02-12655. 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 recordkeeping requirements

Accordingly, 44 CFR Part 65 is amended 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 number
Arkansas: Cleburne	Unincorporated Areas	April 3, 2002, April 10, 2002, The Sun Times	The Honorable Claude Dill, Judge, Cleburne County, County Courthouse, 301 West Main Street, Heber Springs, Arkansas 72543	March 12, 2002	050424
Illinois: Cook	Unincorporated Areas	March 20, 2002, March 27, 2002, The Chicago Tribune	Mr. John H. Stroger, Jr., President, Cook County Board of Commissioners, 118 North Clark Street, Room 537, Chicago, Illinois 60602	June 26, 2002	170054
Illinois: Cook	Unincorporated Areas	January 17, 2002, January 24, 2002, Northbrook Star	Mr. John H. Stroger, Jr., President, Cook County Board of Commissioners, 118 North Clark Street, Room 537, Northbrook, Illinois 60602	December 20, 2001	170054
Illinois: St. Clair	City of Belleville	January 8, 2002, January 15, 2002, Belleville News-Democrat	The Honorable Mark A. Kern, Mayor, City of Belleville, 101 South Illinois Street, Belleville, Illinois 62220	April 16, 2002	170618
Illinois: Cook	City of Northbrook	January 17, 2002, January 24, 2002, Northbrook Star	Mr. Mark W. Damisch, President, Village of Northbrook, 1225 Cedar Lane Northbrook, Illinois 60062-4582	December 20, 2001	170132
Illinois: Cook	City of Oak Forest	March 20, 2002, March 27, 2002, The Chicago Tribune	The Honorable Patrick M. Gordon, Mayor, City of Oak Forest, 15440 South Central Avenue, Oak Forest, Illinois 60452	June 26, 2002	170136
Illinois: Will	Village of Plainfield	February 20, 2002, February 27, 2002, The Enterprise	Mr. Richard Rock, President, Village of Plainfield, 530 West Lockport Street, Suite 206, Plainfield, Illinois 60544	May 29, 2002	170771
Indiana: Dearborn	Town of Greendale	February 7, 2002, February 14, 2002, The Dearborn County Register	The Honorable Doug Hedrick, Mayor, Town of Greendale, 510 Ridge Avenue, Greendale, Indiana 47025	January 9, 2002	180040
Indiana: Johnson	City of Greenwood	April 3, 2002, April 10, 2002, Greenwood and Southside Challenger	The Hon. Charles E. Henderson, Mayor, City of Greenwood, 2 North Madison Avenue, Greenwood, Indiana 46142	April 22, 2002	180115
Indiana: Dearborn	City of Lawrenceburg	February 7, 2002, February 14, 2002, The Dearborn County Register	The Honorable Paul E. Tremain, Mayor, City of Lawrenceburg, 450 Main Street, Lawrenceburg, Indiana 47025	January 9, 2002	180041
Michigan: Oakland	Village of Lake Orion	April 3, 2002, April 10, 2002, The Lake Orion Review	Ms. JoAnn Van Tassel, Manager, Village of Lake Orion, 37 East Flint Street, Lake Orion, Michigan 48362	April 5, 2002	260588
Michigan: Macomb	City of Warren	March 22, 2002, March 29, 2002, The Macomb Daily	The Hon Mark A. Steenbergh, Mayor, City of Warren, Warren Municipal Building, 29500 Van Dyke Avenue, Warren, Michigan 48093	June 28, 2002	260129
Michigan: Macomb	Township of Washington	February 8, 2002, February 15, 2002, The Macomb Daily	Mr. Gary Kirsh, Supervisor, Township of Washington, P.O. Box 94067, Washington, Michigan 48094	December 21, 2001	260447
