa........  October 24, 2003,      The Honorable Bill         Oct. 9, 2003..................       405381
                                                            October 31, 2003,      LaFortune, Mayor, City
                                                            Tulsa World.           of Tulsa, City Hall, 200
                                                                                   Civic Center, Tulsa, OK
                                                                                   74103.
Texas:
    Johnson (Case No. 03-06-060P).  City of Burleson.....  October 22, 2003,      The Honorable Byron        Jan. 28, 2004.................       485459
                                                            October 29, 2003,      Black, Mayor, City of
                                                            The Burleson Star.     Burleson, 141 West
                                                                                   Renfro, Burleson, TX
                                                                                   76028.

[[Page 69961]]

 
    Dallas (Case No. 03-06-435P)..  City of Carrollton...  October 24, 2003,      The Honorable Mark         Oct. 7, 2003..................       480167
                                                            October 31, 2003,      Stokes, Mayor, City of
                                                            Northwest Morning      Carrollton, 1945 E.
                                                            News.                  Jackson Road,
                                                                                   Carrollton, TX 75006.
    Dallas (Case No. 02-06-2440P).  City of Cedar Hill...  October 17, 2003,      The Honorable Robert       Jan. 23, 2004.................       480168
                                                            October 24, 2003,      Franke, Mayor, City of
                                                            Dallas Morning News.   Cedar Hill, P.O. Box 96,
                                                                                   Cedar Hill, TX 75106.
    Denton (Case No. 03-06-1926P).  Town of Flower Mound.  October 29, 2003,      The Honorable Lori         Oct. 15, 2003.................       480777
                                                            November 5, 2003,      DeLuca, Mayor, Town of
                                                            Flower Mound Leader.   Flower Mound, 2121 Cross
                                                                                   Timbers Road, Flower
                                                                                   Mound, TX 75028.
    Tarrant (Case No. 02-06-2311P)  City of Fort Worth...  October 21, 2003,      The Honorable Michael J.   Oct. 9, 2003..................       480596
                                                            October 28, 2003 The   Moncrief, Mayor, City of
                                                            Star Telegram.         Fort Worth, 1000
                                                                                   Throckmorton Street,
                                                                                   Fort Worth, TX 76102-
                                                                                   6311.
    Tarrant (Case No. 03-06-1376P)  City of Fort Worth...  October 22, 2003,      The Honorable Michael J.   Oct. 7, 2003..................       480596
                                                            October 29, 2003,      Moncrief, Mayor, City of
                                                            The Star Telegram.     Fort Worth, 1000
                                                                                   Throckmorton Street,
                                                                                   Fort Worth, TX 76102-
                                                                                   6311.
    Denton (Case No. 03-06-435P)..  City of Hebron.......  October 22, 2003,      The Honorable Kelly Clem,  Oct. 7, 2003..................       481495
                                                            October 29, 2003,      Mayor, Town of Hebron,
                                                            The Carrollton         4216 Charles Street,
                                                            Leader.                Carrollton, TX 75010.
    Tarrant (Case No. 03-06-444P).  City of North          October 22, 2003,      The Honorable T. Oscar     Oct. 7, 2003..................       480607
                                     Richland Hills.        October 29, 2003 The   Trevino, Jr., Mayor,
                                                            North East Tarrant     City of North Richland
                                                            County Morning News.   Hills, 7301 North East
                                                                                   Loop 820, North Richland
                                                                                   Hills, TX 76180.
    Collin (Case No. 03-06-407P)..  City of Plano........  October 29, 2003,      The Honorable Pat Evans,   Feb. 4, 2004..................       480140
                                                            November 5, 2003       Mayor, City of Plano,
                                                            Plano Star Courier.    P.O. Box 860358, Plano,
                                                                                   TX 75086-0358.
    Hays (Case No. 02-06-1681P)...  City of San Marcos...  October 17, 2003,      The Honorable Robert       Sept. 30, 2003................       485505
                                                            October 24, 2003,      Habingreither, Mayor,
                                                            San Marcos Daily       City of San Marcos, 630
                                                            Record.                East Hopkins, San
                                                                                   Marcos, TX 78666.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance'')

    Dated: December 9, 2003.
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response 
Directorate.
[FR Doc. 03-30991 Filed 12-15-03; 8:45 am]
BILLING CODE 6718-04-P