01-26425. 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, Hazard Mapping and Risk Assessment Division, FEMA, 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: Pope	City of Russellville	August 21, 2001, August 28, 2001, The Courier	The Honorable Raye Turner, Mayor, City of Russellville, P. O. Box 428, Russellville, Arkansas 72801	July 30, 2001	050178
Illinois:
Lake	Village of Lake Zurich	August 16, 2001, August 23, 2001, Lake Zurich Courier	The Honorable James Krischke, Mayor, Village of Lake Zurich, 70 East Main Street, Lake Zurich, Illinois 60047	July 18, 2001	170376
Will	Unincorporated Areas	July 24, 2001, July 31, 2001, The Chicago Sun-Times	Mr. Joseph L. Mikan, County Executive, Will County, 302 North Chicago Street, Joliet, Illinois 60432	October 30, 2001	170695
Indiana: Howard	Unincorporated Areas	July 20, 2001, July 27, 2001, Kokomo Tribune	Mr. John Harbaugh, President, Howard County, Board of Commissioners, 230 North Main, Kokomo, Indiana 46901	June 27, 2001	180414
Iowa: Black Hawk	City of Cedar Falls	July 24, 2001, July 31, 2001, Waterloo Cedar Falls Courier	The Honorable Jon Crews, Mayor, City of Cedar Falls, 220 Clay Street, Cedar Falls, Iowa 50613	June 22, 2001	190017
Missouri: Marion	Unincorporated Areas	August 1, 2001, August 8, 2001, Palmyra Spectator	Mr. Lyndon Bode, Presiding Commissioner, Marion County, 100 South Main Street, Palmyra, Missouri 63461	July 9, 2001	290222
Nebraska: Lancaster	City of Lincoln	April 19, 2001, April 26, 2001, Lincoln Journal Star	The Honorable Don Wesely, Mayor, City of Lincoln, 555 South 10th Street, Room 208, Lincoln, Nebraska 68508	March 13, 2001	315273
Ohio: Summit	City of Twinsburg	August 9, 2001, August 16, 2001, The Twinsburg Bulletin	The Honorable Katherine Procop, Mayor, City of Twinsburg, 10075 Ravenna Road, Twinsburg, Ohio 44087	November 15, 2001	390534
Oklahoma: Jefferson	City of Waurika	July 5, 2001, July 12, 2001, Waurika News-Democrat	The Honorable Biff Eck, Mayor, City of Waurika, 122 South Main, Waurika, Oklahoma 73573	October 11, 2001	400076
Texas:
Tarrant	City of Haltom City	July 24, 2001, July 31, 2001, Fort Worth Star-Telegram	Mr. Joel A. Guerrero, Floodplain Administrator, City of Haltom City, 5024 Broadway Avenue, Haltom City, Texas 76117	October 30, 2001	480599
Harris	Unincorporated Areas	August 16, 2001, August 23, 2001, Houston Chronicle	The Honorable Robert Eckels, Harris County Judge, 1001 Preston Street, Suite 911, Houston, Texas 77002	November 22, 2001	480287
Harris	Unincorporated Areas	August 21, 2001, August 28, 2001, Houston Chronicle	The Honorable Robert Eckels, Harris County Judge, 1001 Preston Street, Suite 911, Houston, Texas 77002	November 27, 2001	480287
Harris	City of Houston	August 21, 2001, August 28, 2001, Houston Chronicle	The Honorable Lee P. Brown, Mayor, City of Houston, P. O. Box 1562, Houston, Texas 77251-1562	November 27, 2001	480296
Denton	Town of Little Elm	July 12, 2001, July 19, 2001, Deonton Record-Chronicle	The Honorable Jim Pelley, Mayor, Town of Little Elm, P. O. Box 129, Little Elm, Texas 75068	October 18, 2001	481152
Tarrant	City of North Richland Hills	July 24, 2001, July 31, 2001, Fort Worth Star-Telegram	The Honorable Charles Scoma, Mayor, City of North Richland Hills, P. O. Box 820609, North Richland Hills, Texas 76182	October 30, 2001	480607
Tarrant	City of North Richland Hills	August 23, 2001, August 30, 2001, Fort Worth Star-Telegram	The Honorable Charles Scoma, Mayor, City of North Richland Hills, P. O. Box 820609, North Richland Hills, Texas 76182	July 31, 2001	480607
Tarrant	City of Richland Hills	July 24, 2001, July 31, 2001, Fort Worth Star-Telegram	Mr. John W. Cherry, P.E., Director, Dept. of Public Works, City of Richland Hills, 6700 Rena Drive, Richland Hills, Texas 76118	October 30, 2001	480608
Tarrant	City of Southlake	August 3, 2001, August 10, 2001, Fort Worth Star-Telegram	The Honorable Rick Stacy, Mayor, City of Southlake, 1400 Main Street, Suite 270, Southlake, Texas 76092	November 9, 2001	480612
Harris	City of Tomball	July 25, 2001, August 1, 2001, Tomball Magnolia Tribune	The Honorable Hap Harrington, Mayor, City of Tomball, 401 West Market Street, Tomball, Texas 77375-4645	October 31, 2001	480315

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

Dated: October 3, 2001.

Robert F. Shea,

Acting Administrator, Federal Insurance and Mitigation Administration.