02-803. Changes in Flood Elevation Determinations

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 Acting 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.

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, [phone] or (E-mail) [e-mail].

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 Acting 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.

List of Subjects in 44 CFR Part 65

• Flood insurance
• Floodplains
• Reporting and record keeping requirements

Accordingly, 44 CFR part 65 is amended to read as follows:

PART 65—[AMENDED]

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

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.

§ 65.4

[Amended]

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

State and County	Location	Dates and name of newspaper where notice was published	Chief executive officer of community	Effective date of modification	Community No.
Arkansas: Craighead	City of Jonesboro	Sept. 4, 2001, Sept. 11, 2001, Jonesboro Sun	The Honorable Hubert Brodell, Mayor, City of Jonesboro, P.O. Box 1845, Jonesboro, Arkansas 72403-1845	Aug. 15, 2001	050048
Indiana:
Howard	Unincorporated Areas	Oct. 23, 2001, Oct. 30, 2001, Kokomo Tribune	Mr. John Harbaugh, President, Howard County Board of Commissioners, 230 North Main, Kokomo, Indiana 46901	Oct. 12, 2001	180414
Howard	City of Kokomo	Oct. 23, 2001, Oct. 30, 2001, Kokomo Tribune	The Honorable James Trobaugh, Mayor, City of Kokomo, 100 South Union Street, Kokomo, Indiana 46901	Oct. 12, 2001	180093
Minnesota: Winona	Unincorporated Areas	Dec. 21, 2001, Dec. 28, 2001 Winona Daily News	Mr. David Stoltman, Chairperson, Winona County, Board of Commissioners, 177 Main Street, Winona, Minnesota 55987	Mar. 29, 2002	270525
Missouri:
St. Charles	City of Cottleville	Oct. 5, 2001, Oct. 12, 2001, St. Charles Journal	The Honorable Robert Powers, Mayor, City of Cottleville, P.O. Box 387, Cottleville, Missouri 63338	Jan. 11, 2002	290898
St. Charles	Unincorporated Areas	Oct. 5, 2001, Oct. 12, 2001, St. Charles Journal	Mr. Joe Ortwerth, County Executive, St. Charles County, 201 North Second Street, St. Charles, Missouri 63301	Jan. 11, 2002	290315
Ohio: Lorain	City of Avon Lake	Oct. 24, 2001, Oct. 31, 2001, Morning Journal	The Honorable Robert Berner, Mayor, City of Avon Lake, 150 Avon Belden Road,Avon Lake, Ohio 44012-1699	Jan. 30, 2002	390602
Oklahoma:
Tulsa	City of Broken Arrow	Oct. 18, 2001, Oct. 25, 2001, Broken Arrow Ledger	The Honorable James Reynolds, Mayor, City of Broken Arrow, P.O. Box 610 Broken Arrow, Oklahoma 74013	Jan. 24, 2002	400236
Tulsa	City of Broken Arrow	Nov. 1, 2001, Nov. 8, 2001, Broken Arrow Ledger	The Honorable James Reynolds, Mayor, City of Broken Arrow, 220 South First Street, Broken Arrow, Oklahoma 74012	Feb. 7, 2002	400236
Oklahoma	City of Edmond	Nov. 1, 2001, Nov. 8, 2001, Edmond Sun	The Honorable Saundra Naifeh, Mayor, City of Edmond, P.O. Box 2970, Edmond, Oklahoma 73080	Oct. 15, 2001	400252
Oklahoma	City of Oklahoma City	Dec. 5, 2001, Dec. 12, 2001, Daily Oklahoman	The Honorable Kirk Humphreys, Mayor, City of Oklahoma City, 200 North Walker, Suite 302, Oklahoma City, Oklahoma 73102	Mar. 13, 2002	405378
