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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 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 Start Printed Page 70697at 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, 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.
Illinois: Lake and Cook (Case No. 02-05-2130P)Village of DeerfieldSeptember 19, 2002, September 23, 2002, Deerfield ReviewThe Honorable Steven B. Harris, Mayor, Village of Deerfield, Village Hall, 850 Waukegan Road, Deerfield, IL 60015September 6, 2002170361
Indiana: Hamilton (Case No. 02-05-2995P)Town of WestfieldOctober 22, 2002, October 29, 2002, The Noblesville LedgerMr. Michael McDonald, Town Council President, Town of Westfield, 130 Penn Street, Westfield, IN 46074September 24, 2002180083
Kansas: Johnson (Case No. 02-07-1010PCity of LenexaOctober 22, 2002, October 29, 2002, The Legal RecordThe Honorable Joan Bowman, Mayor, City of Lenexa, 12350 W. 87th Street Parkway, Lenexa, KS 66215September 19, 2002200168
Kansas: Harvey (Case No. 02-07-1008P)City of NewtonSeptember 20, 2002, September 27, 2002, The Newton KansanThe Honorable Marjorie Roberson, Mayor, City of Newton, 201 E. 6th Street, Newton, KS 67114September 10, 2002200133
Kansas: Johnson (Case No. 02-07-1010P)City of ShawneeOctober 24, 2002, October 31, 2002, The Journal HeraldThe Honorable Jim Allen, Mayor, City of Shawnee, 11110 Johnson Drive, Shawnee, KS 66203September 19, 2002200177
Michigan; Wayne (Case No. 01-05-3983P)Charter Township of BrownstownSeptember 11, 2002, September 18, 2002, The News-HeraldMr. W. Curt Boller, Supervisor, Brownstown Township, 21313 Telegraph Road, Brownstown Township, MI 48183December 11, 2002260218
Minnesota: Dakota (Case No. 02-05-1843P)City of BurnsvilleOctober 24, 2002, October 31, 2002, Dakota County TribuneThe Honorable Elizabeth Kautz, Mayor, City of Burnsville, 100 Civic Center Parkway, Burnsville, MN 55337September 30, 2002270102
Missouri: Greene (Case No. 00-07-676P)Unincorporated AreasOctober 9, 2002, October 16, 2002, Springfield News-LeaderThe Honorable David L. Coonrod, Presiding Commissioner, County of Greene, 940 Boonville Avenue, Springfield, MO 65802January 15, 2003290782
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Missouri: Jasper and Newton (Case No. 01-07-831P)City of JoplinOctober 4, 2002, October 11, 2002, The Joplin GlobeThe Honorable Richard H. Russell, Mayor, City of Joplin, 1710 East 32nd Street, Joplin, MO 64804January 10, 2003290183
Texas: Bexar (Case No. 02-06-1263P)Unincorporated AreasSeptember 23, 2002, September 30, 2002, San Antonio Express NewsThe Honorable Cyndi Taylor Krief, Judge, Bexar County, 100 Dolorosa, Suite 101, San Antonio, TX 78205October 14, 2002480035
Texas: Dallas (Case No. 01-06-1163P)City of DallasSeptember 13, 2002, September 20, 2002, Dallas Morning NewsThe Honorable Laura Miller, Mayor, City of Dallas, 1500 Marilla Street, City Hall, Dallas, TX 75201December 20, 2002480171
Texas: Fort Bend (Case No. 02-06-266P)Unincorporated AreasSeptember 4, 2002, September 11, 2002, Fort Bend StarThe Honorable James C. Adolpus, Judge, Fort Bend County, 301 Jackson Street, Suite 719, Richmond, TX 77469August 22, 2002480228
Texas: Tarrant (Case No. 02-06-064P)City of Fort WorthSeptember 13, 2002, September 20, 2002, Fort Worth Star TelegramThe Honorable Kenneth Barr, Mayor, City of Fort Worth, City Hall, 1000 Throckmorton Street, Forth Worth, TX 76102August 30, 2002480596
