Skip to Content

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.

Start Preamble

AGENCY:

Federal Emergency Management Agency, Emergency Preparedness and Response Directorate, Department of Homeland Security.

ACTION:

Interim rule.

SUMMARY:

This interim rule lists communities where modification of the Base (1% 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 Mitigation Division Director of the Emergency Preparedness and Response Directorate 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.

Start Further Info

FOR FURTHER INFORMATION CONTACT:

Doug Bellomo, P.E., Hazard Identification Section, Emergency Preparedness and Response Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-2903.

End Further Info End Preamble Start Supplemental Information

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 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 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.

Start List of Subjects

List of Subjects in 44 CFR Part 65

End List of Subjects Start Amendment Part

Accordingly,

End Amendment Part Start Part

PART 65—[AMENDED]

End Part Start Amendment Part

1. The authority citation for Part 65 continues to read as follows:

End Amendment Part Start Authority

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.

End Authority
[Amended]
Start Amendment Part

2. The tables published under the authority of § 65.4 are amended as follows:

End Amendment Part
State and countyLocationDates and name of newspaper where notice was publishedChief executive officer of communityEffective date of modificationCommunity No.
Arkansas:
Washington (Case No. 03-06-1948P)Unincorporated AreasOctober 7, 2003, October 14, 2003, Northwest Arkansas TimesThe Honorable Jerry Hunton, Judge, Washington County, 280 North College Avenue, Suite 500, Fayetteville, AR 72701Jan. 13, 2004050212
Washington (Case No. 03-06-1948P)City of FayettevilleOctober 7, 2003, October 14, 2003, Northwest Arkansas TimesThe Honorable Dan Coody, Mayor, City of Fayetteville, 113 West Mountain Street, Fayetteville, AR 72701Jan. 13, 2004050216
Illinois: Kendall (Case No. 03-05-0545P)Village of OswegoOctober 23, 2003, October 30, 2003, The Ledger-SentinelMr. Craig Weber, President, Village of Oswego, 113 Main Street, Oswego, IL 60543Oct. 6, 2003170345
Indiana:
Lake (Case No. 03-05-5175P)Town of GriffithOctober 23, 2003, October 30, 2003, The TimesThe Honorable Stanley Dobosz, Town Council President, Town of Griffith, 111 North Broad Street, Griffith, IN 46319Jan. 29, 2004185175
Lake (Case No. 03-05-5174P)Town of HighlandOctober 23, 2003, October 30, 2003, The TimesThe Honorable Mark Herak, Town Council President, Town of Highland, 3333 Ridge Road, Highland, IN 46322Jan. 29, 2004185176
Lake (Case No. 03-05-3366P)Unincorporated AreasOctober 23, 2003, October 30, 2003, The TimesThe Honorable Gerry J. Scheub, President, Lake County Board of Commissioners, 2293 North Main Street, 3rd Floor, Building A, Crown Point, IN 46307Jan. 29, 2004180126
Louisiana: East Baton Rouge Parish (Case No. 03-06-827P)City of ZacharyOctober 16, 2003, October 23, 2003, The Zachary PlainsmanThe Honorable Charlene Smith, Mayor, City of Zachary, 4700 Main Street, Zachary, LA 70791Sept. 30, 2003220061
Michigan: Macomb (Case No. 03-05-3367P)City of FraserOctober 31, 2003, November 7, 2003, The Macomb DailyThe Honorable Edmund T. Adamczyk, Mayor, City of Fraser, City Hall, 33000 Garfield Road, Fraser, MI 48026Oct. 17, 2003260122
Minnesota: Carver (Case No. 02-05-0831P)Unincorporated AreasOctober 23, 2003, October 30, 2003, The Waconia PatriotMr. David Hemze, Acting Administrator, Carver County, Carver County Courthouse, 600 East Fourth Street, Chaska, MN 55318Jan. 29, 2004270049