Minnesota: Anoka	City of Coon Rapids	February 15, 2002, February 22, 2002, The Herald	The Honorable Ilona McCauley, Mayor, City of Coon Rapids, 11155 Robinson Drive, Coon Rapids, Minnesota 55433	January 22, 2002	270011
Minnesota: Rice	City of Dundas	January 23, 2002, January 30, 2002, Northfield News	The Honorable Myron Malecha, Mayor, City of Dundas, 216 Railway Street North, Dundas, Minnesota 55109-4013	May 1, 2002	270403
Missouri: St. Louis	City of Ladue	April 19, 2002, April 26, 2002, St. Louis Post Dispatch	The Honorable Jean Quenlen, Mayor, City of Ladue, 9345 Clayton Road, Ladue, Missouri 63124-1511	April 2, 2002	290363
Missouri: Ste. Genevieve	City of Ste., Ste. Genevieve	February 20, 2002, February 27, 2002, Ste. Genevieve Herald	The Honorable Kathleen Waltz, Mayor, City of Ste. Genevieve, 165 South Fourth Street, Ste. Genevieve, Missouri 63670	February 8, 2002	290325
Missouri: Ste. Genevieve	Unincorporated Areas	February 20, 2002, February 27, 2002, Ste. Genevieve Herald	Mr. Dennis Huck, County Commissioner, Ste. Genevieve County, 165 South Fourth Street, Ste. Genevieve, Missouri 63670	February 8, 2002	290833
New Mexico: Bernalillo	City of Albuquerque	February 21, 2002, February 28, 2002, Albuquerque Journal	Mr. Tom Rutherford, Chairman, Bernalillo County, 2400 Broadway, S.E., Albuquerque, New Mexico 87102	January 29, 2002	350001
Ohio: Lorain	City of Avon	March 22, 2002, March 29, 2002, The Morning Journal	The Honorable James A. Smith, Mayor, City of Avon, 36080 Chester Road, Avon, Ohio 44011	June 28, 2002	390348
Ohio: Montgomery	City of Centerville	March 15, 2002, March 22, 2002, Dayton Daily News	The Honorable Sally D. Beals, Mayor, City of Centerville, 7875 Stonehouse Court, Centerville, Ohio 45459	June 21, 2002	390408
Ohio: Delaware	Unincorporated Areas	March 6, 2002, March 13, 2002, Westerville News and Public Opinion	Mr. James Ward, President, Delaware County, Board of Commissioners, 101 North Sandusky Street, Delaware, Ohio 43015	June 12, 2002	390146
Ohio: Franklin	Unincorporated Areas	March 6, 2002, March 13, 2002, Westerville News and Public Opinion	Mr. Dewey R. Stokes, President, Franklin County, Board of Commissioners, 373 South High Street, 26th Floor, Columbus, Ohio 43215	June 12, 2002	390167
Ohio: Franklin	City of Grove City	April 17, 2002, April 24, 2002, Suburban News Publication	The Hon. Cheryl L. Grossman, Mayor, City of Grove City, P.O. Box 427, Grove City, Ohio 43123	July 24, 2002	390173
Ohio: Lucas	Unincorporated Areas	February 19, 2002, February 26, 2002 Farmland News	Ms. Sandy Isenberg, President, Lucas County, Board of Commissioners, One Government Center, Suite 800, Toledo, Ohio 43604	May 28, 2002	390359
Ohio: Franklin and Delaware	City of Westerville	March 6, 2002, March 13, 2002, Westerville News and Public Opinion	The Honorable Stewart Flaherty, Mayor, City of Westerville, 21 South State Street, Westerville, Ohio 43081	June 12, 2002	390179
Ohio: Franklin and Delaware	City of Westerville	April 10, 2002, April 17, 2002 Westerville News and Public Opinion	The Honorable Stewart Flaherty, Mayor, City of Westerville, 21 South State Street, Westerville, Texas 43081	March 8, 2002	390179
