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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, Emergency Preparedness and Response Directorate, Department of Homeland Security.

ACTION:

Final rule.

SUMMARY:

Modified Base (1-percent-annual-chance) Flood Elevations (BFEs) are finalized for the communities listed below. These modified elevations will be used to calculate flood insurance premium rates for new buildings and their contents.

EFFECTIVE DATES:

The effective dates for these modified BFEs are indicated on the table below and revise the Flood Insurance Rate Maps ((FIRMs) in effect for the listed communities prior to this date.

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:

Doug Bellomo, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-2903.

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SUPPLEMENTARY INFORMATION:

The Federal Emergency Management Agency makes the final determinations listed below for the modified BFEs for each community listed. These modified elevations have been published in newspapers of local circulation and ninety (90) days have elapsed since that publication. The Mitigation Division Director of the Emergency Preparedness and Response Directorate has resolved any appeals resulting from this notification.

The modified BFEs are not listed for each community in this notice. However, this rule includes the address of the Chief Executive Officer of the community where the modified BFE determinations are available for inspection.

The modifications are made pursuant to section 206 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.

These modified BFEs are used to meet the floodplain management requirements of the NFIP and are also used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in these buildings.

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 Mitigation Division Director of the Emergency Preparedness and Response Directorate certifies that this rule is exempt from the requirements of the Regulatory Flexibility Act because modified base flood elevations 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 final 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 names of newspaper where notice was publishedChief executive officer of communityEffective date of modificationCommunity number
Arkansas: Sebastian, (Case No. 02-06-1094P), (FEMA Docket No. P7620)City of GreenwoodNovember 13, 2002, November 20, 2002, Greenwood DemocratThe Honorable Judy Selkirk, Mayor, City of Greenwood, City Hall, 30 Bell Road, Greenwood, AR 72936November 25, 2002050198
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Arkansas: Crawford, (Case No. 02-06-873P), (FEMA Docket No. P7620)City of Van BurenNovember 13, 2002, November 20, 2002, Van Buren Press Argus CourierThe Honorable John Riggs, Mayor, City of Van Buren, 1003 Broadway, Van Buren, AR 72956February 19, 2003050053
Kansas: Johnson, (Case No. 02-07-1010P), (FEMA Docket No. P7618)City of LenexaOctober 22, 2002, October 29, 2002, The Legal RecordThe Hon. Michael A. Boehm, Mayor, City of Lenexa, P.O. Box 14888, Lenexa, KS 66215September 19, 2002200168
Kansas: Johnson, (Case No. 01-07-457P), (FEMA Docket No. P7620)City of Overland ParkNovember 13, 2002, November 20, 2002, The Sun NewspapersThe Honorable Ed Eilert, Mayor, City of Overland Park, City Hall, 8500 Santa Fe Drive, Overland Park, KS 66212February 19, 2003200174
Kansas: Johnson, (Case No. 02-07-1010P), (FEMA Docket No. P7618)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
Minnesota: Dakota, (Case No. 02-05-1843P), (FEMA Docket No. P7618)City of BurnsvilleOctober 24, 2002, October 31, 2002, Dakota County TribuneThe Hon. Elizabeth Kautz, Mayor, City of Burnsville, 100 Civic Center Parkway, Burnsville, MN 55337September 30, 2002270102
Minnesota: Washington, (Case No. 02-05-0419P), (FEMA Docket No. P7620)City of HugoNovember 6, 2002, November 13, 2002, The White Bear PressThe Honorable Fran Miron, Mayor, City of Hugo, 14669 Fitzgerald Avenue North, Hugo, MN 55038November 15, 2002270504
Nebraska: Lancaster, (Case No. 02-07-1012P), (FEMA Docket No. P7620)City of LincolnNovember 18, 2002, November 25, 2002, Lincoln Journal StarThe Honorable Don Wesley, Mayor, City of Lincoln, 555 South 10th Street, Room 208, Lincoln, NE 68508October 25, 2002315273
