03-30991. Changes in Flood Elevation Determinations

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.

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, [phone].

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.

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:
Washington (Case No. 03-06-1948P)	Unincorporated Areas	October 7, 2003, October 14, 2003, Northwest Arkansas Times	The Honorable Jerry Hunton, Judge, Washington County, 280 North College Avenue, Suite 500, Fayetteville, AR 72701	Jan. 13, 2004	050212
Washington (Case No. 03-06-1948P)	City of Fayetteville	October 7, 2003, October 14, 2003, Northwest Arkansas Times	The Honorable Dan Coody, Mayor, City of Fayetteville, 113 West Mountain Street, Fayetteville, AR 72701	Jan. 13, 2004	050216
Illinois: Kendall (Case No. 03-05-0545P)	Village of Oswego	October 23, 2003, October 30, 2003, The Ledger-Sentinel	Mr. Craig Weber, President, Village of Oswego, 113 Main Street, Oswego, IL 60543	Oct. 6, 2003	170345
Indiana:
Lake (Case No. 03-05-5175P)	Town of Griffith	October 23, 2003, October 30, 2003, The Times	The Honorable Stanley Dobosz, Town Council President, Town of Griffith, 111 North Broad Street, Griffith, IN 46319	Jan. 29, 2004	185175
Lake (Case No. 03-05-5174P)	Town of Highland	October 23, 2003, October 30, 2003, The Times	The Honorable Mark Herak, Town Council President, Town of Highland, 3333 Ridge Road, Highland, IN 46322	Jan. 29, 2004	185176
Lake (Case No. 03-05-3366P)	Unincorporated Areas	October 23, 2003, October 30, 2003, The Times	The Honorable Gerry J. Scheub, President, Lake County Board of Commissioners, 2293 North Main Street, 3rd Floor, Building A, Crown Point, IN 46307	Jan. 29, 2004	180126
Louisiana: East Baton Rouge Parish (Case No. 03-06-827P)	City of Zachary	October 16, 2003, October 23, 2003, The Zachary Plainsman	The Honorable Charlene Smith, Mayor, City of Zachary, 4700 Main Street, Zachary, LA 70791	Sept. 30, 2003	220061
Michigan: Macomb (Case No. 03-05-3367P)	City of Fraser	October 31, 2003, November 7, 2003, The Macomb Daily	The Honorable Edmund T. Adamczyk, Mayor, City of Fraser, City Hall, 33000 Garfield Road, Fraser, MI 48026	Oct. 17, 2003	260122
Minnesota: Carver (Case No. 02-05-0831P)	Unincorporated Areas	October 23, 2003, October 30, 2003, The Waconia Patriot	Mr. David Hemze, Acting Administrator, Carver County, Carver County Courthouse, 600 East Fourth Street, Chaska, MN 55318	Jan. 29, 2004	270049
Missouri: St. Louis (Case No. 03-07-894P)	Unincorporated Areas	October 22, 2003, October 29, 2003, St Louis Post Dispatch	Mr. Buzz Westfall, St. Louis County Executive, 41 South Central Avenue, St. Louis, MO 63105	Jan. 28, 2004	290327
New Mexico:
Bernalillo (Case No. 03-06-1734P)	City of Albuquerque	October 23, 2003, October 30, 2003, Albuquerque Journal	The Honorable Martin Chavez, Mayor, City of Albuquerque, P.O. Box 1293, Albuquerque, NM 87103	Oct. 9, 2003	350002
Bernalillo (Case No. 03-06-2528P)	Unincorporated Areas	September 30, 2003, October 7, 2003, Albuquerque Journal	Mr. Tom Rutherford, Chairperson, Bernalillo County, One Civic Plaza, N.W., Albuquerque, NM 87102	Jan. 6, 2004	350001
Ohio: Lorain (Case No. 02-05-3235P)	City of Avon Lake	October 9, 2003, October 16, 2003, The Sun	The Honorable Robert Berner, Mayor, City of Avon Lake, 150 Avon Belden Road, Avon Lake, OH 44012	Sept. 24, 2003	390602
Oklahoma:
Tulsa (Case No. 03-06-1541P)	City of Tulsa	October 17, 2003, October 24, 2003, Tulsa World	The Honorable Bill LaFortune, Mayor, City of Tulsa, City Hall, 200 Civic Center, Tulsa, OK 74103	Oct. 1, 2003	405381
Tulsa (Case No. 03-06-1945P)	City of Tulsa	October 24, 2003, October 31, 2003, Tulsa World	The Honorable Bill LaFortune, Mayor, City of Tulsa, City Hall, 200 Civic Center, Tulsa, OK 74103	Oct. 9, 2003	405381
Texas:
Johnson (Case No. 03-06-060P)	City of Burleson	October 22, 2003, October 29, 2003, The Burleson Star	The Honorable Byron Black, Mayor, City of Burleson, 141 West Renfro, Burleson, TX 76028	Jan. 28, 2004	485459
Dallas (Case No. 03-06-435P)	City of Carrollton	October 24, 2003, October 31, 2003, Northwest Morning News	The Honorable Mark Stokes, Mayor, City of Carrollton, 1945 E. Jackson Road, Carrollton, TX 75006	Oct. 7, 2003	480167
Dallas (Case No. 02-06-2440P)	City of Cedar Hill	October 17, 2003, October 24, 2003, Dallas Morning News	The Honorable Robert Franke, Mayor, City of Cedar Hill, P.O. Box 96, Cedar Hill, TX 75106	Jan. 23, 2004	480168
Denton (Case No. 03-06-1926P)	Town of Flower Mound	October 29, 2003, November 5, 2003, Flower Mound Leader	The Honorable Lori DeLuca, Mayor, Town of Flower Mound, 2121 Cross Timbers Road, Flower Mound, TX 75028	Oct. 15, 2003	480777
Tarrant (Case No. 02-06-2311P)	City of Fort Worth	October 21, 2003, October 28, 2003 The Star Telegram	The Honorable Michael J. Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102-6311	Oct. 9, 2003	480596
Tarrant (Case No. 03-06-1376P)	City of Fort Worth	October 22, 2003, October 29, 2003, The Star Telegram	The Honorable Michael J. Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102-6311	Oct. 7, 2003	480596
Denton (Case No. 03-06-435P)	City of Hebron	October 22, 2003, October 29, 2003, The Carrollton Leader	The Honorable Kelly Clem, Mayor, Town of Hebron, 4216 Charles Street, Carrollton, TX 75010	Oct. 7, 2003	481495
Tarrant (Case No. 03-06-444P)	City of North Richland Hills	October 22, 2003, October 29, 2003 The North East Tarrant County Morning News	The Honorable T. Oscar Trevino, Jr., Mayor, City of North Richland Hills, 7301 North East Loop 820, North Richland Hills, TX 76180	Oct. 7, 2003	480607
Collin (Case No. 03-06-407P)	City of Plano	October 29, 2003, November 5, 2003 Plano Star Courier	The Honorable Pat Evans, Mayor, City of Plano, P.O. Box 860358, Plano, TX 75086-0358	Feb. 4, 2004	480140
Hays (Case No. 02-06-1681P)	City of San Marcos	October 17, 2003, October 24, 2003, San Marcos Daily Record	The Honorable Robert Habingreither, Mayor, City of San Marcos, 630 East Hopkins, San Marcos, TX 78666	Sept. 30, 2003	485505

(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.