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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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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 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:
Faulkner (01-06-1902P)City of ConwayAugust 19, 2002, August 26, 2002, Log Cabin DemocratThe Honorable Tab Townsell, Mayor, City of Conway, 1201 Oak Street, Conway, Arkansas 72033November 25, 2002050078
Washington (02-06-1260P)City of FayettevilleAugust 1, 2002, August 8, 2002, Northwest Arkansas TimesThe Honorable Dan Coody, Mayor, City of Fayetteville, 113 West Markham Street, Fayetteville, Arkansas 72701July 23, 2002050216
Illinois:
Cook (01-05-3037P)Village of Palos ParkAugust 8, 2002, August 15, 2002, Daily SouthtownThe Honorable Jean A. Moran, Mayor, Village of Palos Park, 8999 West 123rd Street, Palos Park, Illinois 60464November 14, 2002170144
Will (02-05-1170P)Village of RomeovilleAugust 1, 2002, August 8, 2002, The Herald NewsThe Honorable Fred Dewald, Jr., Mayor, Village of Romeoville, Village Hall, 13 Montrose Drive, Romeoville, Illinois 60446November 7, 2002170711
Kansas:
Riley (02-07-667P)City of RileyAugust 15, 2002, August 22, 2002, The Riley CountianThe Honorable Gerald Baer, Mayor, City of Riley, P.O. Box 333, Riley, Kansas 66531November 21, 2002200303
Riley (02-07-666P)Unincorporated AreasAugust 15, 2002, August 22, 2002, The Manhattan MercuryMr. Robert Newsome, Chairman, Riley County Commissioner, Courthouse Plaza East, 115 North 4th Street, Manhattan, Kansas 66502November 21, 2002200298
Minnesota:
Olmsted (01-05-746P)Unincorporated AreasAugust 1, 2002, August 8, 2002, Post-BulletinMr. Richard Devlin, County Administrator, Olmsted County, 151 4th Street SE, Rochester, Minnesota 55904July 18, 2002270626
Olmsted (01-05-746P)City of RochesterAugust 1, 2002, August 8, 2002, Post-BulletinThe Honorable Chuck Canfield, Mayor, City of Rochester, City Hall, Room 281, 201 4th Street SE, Rochester, Minnesota 55904July 18, 2002275246
Missouri: St. Charles (01-07-726P)City of St. PetersAugust 21, 2002, August 28, 2002, St. Peters JournalThe Honorable Tom Brown, Mayor, City of St. Peters, 1 St. Peters Center Boulevard, St. Peters, Missouri 63376November 27, 2002290319
New Mexico:
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Dona Ana (02-06-1099P)Unincorporated AreasAugust 22, 2002, August 29, 2002, Las Cruces Sun NewsMr. David R. King, County Manager, Dona Ana County, County Managers Complex, 180 West Amador Avenue, Las Cruces, New Mexico 88001August 8, 2002350012
Dona Ana (02-06-1099P)City of Las CrucesAugust 22, 2002, August 29, 2002, Las Cruces Sun NewsThe Honorable Ruben A. Smith, Mayor, City of Las Cruces, P.O. Box 2000, Las Cruces, New Mexico 88004August 8, 2002355332
Ohio:
Franklin and Delaware (02-05-1027P)City of DublinAugust 21, 2002, August 28, 2002, Dublin NewsThe Honorable Thomas McCash, Mayor, City of Dublin, 5200 Emerald Parkway, Dublin, Ohio 43017-1006November 27, 2002390673
Franklin (02-05-1027P)Unincorporated AreasAugust 21, 2002, August 28, 2002, Dublin NewsMr. Dewey R. Stokes, President, Franklin County, Board of Commissioners, 373 South High Street, 26th Floor, Columbus, Ohio 43215November 27, 2002390167
Franklin (02-05-1849P)Unincorporated AreasAugust 30, 2002, September 6, 2002, The Columbus DispatchMr. Dewey R. Stokes, President, Franklin County Board of Commissioners, 373 South High Street, 26th Floor, Columbus, Ohio 43215December 6, 2002390167
