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Rule

Changes in Flood Elevation Determinations

Document Details

Information about this document as published in the Federal Register.

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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 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.

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: Sebastian (01-06-1837P)City of Fort SmithJune 12, 2002; June 19, 2002; Southwest Times RecordThe Honorable C. Raymond Baker, Mayor, City of Fort Smith, P.O. Box 1908, Fort Smith, AR 72902May 31, 2002055013
Illinois:
Will (02-05-2034P)City of JolietJune 20, 2002; June 27, 2002; Farmers Weekly ReviewThe Honorable Arthur Schultz, Mayor, City of Joliet, Municipal Building, 150 West Jefferson Street, Joliet, IL 60432September 26, 2002170702
Cook (01-05-3763P)Village of Palos ParkMay 1, 2002; May 8, 2002; Daily SouthtownThe Honorable Jean Moran, Mayor, Village of Palos Park, 8999 West 123rd Street, Palos Park, IL 60464August 7, 2002170144
Will (02-05-2034P)Village of PlainfieldJune 19, 2002; June 26, 2002; The EnterpriseMr. Richard Rock, Village President, Village of Plainfield, 530 West Lockport Street, Suite 206, Plainfield, IL 60544September 25, 2002170771
Will (02-05-2034P)Unincorporated AreasJune 19, 2002; June 25, 2002; The Herald NewsMr. Joseph Mikan, County Executive, Will County, 302 North Chicago Street, Joliet, IL 60432September 24, 2002170695
Michigan: Wayne (01-05-2843P)Township of CantonJuly 11, 2002; July 18, 2002; Michigan Community NewspapersMr. Thomas Yack, Township Supervisor, Township of Canton, 1150 South Canton Center, Canton, MI 48188June 14, 2002260219
Minnesota:
Dakota (01-05-2461P)City of LakevilleMay 1, 2002; May 8, 2002; The Lakeville Sun-CurrentMr. Robert Erickson, Lakeville City Administrator, 20195 Holyoke Avenue, Lakeville, MN 55044August 7, 2002270107
Dakota (02-05-0298P)City of LakevilleMay 22, 2002; May 29, 2002; The Lakeville Sun-CurrentMr. Robert Erickson, Lakeville City Administrator, 20195 Holyoke Avenue, Lakeville, MN 55044August 28, 2002270107
Lyon (02-05-1586P)City of MarshallMay 24, 2002; May 31, 2002; Marshall IndependentThe Honorable Robert Byrnes, Mayor, City of Marshall, 344 West Main Street, Marshall, MN 56258August 30, 2002270258
Missouri: Howell (00-07-791P)City of West PlainsJune 21, 2002; June 28, 2002; West Plains Daily QuillThe Honorable Joe Paul Evans, Mayor, City of West Plains, P.O. Box 710, West Plains, MO 65775December 6, 2002290166
Ohio:
Lorain (02-05-1841P)City of Avon LakeMay 23, 2002; May 30, 2002; The SunThe Honorable Robert Berner, Mayor, City of Avon Lake, 150 Avon-Belden Road Avon Lake, OH 44012August 28, 2002390602
Cuyahoga (01-05-542P)City of Parma HeightsMay 2, 2002; May 9, 2002; Parma Sun PostThe Honorable Paul Cassidy, Mayor, City of Parma Heights, 6281 Pearl Road, Parma Heights, OH 44130August 8, 2002390124
Franklin and Delaware (02-05-1465P)City of WestervilleMay 22, 2002; May 29, 2002; Westerville News and Public OpinionThe Honorable Stewart Flaherty, Mayor, City of Westerville, 21 South State Street, Westerville, OH 43081August 28, 2002390179
Oklahoma:
Tulsa (01-06-701P)City of BixbyApril 25, 2002; May 2, 2002; Bixby BulletinThe Honorable Joe Williams, Mayor, City of Bixby, 116 West Needles Street, Bixby, OK 74008August 1, 2002400207
Oklahoma, Candian, Cleveland, McClain, and Pottawatomie (01-06-2001P)City of OklahomaJune 18, 2002; June 25, 2002; The Daily OklahomanThe Honorable Kirk Humphreys, Mayor, City of Oklahoma City, 200 North Walker, Suite 302, Oklahoma City, OK 73102September 24, 2002405378
Texas:
Collin (02-06-1539)City of AllenMay 29, 2002; June 5, 2002; The Allen AmericanThe Honorable Steve Terrell, Mayor, City of Allen, One Allen Civic Plaza, Allen, TX 75013September 4, 2002480131
Collin (01-06-820P)City of AllenJune 12, 2002; June 19, 2002; The Allen AmericanThe Honorable Stephen Terrell, Mayor, City of Allen, One Allen Civic Plaza, Allen, TX 75013September 18, 2002480131
