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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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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 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 Administrator for Federal Insurance and Mitigation Start Printed Page 53746Administration 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: Pulaski (01-06-1835P)City of Little RockJuly 10, 2002; July 17, 2002; Little Rock Free PressThe Honorable Jim Dailey, Mayor, City of Little Rock, 500 West Markham Street, Room 203, Little Rock, Arkansas 72201October 16, 2002050181
Illinois:
McHenry (01-05-3762P)Village of Lake In The HillsJuly 2, 2002; July 9, 2002; The Northwest HeraldMr. Ed Plaza, Village President, 1115 Crystal Lake Road, Lake In The Hills, Illinois 60156October 8, 2002170481
McHenry (01-05-3762P)Unincorporated AreasJuly 2, 2002; July 9, 2002 The Northwest HeraldMr. Mike Tryon, Chairperson, McHenry County Board, McHenry County Government Center, 2200 North Seminary Avenue, Woodstock, Illinois 60098October 8, 2002170732
Cook (02-05-2333P)Village of Palos ParkJuly 9, 2002; July 16, 2002; Daily SouthtownThe Honorable Jean A. Moran, Mayor, Village of Palos Park, 8999 West 123rd Street, Palos Park, Illinois 60464October 15, 2002170144
Kansas: Sedgwick (00-07-493P)City of WichitaMay 24, 2001; May 31, 2001; Wichita EagleThe Honorable Bob Knight, Mayor, City of Wichita, 455 North Main Street, 5th Floor, Wichita, Kansas 67202August 31, 2001200328
Ohio:
Lorain (02-05-0982P)City of AvonJuly 9, 2002; July 16, 2002; The Morning JournalThe Honorable James A. Smith, Mayor, City of Avon, 36080 Chester Road, Avon, Ohio 44011June 21, 2002390348
Franklin (01-05-1827P)City of ColumbusJuly 8, 2002; July 15, 2002; Columbus DispatchThe Honorable Michael B. Coleman, Mayor, City of Columbus, 90 West Broad Street, Columbus, Ohio 43215October 14, 2002390170
Franklin (01-05-1827P)Unincorporated AreasJuly 8, 2002; July 15, 2002; Columbus DispatchThe Honorable Arlene Shoemaker, President, Franklin County Board of Commissioners, 373 South High Street, 26th Floor, Columbus, Ohio 43215October 14, 2002390167
Franklin (01-05-1827P)Village of GroveportJuly 8, 2002; July 15, 2002; Southwest MessengerMr. Anthony Bales, Village Administrator, Village of Groveport, Groveport Municipal Building, 655 Blacklick Street, Groveport, Ohio 43125October 14, 2002390174
Butler and Warren (01-05-1645P)Village of MonroeJuly 3, 2002; July 10, 2002; Middletown JournalThe Honorable Michael P. Morris, Major, Village of Monroe, 233 South Main Street, Monroe, Ohio 45050October 9, 2002390042
Montgomery (02-05-0845P)Unincorporated AreasJuly 9, 2002; July 16, 2002; Dayton Daily NewsMr. Charles J. Curran, Commissioner, Montgomery County, 451 West Third Street, Dayton, Ohio 45422October 15, 2002390775
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Warren (01-05-1645P)Unincorporated AreasJuly 3, 2002; July 10, 2002; The Western StarMr. C. Michael Kilburn, President, Warren County Board of Commissioners, 406 Justice Drive, Lebanon, Ohio 45036October 9, 2002390757
Oklahoma:
Oklahoma (02-06-281P)City of EdmondJuly 16, 2002; July 23, 2002; The Edmond SunThe Honorable Saundra Naifeh, Mayor, City of Edmond, P.O. Box 2970, Edmond, OK 73083July 2, 2002400252
McClain, Oklahoma, Canadian, Cleveland, and Pottawatomie (01-06-1912P)City of Oklahoma CityJuly 24, 2002; July 31, 2002; The Daily OklahomanThe Honorable Kirk Humphreys, Mayor, City of Oklahoma City, 200 North Walker, Suite 302, Oklahoma City, Oklahoma 73102October 30, 2002405378
Texas:
Denton (02-06-525P)Town of CorinthJuly 16, 2002; July 23, 2002; Denton Record ChronicleThe Honorable J.B. Troutman, Mayor, Town of Corinth, 2002 South Corinth Street, Corinth, Texas 76210October 22, 2002481143
Tarrant (02-06-453P)City of Fort WorthJuly 19, 2002; July 26, 2002; Fort Worth Star-TelegramThe Honorable Kenneth Barr, Mayor, City of Fort Worth, City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102-6311October 25, 2002480596
Dallas (02-06-1535P)City of GarlandJuly 18, 2002; July 25, 2002; Garland Morning NewsThe Honorable Jim Spence, Mayor, City of Garland, P.O. Box 469002, Garland, Texas 75046June 28, 2002458471
Harrison and Gregg (02-06-1946P)City of LongviewJuly 11, 2002; July 18, 2002; Longview News JournalThe Honorable Earl Roberts, Mayor, City of Longview, P.O. Box 1952, Longview, Texas 75606-1952October 17, 2002480264
Bexar (02-06-1320P)City of San AntonioJuly 11, 2002; July 18, 2002; San Antonino Express-NewsThe Honorable Ed Garza, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, Texas 78282-3966October 17, 2002480045
Bexar (02-06-252P)City of San AntonioJuly 19, 2002; July 26, 2002; San Antonio Express-NewsThe Honorable Ed Garza, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, Texas 78283-3966October 25, 2002480045
Tarrant (02-06-453P)Unincorporated AreasJuly 19, 2002; July 26, 2002; Fort Worth Star TelegramThe Honorable Tom Vandergriff, Judge, Tarrant County, 100 East Weatherford Street, Fort Worth, Texas 76196-0101October 25, 2002480582
Bexar (01-06-1218P)City of Universal CityJuly 11, 2002; July 18, 2002; Primetime NewspapersThe Honorable Wesley D. Becken, Mayor, City of Universal City, P.O. Box 3008, Universal City, Texas 78148October 17, 2002480049

(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”)

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Dated: August 9, 2002.

Anthony S. Lowe,

Administrator, Federal Insurance and Mitigation Administration.

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[FR Doc. 02-20963 Filed 8-16-02; 8:45 am]

BILLING CODE 6718-04-P