Greene (02-05-2322P)Unincorporated AreasAugust 23, 2002, August 30, 2002, Xenia Daily GazetteMr. Stephen Stapleton, Greene County Administrator, 35 Greene Street, Xenia, Ohio 45385November 29, 2002390193
Lucas (02-05-2988P)Village of HollandAugust 21, 2002, August 28, 2002, The BladeThe Honorable Michael Yunker, Mayor, Village of Holland, 1245 Clarion Avenue, Holland, Ohio 43528July 25, 2002390659
Montgomery (02-05-1438P)City of KetteringAugust 30, 2002, September 6, 2002, Kettering Oakwood TimesThe Honorable Marilou Smith, Mayor, City of Kettering, 3600 Shroyer Road, Kettering, Ohio 45429August 19, 2002390412
Greene (02-05-2322P)City of XeniaAugust 23, 2002, August 30, 2002, Xenia Daily GazetteThe Honorable John T. Saraga, Mayor, City of Xenia, 101 N. Detroit Street, Xenia, Ohio 45385November 29, 2002390197
Texas:
Bastrop (01-06-1169P)Unincorporated AreasAugust 29, 2002, September 5, 2002, Bastrop Advertiser and County NewsThe Honorable Ronnie McDonald, Judge, Bastrop County, 804 Pecan Street, Bastrop, Texas 78602December 5, 2002481193
Dallas (02-06-478P)City of Cedar HillJuly 25, 2002, August 1, 2002, DeSoto TodayThe Honorable Robert L. Franke, Mayor, City of Cedar Hill, P.O. Box 96, Cedar Hill, Texas 75106July 12, 2002480168
Dallas (01-06-1425P)City of DallasAugust 30, 2002, September 6, 2002, Dallas Morning NewsThe Honorable Laura Miller, Mayor, City of Dallas, 1500 Marilla Street, City Hall, Dallas, Texas 75201December 6, 2002480171
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Denton (02-06-355P)City of DentonAugust 23, 2002, August 30, 2002, Denton Record ChronicleThe Honorable Euline Brock, Mayor, City of Denton, 215 East McKinney Street, Denton, Texas 76201November 29, 2002480194
Denton (01-06-1875P)Unincorporated AreasAugust 23, 2002, August 30, 2002, Denton Record ChronicleThe Honorable Kirk Wilson, Judge, Denton County, Courthouse-on-the-Square, 110 West Hickory Street, Denton, Texas 76201November 29, 2002480774
Tarrant (02-06-830P)City of Forth WorthAugust 23, 2002, August 30, 2002, Fort Worth Star TelegramThe Honorable Kenneth Barr, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102November 29, 2002480596
Tarrant (01-06-1571P)City of GrapevineAugust 22, 2002, August 29, 2002, The Grapevine SunThe Honorable William D. Tate, Mayor, City of Grapevine, P.O. Box 95104, Grapevine, Texas 76099July 29, 2002480598
Tarrant (02-06-046P)City of KellerAugust 13, 2002, August 20, 2002, The Keller CitizenThe Honorable David Phillips, Mayor, City of Keller, P.O. Box 770, Keller, Texas 76244-0770August 2, 2002480602
Collin (02-06-823P)City of PlanoAugust 21, 2002, August 28, 2002, Plano Star CourierThe Honorable Pat Evans, Mayor, City of Plano, P.O. Box 860358, Plano, Texas 75086-0358August 6, 2002480140
Tarrant (02-06-830P)City of SaginawAugust 23, 2002, August 30, 2002, Fort Worth Star TelegramThe Honorable Frankie Robbins, Mayor, City of Saginaw, 333 West McLeroy Boulevard, P.O. Box 79070, Saginaw, Texas 76179November 29, 2002480610
Tarrant (02-06-830P)Unincorporated AreasAugust 23, 2002, August 30, 2002, Fort Worth Star TelegramThe Honorable Tom Vandergriff, Judge, Tarrant County, 100 E. Weatherford, Fort Worth, Texas 76179November 29, 2002480582

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

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Dated: September 23, 2002.

Anthony S. Lowe,

Administrator, Federal Insurance and Mitigation Administration.

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[FR Doc. 02-26214 Filed 10-15-02; 8:45 am]

BILLING CODE 6718-04-P