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Rule

Changes in Flood Elevation Determinations

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Information about this document as published in the Federal Register.

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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 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.

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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) 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.Start Printed Page 1612

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 Administrator for Federal Insurance and Mitigation 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.

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List of Subjects in 44 CFR Part 65

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Accordingly,

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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 No.
Arkansas: CraigheadCity of JonesboroSept. 4, 2001, Sept. 11, 2001, Jonesboro SunThe Honorable Hubert Brodell, Mayor, City of Jonesboro, P.O. Box 1845, Jonesboro, Arkansas 72403-1845Aug. 15, 2001050048
Indiana:
HowardUnincorporated AreasOct. 23, 2001, Oct. 30, 2001, Kokomo TribuneMr. John Harbaugh, President, Howard County Board of Commissioners, 230 North Main, Kokomo, Indiana 46901Oct. 12, 2001180414
HowardCity of KokomoOct. 23, 2001, Oct. 30, 2001, Kokomo TribuneThe Honorable James Trobaugh, Mayor, City of Kokomo, 100 South Union Street, Kokomo, Indiana 46901Oct. 12, 2001180093
Minnesota: WinonaUnincorporated AreasDec. 21, 2001, Dec. 28, 2001 Winona Daily NewsMr. David Stoltman, Chairperson, Winona County, Board of Commissioners, 177 Main Street, Winona, Minnesota 55987Mar. 29, 2002270525
Missouri:
St. CharlesCity of CottlevilleOct. 5, 2001, Oct. 12, 2001, St. Charles JournalThe Honorable Robert Powers, Mayor, City of Cottleville, P.O. Box 387, Cottleville, Missouri 63338Jan. 11, 2002290898
St. CharlesUnincorporated AreasOct. 5, 2001, Oct. 12, 2001, St. Charles JournalMr. Joe Ortwerth, County Executive, St. Charles County, 201 North Second Street, St. Charles, Missouri 63301Jan. 11, 2002290315
Ohio: LorainCity of Avon LakeOct. 24, 2001, Oct. 31, 2001, Morning JournalThe Honorable Robert Berner, Mayor, City of Avon Lake, 150 Avon Belden Road,Avon Lake, Ohio 44012-1699Jan. 30, 2002390602
Oklahoma:
TulsaCity of Broken ArrowOct. 18, 2001, Oct. 25, 2001, Broken Arrow LedgerThe Honorable James Reynolds, Mayor, City of Broken Arrow, P.O. Box 610 Broken Arrow, Oklahoma 74013Jan. 24, 2002400236
TulsaCity of Broken ArrowNov. 1, 2001, Nov. 8, 2001, Broken Arrow LedgerThe Honorable James Reynolds, Mayor, City of Broken Arrow, 220 South First Street, Broken Arrow, Oklahoma 74012Feb. 7, 2002400236
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OklahomaCity of EdmondNov. 1, 2001, Nov. 8, 2001, Edmond SunThe Honorable Saundra Naifeh, Mayor, City of Edmond, P.O. Box 2970, Edmond, Oklahoma 73080Oct. 15, 2001400252
OklahomaCity of Oklahoma CityDec. 5, 2001, Dec. 12, 2001, Daily OklahomanThe Honorable Kirk Humphreys, Mayor, City of Oklahoma City, 200 North Walker, Suite 302, Oklahoma City, Oklahoma 73102Mar. 13, 2002405378
Texas:
Dallas and EllisCity of Cedar HillOct. 19, 2001, Oct. 26, 2001, Southwest Morning NewsThe Honorable Robert L. Franke, Mayor, City of Cedar Hill, P.O. Box 96, Cedar Hill, Texas 75106Jan. 24, 2002480168
ComalUnincorporated AreasNov. 16, 2001, Nov. 23, 2001, New Braunfels Herald-ZeitungThe Honorable Danny Scheel, Judge, Comal County, 150 North Seguin Street, New Braunfels, Texas 78130Feb. 22, 2002485463
DentonCity of DentonNov. 14, 2001, Nov. 21, 2001, Denton Record ChronicleThe Honorable Euline Brock, Mayor, City of Denton, 215 East McKinney Street, Denton, Texas 76201Feb. 20, 2002480194
CollinCity of FriscoDec. 12, 2001, Dec. 19, 2001, Plano Star CourierThe Honorable Kathy Seei, Mayor, City of Frisco, 6891 Main Street, Frisco, Texas 75034Mar. 20, 2002480134
DallasCity of GarlandDec. 21, 2001, Dec. 28, 2001, Garland Morning NewsThe Honorable Jim Spence, Mayor, City of Garland, P.O. Box 469002, Garland, Texas 75046-9002Nov. 9, 2001485471
Dallas and EllisCity of Grand PrairieOct. 19, 2001, Oct. 26, 2001, Arlington Morning NewsThe Honorable Charles England, Mayor, City of Grand Prairie, 317 College Street, P.O. Box 534045, Grand Prairie, Texas 75053-4045Jan. 24, 2002485472
Ellis, Tarrant, and DallasCity of Grand PrairieNov. 14, 2001, Nov. 21, 2001, Arlington Morning NewsThe Honorable Charles England, Mayor, City of Grand Prairie, 317 College Street, P.O. Box 534045, Grand Prairie, Texas 75053-4045Oct. 17, 2001485472
HarrisUnincorporated AreasNov. 8, 2001, Nov. 15, 2001, Houston ChronicleThe Honorable Robert Eckels, Judge, Harris County, 1001 Preston Street, Suite 911, Houston, Texas 77002Feb. 14, 2002480287
DallasCity of IrvingDec. 20, 2001, Dec. 27, 2001, Irving Morning NewsThe Honorable Joe H. Putnam, Mayor, City of Irving, P.O. Box 152288, 825 West Irving Boulevard, Irving, Texas 75015-2288Mar. 28, 2002480180
GalvestonCity of League CityDec. 13, 2001, Dec. 20, 2001, Galveston County Daily NewsThe Honorable A.T. Frankovich, Mayor, City of League City, City Hall, Suite 216, 200 West Walker, League City, Texas 77573Mar. 21, 2002485488
EllisCity of MidlothianNov. 8, 2001, Nov. 15, 2001, Midlothian MirrorThe Honorable David Setzer, Mayor, City of Midlothian, 104 West Avenue E, Midlothian, Texas 76065-0000Feb. 14, 2002480801
ParkerUnincorporated AreasSept. 12, 2001, Sept. 19, 2001, Weatherford DemocratThe Honorable Mark Riley, Judge, Parker County, 1 Court House Square, Weatherford, Texas 76086Aug. 9, 2001480520
Collin and DallasCity of RichardsonNov. 20, 2001, Nov. 27, 2001, Dallas Morning NewsThe Honorable Gary A. Slagel, Mayor, City of Richardson, P.O. Box 830309, Richardson, Texas 75083-0309Feb. 26, 2002480184
BexarCity of San AntonioDec. 21, 2001, Dec. 28, 2001, San Antonio Express NewsThe Honorable Ed Garza, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, Texas 78283-3966Mar. 29, 2002480045
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(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance”)

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Dated: January 8, 2002.

Robert F. Shea,

Acting Administrator, Federal Insurance and Mitigation Administration.

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[FR Doc. 02-803 Filed 1-11-02; 8:45 am]

BILLING CODE 6718-04-P