Oklahoma: Oklahoma	Unincorporated Areas	March 22, 2002, March 29, 2002, The Edmond Sun	The Honorable Saundra Naifeh, Mayor, City of Edmond, P.O. Box 2970, Edmond, Oklahoma 73083	February 28, 2002	400252
Oklahoma: Tulsa	Unincorporated Areas	March 7, 2002, March 14, 2002, Tulsa World	The Honorable Wilbert E. Collins, Chairman, Board of Commissioners, 500 South Denver, Tulsa, Oklahoma 74103	June 13, 2002	400462
Texas: Tarrant	City of Arlington	April 10, 2002, April 17, 2002, The Arlington Morning News	The Honorable Elzie Odom, Mayor, City of Arlington, 101 West Abram Street, Arlington, Texas 76004-0231	July 16, 2002	485454
Texas: Travis	City of Austin	March 5, 2002, March 12, 2002, Austin American Statesman	The Honorable Kirk P. Watson, Mayor, City of Austin, 124 West 8th Street, Austin, Texas 78701	January 18, 2002	480624
Texas: Travis	City of Austin	April 30, 2002, May 7, 2002, Austin American Statesman	The Honorable Kirk P. Watson, Mayor, City of Austin, 124 West 8th Street, Austin, Texas 78701	August 6, 2002	480624
Texas: Bexar	Unincorporated Areas	January 17, 2002, January 24, 2002, San Antonio Express News	The Honorable Cyndi T. Krier, Judge, Bexar County, 100 Dolorosa, Suite 101, San Antonio, Texas 78205-3035	April 25, 2002	480035
Texas: Bexar	Unincorporated Areas	February 21, 2002, February 28, 2002, San Antonio Express News	The Honorable Nelson W. Wolff, Judge, Bexar County, 100 Dolorosa, Suite 101, San Antonio, Texas 78205-3035	May 30, 2002	480035
Texas: Johnson	City of Burleson	February 20, 2002, February 27, 2002, The Burleson Star	The Honorable Byron Black, Mayor, City of Burleson, 141 West Renfro, Burleson, Texas 76028	May 29, 2002	485459
Texas: Comal	Unincorporated Areas	November 16, 2001, November 23, 2001, New Braunfels Herald-Zeitung	The Honorable Danny Scheel, Judge, Comal County, 150 North Seguin Street, New Braunfels, Texas 78130	February 22, 2002	485463
Texas: Montgomery	City of Conroe	February 19, 2002, February 26, 2002, The Courier	The Honorable Carter Moore, Mayor, City of Conroe, P.O. Box 3066, Conroe, Texas 77305	May 28, 2002	480484
Texas: Denton	Town of Corinth	April 3, 2002, April 10, 2002, Lake Cities Sun Paper	The Hon. Shirley Spellerberg, Mayor, Town of Corinth, 2003 South Corinth, Corinth, Texas 76205	July 10, 2002	481143
Texas: Dallas	City of Dallas	January 24, 2002, January 31, 2002, Dallas Morning News	The Honorable Ron Kirk, Mayor, City of Dallas, 1500 Marilla Street, City Hall, Dallas, Texas 75201	May 1, 2002	480171
Texas: Tarrant	City of Fort Worth	March 20, 2002, March 27, 2002, Fort Worth Star-Telegram	The Honorable Kenneth Barr, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102-6311	June 26, 2002	480569
Texas: Tarrant	City of Fort Worth	April 3, 2002, April 10, 2002, Fort Worth Star-Telegram	The Honorable Kenneth Barr, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102-6311	July 10, 2002	480596
Texas: Dallas	City of Garland	March 7, 2002, March 14, 2002, Garland Morning News	The Honorable Jim Spence, Mayor, City of Garland, 200 North 5th Street, P.O. Box 469002, Garland, Texas 76046-9002	June 13, 2002	485471
Texas: Harris	City of Houston	January 10, 2002, January 17, 2002, Houston Chronicle	The Honorable Lee P. Brown, Mayor, City of Houston, P.O. Box 1562 Houston, Texas 77251	April 18, 2002	480296
