02-26214. 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 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 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:
Faulkner (01-06-1902P)	City of Conway	August 19, 2002, August 26, 2002, Log Cabin Democrat	The Honorable Tab Townsell, Mayor, City of Conway, 1201 Oak Street, Conway, Arkansas 72033	November 25, 2002	050078
Washington (02-06-1260P)	City of Fayetteville	August 1, 2002, August 8, 2002, Northwest Arkansas Times	The Honorable Dan Coody, Mayor, City of Fayetteville, 113 West Markham Street, Fayetteville, Arkansas 72701	July 23, 2002	050216
Illinois:
Cook (01-05-3037P)	Village of Palos Park	August 8, 2002, August 15, 2002, Daily Southtown	The Honorable Jean A. Moran, Mayor, Village of Palos Park, 8999 West 123rd Street, Palos Park, Illinois 60464	November 14, 2002	170144
Will (02-05-1170P)	Village of Romeoville	August 1, 2002, August 8, 2002, The Herald News	The Honorable Fred Dewald, Jr., Mayor, Village of Romeoville, Village Hall, 13 Montrose Drive, Romeoville, Illinois 60446	November 7, 2002	170711
Kansas:
Riley (02-07-667P)	City of Riley	August 15, 2002, August 22, 2002, The Riley Countian	The Honorable Gerald Baer, Mayor, City of Riley, P.O. Box 333, Riley, Kansas 66531	November 21, 2002	200303
Riley (02-07-666P)	Unincorporated Areas	August 15, 2002, August 22, 2002, The Manhattan Mercury	Mr. Robert Newsome, Chairman, Riley County Commissioner, Courthouse Plaza East, 115 North 4th Street, Manhattan, Kansas 66502	November 21, 2002	200298
Minnesota:
Olmsted (01-05-746P)	Unincorporated Areas	August 1, 2002, August 8, 2002, Post-Bulletin	Mr. Richard Devlin, County Administrator, Olmsted County, 151 4th Street SE, Rochester, Minnesota 55904	July 18, 2002	270626
Olmsted (01-05-746P)	City of Rochester	August 1, 2002, August 8, 2002, Post-Bulletin	The Honorable Chuck Canfield, Mayor, City of Rochester, City Hall, Room 281, 201 4th Street SE, Rochester, Minnesota 55904	July 18, 2002	275246
Missouri: St. Charles (01-07-726P)	City of St. Peters	August 21, 2002, August 28, 2002, St. Peters Journal	The Honorable Tom Brown, Mayor, City of St. Peters, 1 St. Peters Center Boulevard, St. Peters, Missouri 63376	November 27, 2002	290319
New Mexico:
Dona Ana (02-06-1099P)	Unincorporated Areas	August 22, 2002, August 29, 2002, Las Cruces Sun News	Mr. David R. King, County Manager, Dona Ana County, County Managers Complex, 180 West Amador Avenue, Las Cruces, New Mexico 88001	August 8, 2002	350012
Dona Ana (02-06-1099P)	City of Las Cruces	August 22, 2002, August 29, 2002, Las Cruces Sun News	The Honorable Ruben A. Smith, Mayor, City of Las Cruces, P.O. Box 2000, Las Cruces, New Mexico 88004	August 8, 2002	355332
Ohio:
Franklin and Delaware (02-05-1027P)	City of Dublin	August 21, 2002, August 28, 2002, Dublin News	The Honorable Thomas McCash, Mayor, City of Dublin, 5200 Emerald Parkway, Dublin, Ohio 43017-1006	November 27, 2002	390673
Franklin (02-05-1027P)	Unincorporated Areas	August 21, 2002, August 28, 2002, Dublin News	Mr. Dewey R. Stokes, President, Franklin County, Board of Commissioners, 373 South High Street, 26th Floor, Columbus, Ohio 43215	November 27, 2002	390167
Franklin (02-05-1849P)	Unincorporated Areas	August 30, 2002, September 6, 2002, The Columbus Dispatch	Mr. Dewey R. Stokes, President, Franklin County Board of Commissioners, 373 South High Street, 26th Floor, Columbus, Ohio 43215	December 6, 2002	390167