Ohio: Franklin, (Case No. 02-05-3971P), (FEMA Docket No. P7620)Unincorporated AreasOctober 31, 2002, November 7, 2002, The Columbus DispatchThe Hon. Arlene Shoemaker, President, Franklin County, Board of Commissioners, 373 South High Street, 26th Floor, Columbus, OH 43215-6304October 15, 2002390167
Texas: Denton, (Case No. 02-06-1264P), (FEMA Docket No. P7620)Town of Copper CanyonNovember 18, 2002, November 25, 2002, Denton Record ChronicleThe Hon. Chuck Wainscott, Mayor, Town of Copper Canyon, 400 Woodland Drive, Copper Canyon, TX 75067-8501October 25, 2002481508
Texas: Denton, (Case No. 02-06-419P), (FEMA Docket No. P7620)City of DentonNovember 19, 2002, November 26, 2002, Denton Record ChronicleThe Honorable Euline Brock, Mayor, City of Denton, 215 East McKinney Street, Denton, TX 76201February 25, 200348094
Texas: Denton, (Case No. 02-06-419P), (FEMA Docket No. P7620)Unincorporated AreasNovember 19, 2002, November 26, 2002, Denton Record ChronicleThe Honorable Mary Horn, Judge, Denton County, Courthouse-on-the-Square, 110 West Hickory Street, Denton, TX 76201February 25, 2003480774
Texas: Tarrant, (Case No. 02-06-263P), (FEMA Docket No. P7620)City of Forth WorthDecember 2, 2002, December 9, 2002, Fort Worth Star TelegramThe Honorable Kenneth Barr, Mayor, City of Forth Worth, 1000 Throckmorton Street, Forth Worth, TX 76102March 10, 2003480596
Texas: Harris, (Case No. 02-06-1092P), (FEMA Docket No. P7620)Unincorporated AreasNovember 19, 2002, November 26, 2002, Houston ChronicleThe Honorable Robert Eckels, Judge, Harris County, 1001 Preston Street, Houston, TX 77002October 29, 2002480287
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Texas: Harris, (Case No. 02-06-1537P), (FEMA Docket No. P7620)City of HoustonDecember 12, 2002, December 19, 2002, Houston ChronicleThe Honorable Lee P. Brown, Mayor, City of Houston, P.O. Box 1562, Houston, TX 77251-1562March 20, 2003480296
Texas: Tarrant, (Case No. 01-06-1464P), (FEMA Docket No. P7620)City of North Richland HillsDecember 10, 2002, December 17, 2002, The Star TelegramThe Hon. T. Oscar Trevino, Jr., Mayor, City of North Richland Hills, 7301 N.E. Loop 820, North Richland Hills, TX 76180March 18, 2003480607
Texas: Collin, (Case No. 02-06-536P), (FEMA Docket No. P7620)City of PlanoNovember 13, 2002, November 20, 2002, Plano Star CourierThe Honorable Pat Evans, Mayor, City of Plano, P.O. Box 860358, Plano, TX 75086-0358February 19, 2003480140
Texas: Collin, (Case No. 02-06-992P), (FEMA Docket No. P7620)City of PlanoDecember 4, 2002, December 11, 2002, Plano Star CourierThe Honorable Pat Evans, Mayor, City of Plano, 1520 Avenue K, P.O. Box 860358, Plano, TX 75086March 12, 2003480140
Texas: Bexar, (Case No. 02-06-1072P), (FEMA Docket No. P7620)City of San AntonioNovember 13, 2002, November 20, 2002, San Antonio Express NewsThe Honorable Ed Garza, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283February 19, 2003480045
Texas: Bexar, (Case No. 02-06-1707P), (FEMA Docket No. P7620)City of San AntonioDecember 4, 2002, December 11, 2002, San Antonio Express NewsThe Honorable Ed Garza, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283March 12, 2003480045
Texas: Tarrant, (Case No. 02-06-263P), (FEMA Docket No. P7620)Unincorporated AreasDecember 2, 2002, December 9, 2002, Forth Worth Star TelegramThe Hon. Tom Vandergriff, Tarrant County Judge, 100 E. Weatherford, Fort Worth, TX 76196March 10, 2003480582
Texas: Bell, (Case No. 02-06-590P), (FEMA Docket No. P7620)City of TempleDecember 11, 2002, December 18, 2002, Temple Daily TelegramThe Honorable Bill Jones, III, Mayor, City of Temple, 2 North Main Street, Temple, TX 76501March 19, 2003480034
Texas: Tarran, (Case No. 02-06-263P), (FEMA Docket No. P7620)City of WataugaDecember 2, 2002, December 9, 2002, Forth Worth Star TelegramThe Honorable Harry Jeffries, Mayor, City of Watauga, 7101 Whitley Road, Watauga, TX 76148March 10, 2003480613
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(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”)

Dated: September 10, 2003.

Anthony S. Lowe,

Mitigation Division Director, Emergency Preparedness and Response Directorate.

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[FR Doc. 03-23988 Filed 9-18-03; 8:45 am]

BILLING CODE 6718-04-P