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Rule

Changes in Flood Elevation Determinations

Document Details

Information about this document as published in the Federal Register.

Published Document

This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

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AGENCY:

Federal Emergency Management Agency (FEMA).

ACTION:

Interim rule.

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 Acting Executive Associate Director for Mitigation 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.

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FOR FURTHER INFORMATION CONTACT:

Matthew B. Miller, P.E., Chief, Hazards Study Branch, Mitigation Directorate, FEMA, 500 C Street, SW., Washington, DC 20472, (202) 646-3461 or (e-mail) matt.miller@fema.gov.

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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 Acting Executive Associate Director for Mitigation 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.

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List of Subjects in 44 CFR Part 65

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

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PART 65—[AMENDED]

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1. The authority citation for Part 65 continues to read as follows:

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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.

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[Amended]
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2. The tables published under the authority of § 65.4 are amended as follows:

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State and countyLocationDates and name of newspaper where notice was publishedChief executive officer of communityEffective date of modificationCommunity number
Arkansas: WashingtonCity of SpringdaleApril 20, 2001, April 27, 2001, The Morning News of Northwest ArkansasThe Honorable Jerre Van Hoose, Mayor, City of Springdale, 201 Spring Street, Springdale, Arkansas 72764July 27, 2001050219
Illinois: LakeCity of WaukeganMarch 22, 2001, March 29, 2001, Chicago TributeThe Honorable Bill Durkin, Mayor, City of Waukegan, 106 North Utica, Waukegan, Illinois 60085June 29, 2001170397
Kansas: JohnsonCity of ShawneeFebruary 8, 2001, February 15, 2001, Topeka Capital-JournalThe Honorable Jim Allen, Mayor, City of Shawnee, City Hall, 11110 Johnson Drive, Shawnee, Kansas 66203January 18, 2001200177
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Oklahoma: OklahomaCity of EdmondMay 17, 2001, May 24, 2001, The Edmond SunThe Honorable Bob Rudkin, Mayor, City of Edmond, P. O. Box 202, Edmond, Oklahoma 73083August 23, 2001400252
Oklahoma: PottawatomieCity of ShawneeApril 20, 2001, April 27, 2001, The Shawnee News-StarThe Honorable Chris Harden, Mayor, City of Shawnee, P. O. Box 1448, Shawnee, Oklahoma 74802July 27, 2001400178
Texas: Potter and RandallCity of AmarilloFebruary 1, 2001, February 8, 2001, Amarillo Daily NewsThe Honorable Kel Seliger, Mayor, City of Amarillo, P. O. Box 1971, Amarillo, Texas 79105May 10, 2001480529
Texas: CollinUnincorporated AreasJanuary 18, 2001, January 25, 2001, Plano Star CourierMr. William J. Roberts, 210 South McDonald, McKinney, Texas 75069April 26, 2001480130
Texas: DentonCity of DentonMarch 23, 2001, March 30, 2001, Denton Record ChronicleThe Honorable Euline Brock, Mayor, City of Denton, 215 East McKinney Street, Denton, Texas 76201March 9, 2001480194
Texas: DentonUnincorporated AreasMarch 23, 2001, March 30, 2001, Denton Record ChronicleThe Honorable Kirk Wilson, Denton County Judge, Courthouse-on-the-Square, 110 West Hickory Street, Denton, Texas 76201-0000March 9, 2001480774
Texas: TarrantCity of EulessFebruary 22, 2001, March 1, 2001, Fort Worth Star TelegramThe Honorable Mary Lib Saleh, Mayor, City of Euless, 201 North Ector Drive, Euless, Texas 76039January 25, 2001480593
Texas: Dallas and CollinCity of GarlandApril 12, 2001, April 19, 2001, Garland NewsThe Honorable Jim Spence, Mayor, City of Garland, 200 North 5th Street, Garland, Texas 786046-9002July 19, 2001485471
Texas: Tarrant, Dallas and EllisCity of Grand PrairieApril 19, 2001, April 26, 2001, Arlington Morning NewsThe Honorable Charles England, Mayor, City of Grand Prairie, 317 College Street, P. O. Box 534045, Grand Prairie, Texas 75053-4045March 29, 2001485472
Texas: DallasCity of IrvingJanuary 18, 2001, January 25, 2001, Irving NewsThe Honorable Joe H. Putnam, Mayor, City of Irving, P. O. Box 152288, Irving, Texas 75060April 26, 2001480180
Texas: DallasCity of IrvingMarch 15, 2001, March 22, 2001, Irving NewsThe Honorable Joe H. Putnam, Mayor, City of Irving, P. O. Box 152288, Irving, Texas 75060February 20, 2001480180
Texas: MontgomeryUnincorporated AreasMarch 23, 2001, March 30, 2001, Conroe CourierThe Honorable Alan B. Sadler, Montgomery County Judge, 300 North Thompson Street, Suite 210, Conroe, Texas 77301June 29, 2001480483
Texas: CollinCity of PlanoJanuary 18, 2001, January 25, 2001, Plano Star CourierThe Honorable Jeran Akers, Mayor, City of Plano, P. O. Box 860358, Plano, Texas 75074April 26, 2001480140
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(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance”)

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Dated: May 30, 2001.

Margaret E. Lawless,

Acting Executive Associate Director for Mitigation.

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[FR Doc. 01-14572 Filed 6-8-01; 8:45 am]

BILLING CODE 6718-04-P