Texas: Williamson	City of Hutto	February 21, 2002, February 28, 2002, Hutto Herald	The Honorable Glen Pierce, Mayor, City of Hutto, P.O. Box 280, Hutto, Texas 78634	May 30, 2002	481047
Texas: Dallas	City of Irving	April 4, 2002, April 11, 2002 The Irving Morning News	The Honorable Joe H. Putnam, Mayor, City of Irving, P.O. Box 152288, Irving, TX 75015-2288	March 8, 2002	480180
Texas: Midland	City of Midland	May 2, 2002, May 9, 2002, Midland Reporter-Telegram	The Honorable Michael J. Canon, Mayor, City of Midland, City Hall, 300 N. Loraine, Midland, Texas 79701	August 8. 2002	480477
Texas: Montgomery	Unincorporated Areas	March 6, 2002, March 13, 2002, The Courier	The Honorable Alan B. Sadler, Judge, Montgomery County, 301 North Thompson Street, Suite 201, Conroe, Texas 77301	June 12, 2002	480483
Texas: Montgomery	Unincorporated Areas	March 20, 2002, March 27, 2002, The Courier	The Honorable Alan B. Sadler, Judge, Montgomery County, 301 North Thompson Street, Suite 210, Conroe, Texas 77301	February 26, 2002	480483
Texas: Montgomery	Unincorporated Areas	March 21, 2002, March 28, 2002, The Courier	The Honorable Alan B. Sadler, Judge, Montgomery County, 301 North Thompson Street, Suite 210, Conroe, Texas 77301	March 1, 2002	480483
Texas: Tarrant	City of North Richland Hills	January 8, 2002, January 15, 2002, Fort Worth Star-Telegram	The Honorable Charles Scoma, Mayor, City of North Richland Hills, P.O. Box 820609, North Richland Hills, Texas 76182	December 19, 2001	480607
Texas: Tarrant	City of North Richland Hills	March 4, 2002, March 11, 2002, Fort Worth Star-Telegram	The Honorable Charles Scoma, Mayor, City of North Richland Hills, P.O. Box 820609, North Richland Hills, Texas 76182	January 23, 2002	480607
Texas: Montgomery	City of Oak Ridge North	March 6, 2002, March 13, 2002, The Courier	The Honorable Joe Michels, Mayor, City of Oak Ridge North, City Hall, 27424 Robinson Road, Oak Ridge North, TX 77385	June 12, 2002	481560
Texas: Collin	City of Plano	February 20, 2002, February 27, 2002, Plano Star Courier	The Honorable Jeran Akers, Mayor, City of Plano, P.O. Box 860358, Plano, Texas 75086-0358	May 29, 2002	480140
Texas: Rockwall	City of Rockwall	March 22, 2002, March 29, 2002, The Rockwall/Rowlett Morning News	The Honorable Scott Self, Mayor, City of Rockwall, 205 West Rusk, Rockwall, TX 75087	March 1, 2002	480547
Texas: Tarrant	Unincorporated Areas	April 3, 2002, April 10, 2002, Fort Worth Star-Telegram	The Honorable Tom Vandergriff, Judge, Tarrant County, 100 East Weatherford Street, Fort Worth, Texas 76196-0101	July 10, 2002	480582
Texas: Travis	Unincorporated Areas	March 6, 2002, March 13, 2002, Austin American-Statesman	The Honorable Samuel T. Briscoe, Judge, Travis County, P.O. Box 1748, Austin, Texas 78767-1748	June 12, 2002	481026
Texas: Collin	City of Wylie	March 20, 2002, March 27, 2002, Wylie News	The Honorable John Mondy, Mayor, City of Wylie, 2000 State Highway 78 North, Wylie, TX 75098	March 1, 2002	480759

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

Dated: May 14, 2002.

Robert F. Shea,

Acting Administrator, Federal Insurance and Mitigation Administration.