Greene (02-05-2322P)	Unincorporated Areas	August 23, 2002, August 30, 2002, Xenia Daily Gazette	Mr. Stephen Stapleton, Greene County Administrator, 35 Greene Street, Xenia, Ohio 45385	November 29, 2002	390193
Lucas (02-05-2988P)	Village of Holland	August 21, 2002, August 28, 2002, The Blade	The Honorable Michael Yunker, Mayor, Village of Holland, 1245 Clarion Avenue, Holland, Ohio 43528	July 25, 2002	390659
Montgomery (02-05-1438P)	City of Kettering	August 30, 2002, September 6, 2002, Kettering Oakwood Times	The Honorable Marilou Smith, Mayor, City of Kettering, 3600 Shroyer Road, Kettering, Ohio 45429	August 19, 2002	390412
Greene (02-05-2322P)	City of Xenia	August 23, 2002, August 30, 2002, Xenia Daily Gazette	The Honorable John T. Saraga, Mayor, City of Xenia, 101 N. Detroit Street, Xenia, Ohio 45385	November 29, 2002	390197
Texas:
Bastrop (01-06-1169P)	Unincorporated Areas	August 29, 2002, September 5, 2002, Bastrop Advertiser and County News	The Honorable Ronnie McDonald, Judge, Bastrop County, 804 Pecan Street, Bastrop, Texas 78602	December 5, 2002	481193
Dallas (02-06-478P)	City of Cedar Hill	July 25, 2002, August 1, 2002, DeSoto Today	The Honorable Robert L. Franke, Mayor, City of Cedar Hill, P.O. Box 96, Cedar Hill, Texas 75106	July 12, 2002	480168
Dallas (01-06-1425P)	City of Dallas	August 30, 2002, September 6, 2002, Dallas Morning News	The Honorable Laura Miller, Mayor, City of Dallas, 1500 Marilla Street, City Hall, Dallas, Texas 75201	December 6, 2002	480171
Denton (02-06-355P)	City of Denton	August 23, 2002, August 30, 2002, Denton Record Chronicle	The Honorable Euline Brock, Mayor, City of Denton, 215 East McKinney Street, Denton, Texas 76201	November 29, 2002	480194
Denton (01-06-1875P)	Unincorporated Areas	August 23, 2002, August 30, 2002, Denton Record Chronicle	The Honorable Kirk Wilson, Judge, Denton County, Courthouse-on-the-Square, 110 West Hickory Street, Denton, Texas 76201	November 29, 2002	480774
Tarrant (02-06-830P)	City of Forth Worth	August 23, 2002, August 30, 2002, Fort Worth Star Telegram	The Honorable Kenneth Barr, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102	November 29, 2002	480596
Tarrant (01-06-1571P)	City of Grapevine	August 22, 2002, August 29, 2002, The Grapevine Sun	The Honorable William D. Tate, Mayor, City of Grapevine, P.O. Box 95104, Grapevine, Texas 76099	July 29, 2002	480598
Tarrant (02-06-046P)	City of Keller	August 13, 2002, August 20, 2002, The Keller Citizen	The Honorable David Phillips, Mayor, City of Keller, P.O. Box 770, Keller, Texas 76244-0770	August 2, 2002	480602
Collin (02-06-823P)	City of Plano	August 21, 2002, August 28, 2002, Plano Star Courier	The Honorable Pat Evans, Mayor, City of Plano, P.O. Box 860358, Plano, Texas 75086-0358	August 6, 2002	480140
Tarrant (02-06-830P)	City of Saginaw	August 23, 2002, August 30, 2002, Fort Worth Star Telegram	The Honorable Frankie Robbins, Mayor, City of Saginaw, 333 West McLeroy Boulevard, P.O. Box 79070, Saginaw, Texas 76179	November 29, 2002	480610
Tarrant (02-06-830P)	Unincorporated Areas	August 23, 2002, August 30, 2002, Fort Worth Star Telegram	The Honorable Tom Vandergriff, Judge, Tarrant County, 100 E. Weatherford, Fort Worth, Texas 76179	November 29, 2002	480582

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

Dated: September 23, 2002.

Anthony S. Lowe,

Administrator, Federal Insurance and Mitigation Administration.