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Travis (02-06-826P)City of AustinApril 30, 2002; May 7, 2002; Austin American StatesmanThe Honorable Kirk P. Watson, Mayor, City of Austin, 124 West 8th Street, Austin, TX 78701August 6, 2002480624
Travis (01-06-338P)City of AustinMay 31, 2002; June 7, 2002; Austin American StatesmanThe Honorable Gus Garcia, Mayor, City of Austin, P.O. Box 1088, Austin, TX 78767September 6, 2002480624
Bexar (02-06-761P)Unincorporated AreasMay 9, 2002; May 16, 2002; San Antonio Express-NewsThe Honorable Nelson W. Wolff, Judge, Bexar County, 100 Dolorosa, Suite 120, San Antonio, TX 78205August 15, 2002480035
Bexar (01-06-1795P)Unincorporated AreasMay 24, 2002; May 31, 2002; San Antonio Express NewsThe Honorable Nelson W. Wolff, County Judge, Bexar County, 100 Dolorosa, Suite 120, San Antonia, TX 78205August 30, 2002480035
Brazos (02-06-031P)City of College StationMay 24, 2002; May 31, 2002; The Bryan/College Station EagleThe Honorable Lynn McIlhaney, Mayor, City of College Station, P.O. Box 9960, College Station, TX 77842-9960August 30, 2002480083
Denton (02-06-276P)City of DentonMay 22, 2002; May 29, 2002; Denton Record ChronicleThe Honorable Euline Brock, Mayor, City of Denton, 215 East McKinney Street, Denton, TX 76201May 2, 2002480194
Tarrant (01-06-982P)City of Fort WorthJune 7, 2002; June 14, 2002; Fort Worth Star TelegramThe Honorable Kenneth Barr, Mayor, City of Fort Worth, City Hall 1000 Throckmorton Street, Fort Worth, TX 76102September 13, 2002480596
Gillespie (00-06-1860P)City of FredericksburgMay 22, 2002; May 29, 2002; Fredericksburg Standard Radio PostThe Honorable Tim Crenweldge, Mayor, City of Fredericksburg, 126 West Main Street, Fredericksburg, TX 78624-3708August 28, 2002480252
Dallas (02-05-151P)City of GarlandMay 2, 2002; May 9, 2002; Garland Morning NewsThe Honorable Jim Spence, Mayor, City of Garland, P.O. Box 469002, Garland, TX 75046-9002August 8, 2002485471
Hood (02-06-198P)City of GranburyMay 30, 2002; June 6, 2002; Hood County NewsThe Honorable David Southern, Mayor, City of Granbury, P.O. Box 969, Granbury, TX 76048September 5, 2002480357
Dallas (01-06-1213P)City of Glenn HeightsMay 22, 2002; May 29, 2002; Focus Daily NewsThe Honorable Mary Coffman, Mayor, City of Glenn Heights, 1938 South Hampton, Glenn Heights, TX 75154August 28, 2002481265
Hidalgo (02-06-715P)Unincorporated AreasJune 20, 2002; June 27, 2002; The MonitorThe Honorable Jose E. Pulido, County Judge, Hidalgo County, 100 E. Cano Street, Edinburg, TX 78539May 30, 2002480334
Hood (02-06-198P)Unincorporated AreasMay 30, 2002; June 6, 2002; Hood County NewsThe Honorable Linda Steen, Judge, Hood County, 100 East Pearl Street, Granbury, TX 76048September 5, 2002480356
Tarrant, (01-06-1481P)City of HurstMay 24, 2002; May 31, 2002; Dallas Morning NewsThe Honorable Bill Souder, Mayor, City of Hurst, 1505 Precinct Line Road, Hurst, TX 76054April 30, 2002480601
Gregg and Harrison (02-06-512P)City of LongviewMay 10, 2002; May 17, 2002; Longview News JournalThe Honorable Earl Roberts, Mayor, City of Longview, P.O. Box 1952, 300 West Cotton Street, Longview, TX 75606August 16, 2002480264
Collin (01-06-1229P)City of McKinneyMay 7, 2002; May 14, 2002; McKinney Courier-GazetteThe Honorable Don Dozier, Mayor, City of McKinney, P.O. Box 517, McKinney, TX 75070August 13, 2002480135
Montgomery (02-06-763P)Unincorporated AreasMay 1, 2002; May 8, 2002; The CourierThe Honorable Alan B. Sadler Judge, Montgomery County, 301 North Thompson Street, Suite 210, Conroe, TX 77301August 7, 2002480483
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(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”)

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Dated: July 15, 2002.

Robert F. Shea,

Acting Administrator, Federal Insurance and Mitigation Administration.

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[FR Doc. 02-18528 Filed 7-22-02; 8:45 am]

BILLING CODE 6718-04-P