Texas:
Dallas and Ellis	City of Cedar Hill	Oct. 19, 2001, Oct. 26, 2001, Southwest Morning News	The Honorable Robert L. Franke, Mayor, City of Cedar Hill, P.O. Box 96, Cedar Hill, Texas 75106	Jan. 24, 2002	480168
Comal	Unincorporated Areas	Nov. 16, 2001, Nov. 23, 2001, New Braunfels Herald-Zeitung	The Honorable Danny Scheel, Judge, Comal County, 150 North Seguin Street, New Braunfels, Texas 78130	Feb. 22, 2002	485463
Denton	City of Denton	Nov. 14, 2001, Nov. 21, 2001, Denton Record Chronicle	The Honorable Euline Brock, Mayor, City of Denton, 215 East McKinney Street, Denton, Texas 76201	Feb. 20, 2002	480194
Collin	City of Frisco	Dec. 12, 2001, Dec. 19, 2001, Plano Star Courier	The Honorable Kathy Seei, Mayor, City of Frisco, 6891 Main Street, Frisco, Texas 75034	Mar. 20, 2002	480134
Dallas	City of Garland	Dec. 21, 2001, Dec. 28, 2001, Garland Morning News	The Honorable Jim Spence, Mayor, City of Garland, P.O. Box 469002, Garland, Texas 75046-9002	Nov. 9, 2001	485471
Dallas and Ellis	City of Grand Prairie	Oct. 19, 2001, Oct. 26, 2001, Arlington Morning News	The Honorable Charles England, Mayor, City of Grand Prairie, 317 College Street, P.O. Box 534045, Grand Prairie, Texas 75053-4045	Jan. 24, 2002	485472
Ellis, Tarrant, and Dallas	City of Grand Prairie	Nov. 14, 2001, Nov. 21, 2001, Arlington Morning News	The Honorable Charles England, Mayor, City of Grand Prairie, 317 College Street, P.O. Box 534045, Grand Prairie, Texas 75053-4045	Oct. 17, 2001	485472
Harris	Unincorporated Areas	Nov. 8, 2001, Nov. 15, 2001, Houston Chronicle	The Honorable Robert Eckels, Judge, Harris County, 1001 Preston Street, Suite 911, Houston, Texas 77002	Feb. 14, 2002	480287
Dallas	City of Irving	Dec. 20, 2001, Dec. 27, 2001, Irving Morning News	The Honorable Joe H. Putnam, Mayor, City of Irving, P.O. Box 152288, 825 West Irving Boulevard, Irving, Texas 75015-2288	Mar. 28, 2002	480180
Galveston	City of League City	Dec. 13, 2001, Dec. 20, 2001, Galveston County Daily News	The Honorable A.T. Frankovich, Mayor, City of League City, City Hall, Suite 216, 200 West Walker, League City, Texas 77573	Mar. 21, 2002	485488
Ellis	City of Midlothian	Nov. 8, 2001, Nov. 15, 2001, Midlothian Mirror	The Honorable David Setzer, Mayor, City of Midlothian, 104 West Avenue E, Midlothian, Texas 76065-0000	Feb. 14, 2002	480801
Parker	Unincorporated Areas	Sept. 12, 2001, Sept. 19, 2001, Weatherford Democrat	The Honorable Mark Riley, Judge, Parker County, 1 Court House Square, Weatherford, Texas 76086	Aug. 9, 2001	480520
Collin and Dallas	City of Richardson	Nov. 20, 2001, Nov. 27, 2001, Dallas Morning News	The Honorable Gary A. Slagel, Mayor, City of Richardson, P.O. Box 830309, Richardson, Texas 75083-0309	Feb. 26, 2002	480184
Bexar	City of San Antonio	Dec. 21, 2001, Dec. 28, 2001, San Antonio Express News	The Honorable Ed Garza, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, Texas 78283-3966	Mar. 29, 2002	480045

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

Dated: January 8, 2002.

Robert F. Shea,

Acting Administrator, Federal Insurance and Mitigation Administration.