Texas: Tarrant (Case No. 02-06-1073P)City of Fort WorthSeptember 26, 2002, October 3, 2002, Forth Worth Star TelegramThe Honorable Kenneth Barr, Mayor, City of Fort Worth, 1000 Throckmorton Street, Forth Worth, TX 76102January 2, 2003480596
Texas: Dallas (Case No. 02-06-1091P)City of IrvingSeptember 5, 2002, September 12, 2002, The Irving Morning NewsThe Honorable Joe Putnam, Mayor, City of Irving, P.O. Box 152288, Irving, TX 75015August 19, 2002480180
Texas: Dallas (Case No. 02-06-384P)City of IrvingSeptember, 12, 2002, September 19, 2002, The Irving Morning NewsThe Honorable Joe Putnam, Mayor, City of Irving, P.O. Box 15228, Irving, TX 75015December 19, 2002480180
Texas: Dallas (Case No. 01-06-1088P)City of LancasterOctober 24, 2002, October 31, 2002, Lancaster TodayThe Honorable Joe Tillotson, Mayor, City of Lancaster, P.O. Box 940, Lancaster, TX 75146January 27, 2003480182
Texas: Denton (Case No. 02-06-731P)City of LewisvilleSeptember 25, 2002, October 2, 2002, Denton County Morning NewsThe Honorable Gene Carey, Mayor, City of Lewisville, P.O. Box 299002, Lewisville, TX 75029September 12, 2002480195
Texas: Montgomery (Case No. 01-06-1444P)City of MagnoliaSeptember 11, 2002, September 18, 2002, Magnolia PotpourriThe Honorable Frank M. Parker III, Mayor, City of Magnolia, P.O. Box 996, Magnolia, TX 77355August 30, 2002481261
Texas: Fort Bend (Case No. 02-06-266P)City of Missouri CitySeptember 5, 2002, September 12, 2002, Fort Bend MirrorThe Honorable Allen Owen, Mayor, City of Missouri City, P.O. Box 666, Missouri City, TX 77459August 22, 2002480304
Texas: Montgomery (Case No. 01-06-1444P)Unincorporated AreasSeptember 11, 2002, September 18, 2002, The CourierThe Honorable Alan B. Sadler, Judge, Montgomery County, 301 North Thompson Street, Suite 210, Conroe, TX 77301August 30, 2002480483
Texas: Bexar (Case No. 02-06-1263P)City of San AntonioSeptember 23, 2002, September 30, 2002, San Antonio Express NewsThe Honorable Ed Garza, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283September 13, 2002480045
Texas: Bexar (Case No. 02-06-2309P)City of San AntonioOctober 15, 2002, October 22, 2002, San Antonio Express NewsThe Honorable Ed Garza, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283January 21, 2003480045
Texas: Bexar (Case No. 02-06-1679P)City of San AntonioOctober 23, 2002, October 30, 2002, San Antonio Express NewsThe Honorable Ed Garza, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283January 29, 2003480045
Texas: Bexar (Case No. 02-06-2309)City of Shavano ParkOctober 15, 2002, October 22, 2002, San Antonio Express NewsThe Honorable Tommy Peyton, Mayor, City of Shavano Park, City Hall, 99 Saddletree Road, San Antonio, TX 78231January 21, 2003480047
Texas: Tarrant (Case No. 02-06-1098P)City of SouthlakeSeptember 12, 2002, September 19, 2002, Fort Worth Star TelegramThe Honorable Rick Stacy, Mayor, City of Southlake, 1400 Main Street, Southlake, TX 76092December 19, 2002480612
Texas: Fort Bend (Case No. 02-06-266P)City of Sugar LandSeptember 4, 2002, September 11, 2002, Fort Bend StarThe Honorable David G. Wallace, Mayor, City of Sugar Land, P.O. Box 110, Sugar Land, TX 77487-0110August 22, 2002480234
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(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”)

Dated: November 13, 2002.

Anthony S. Lowe,

Administrator, , Federal Insurance and Mitigation Administration.

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[FR Doc. 02-29964 Filed 11-25-02; 8:45 am]

BILLING CODE 6718-04-P