Missouri: St. Louis (Case No. 03-07-894P)Unincorporated AreasOctober 22, 2003, October 29, 2003, St Louis Post DispatchMr. Buzz Westfall, St. Louis County Executive, 41 South Central Avenue, St. Louis, MO 63105Jan. 28, 2004290327
New Mexico:
Bernalillo (Case No. 03-06-1734P)City of AlbuquerqueOctober 23, 2003, October 30, 2003, Albuquerque JournalThe Honorable Martin Chavez, Mayor, City of Albuquerque, P.O. Box 1293, Albuquerque, NM 87103Oct. 9, 2003350002
Bernalillo (Case No. 03-06-2528P)Unincorporated AreasSeptember 30, 2003, October 7, 2003, Albuquerque JournalMr. Tom Rutherford, Chairperson, Bernalillo County, One Civic Plaza, N.W., Albuquerque, NM 87102Jan. 6, 2004350001
Ohio: Lorain (Case No. 02-05-3235P)City of Avon LakeOctober 9, 2003, October 16, 2003, The SunThe Honorable Robert Berner, Mayor, City of Avon Lake, 150 Avon Belden Road, Avon Lake, OH 44012Sept. 24, 2003390602
Oklahoma:
Tulsa (Case No. 03-06-1541P)City of TulsaOctober 17, 2003, October 24, 2003, Tulsa WorldThe Honorable Bill LaFortune, Mayor, City of Tulsa, City Hall, 200 Civic Center, Tulsa, OK 74103Oct. 1, 2003405381
Tulsa (Case No. 03-06-1945P)City of TulsaOctober 24, 2003, October 31, 2003, Tulsa WorldThe Honorable Bill LaFortune, Mayor, City of Tulsa, City Hall, 200 Civic Center, Tulsa, OK 74103Oct. 9, 2003405381
Texas:
Johnson (Case No. 03-06-060P)City of BurlesonOctober 22, 2003, October 29, 2003, The Burleson StarThe Honorable Byron Black, Mayor, City of Burleson, 141 West Renfro, Burleson, TX 76028Jan. 28, 2004485459
Start Printed Page 69961
Dallas (Case No. 03-06-435P)City of CarrolltonOctober 24, 2003, October 31, 2003, Northwest Morning NewsThe Honorable Mark Stokes, Mayor, City of Carrollton, 1945 E. Jackson Road, Carrollton, TX 75006Oct. 7, 2003480167
Dallas (Case No. 02-06-2440P)City of Cedar HillOctober 17, 2003, October 24, 2003, Dallas Morning NewsThe Honorable Robert Franke, Mayor, City of Cedar Hill, P.O. Box 96, Cedar Hill, TX 75106Jan. 23, 2004480168
Denton (Case No. 03-06-1926P)Town of Flower MoundOctober 29, 2003, November 5, 2003, Flower Mound LeaderThe Honorable Lori DeLuca, Mayor, Town of Flower Mound, 2121 Cross Timbers Road, Flower Mound, TX 75028Oct. 15, 2003480777
Tarrant (Case No. 02-06-2311P)City of Fort WorthOctober 21, 2003, October 28, 2003 The Star TelegramThe Honorable Michael J. Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102-6311Oct. 9, 2003480596
Tarrant (Case No. 03-06-1376P)City of Fort WorthOctober 22, 2003, October 29, 2003, The Star TelegramThe Honorable Michael J. Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102-6311Oct. 7, 2003480596
Denton (Case No. 03-06-435P)City of HebronOctober 22, 2003, October 29, 2003, The Carrollton LeaderThe Honorable Kelly Clem, Mayor, Town of Hebron, 4216 Charles Street, Carrollton, TX 75010Oct. 7, 2003481495
Tarrant (Case No. 03-06-444P)City of North Richland HillsOctober 22, 2003, October 29, 2003 The North East Tarrant County Morning NewsThe Honorable T. Oscar Trevino, Jr., Mayor, City of North Richland Hills, 7301 North East Loop 820, North Richland Hills, TX 76180Oct. 7, 2003480607
Collin (Case No. 03-06-407P)City of PlanoOctober 29, 2003, November 5, 2003 Plano Star CourierThe Honorable Pat Evans, Mayor, City of Plano, P.O. Box 860358, Plano, TX 75086-0358Feb. 4, 2004480140
Hays (Case No. 02-06-1681P)City of San MarcosOctober 17, 2003, October 24, 2003, San Marcos Daily RecordThe Honorable Robert Habingreither, Mayor, City of San Marcos, 630 East Hopkins, San Marcos, TX 78666Sept. 30, 2003485505
Start Signature

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

Dated: December 9, 2003.

Anthony S. Lowe,

Mitigation Division Director, Emergency Preparedness and Response Directorate.

End Signature End Supplemental Information

[FR Doc. 03-30991 Filed 12-15-03; 8:45 am]

BILLING CODE 6718-04-P