02-18528. 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 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: Sebastian (01-06-1837P)	City of Fort Smith	June 12, 2002; June 19, 2002; Southwest Times Record	The Honorable C. Raymond Baker, Mayor, City of Fort Smith, P.O. Box 1908, Fort Smith, AR 72902	May 31, 2002	055013
Illinois:
Will (02-05-2034P)	City of Joliet	June 20, 2002; June 27, 2002; Farmers Weekly Review	The Honorable Arthur Schultz, Mayor, City of Joliet, Municipal Building, 150 West Jefferson Street, Joliet, IL 60432	September 26, 2002	170702
Cook (01-05-3763P)	Village of Palos Park	May 1, 2002; May 8, 2002; Daily Southtown	The Honorable Jean Moran, Mayor, Village of Palos Park, 8999 West 123rd Street, Palos Park, IL 60464	August 7, 2002	170144
Will (02-05-2034P)	Village of Plainfield	June 19, 2002; June 26, 2002; The Enterprise	Mr. Richard Rock, Village President, Village of Plainfield, 530 West Lockport Street, Suite 206, Plainfield, IL 60544	September 25, 2002	170771
Will (02-05-2034P)	Unincorporated Areas	June 19, 2002; June 25, 2002; The Herald News	Mr. Joseph Mikan, County Executive, Will County, 302 North Chicago Street, Joliet, IL 60432	September 24, 2002	170695
Michigan: Wayne (01-05-2843P)	Township of Canton	July 11, 2002; July 18, 2002; Michigan Community Newspapers	Mr. Thomas Yack, Township Supervisor, Township of Canton, 1150 South Canton Center, Canton, MI 48188	June 14, 2002	260219
Minnesota:
Dakota (01-05-2461P)	City of Lakeville	May 1, 2002; May 8, 2002; The Lakeville Sun-Current	Mr. Robert Erickson, Lakeville City Administrator, 20195 Holyoke Avenue, Lakeville, MN 55044	August 7, 2002	270107
Dakota (02-05-0298P)	City of Lakeville	May 22, 2002; May 29, 2002; The Lakeville Sun-Current	Mr. Robert Erickson, Lakeville City Administrator, 20195 Holyoke Avenue, Lakeville, MN 55044	August 28, 2002	270107
Lyon (02-05-1586P)	City of Marshall	May 24, 2002; May 31, 2002; Marshall Independent	The Honorable Robert Byrnes, Mayor, City of Marshall, 344 West Main Street, Marshall, MN 56258	August 30, 2002	270258
Missouri: Howell (00-07-791P)	City of West Plains	June 21, 2002; June 28, 2002; West Plains Daily Quill	The Honorable Joe Paul Evans, Mayor, City of West Plains, P.O. Box 710, West Plains, MO 65775	December 6, 2002	290166
Ohio:
Lorain (02-05-1841P)	City of Avon Lake	May 23, 2002; May 30, 2002; The Sun	The Honorable Robert Berner, Mayor, City of Avon Lake, 150 Avon-Belden Road Avon Lake, OH 44012	August 28, 2002	390602
Cuyahoga (01-05-542P)	City of Parma Heights	May 2, 2002; May 9, 2002; Parma Sun Post	The Honorable Paul Cassidy, Mayor, City of Parma Heights, 6281 Pearl Road, Parma Heights, OH 44130	August 8, 2002	390124
Franklin and Delaware (02-05-1465P)	City of Westerville	May 22, 2002; May 29, 2002; Westerville News and Public Opinion	The Honorable Stewart Flaherty, Mayor, City of Westerville, 21 South State Street, Westerville, OH 43081	August 28, 2002	390179
Oklahoma:
Tulsa (01-06-701P)	City of Bixby	April 25, 2002; May 2, 2002; Bixby Bulletin	The Honorable Joe Williams, Mayor, City of Bixby, 116 West Needles Street, Bixby, OK 74008	August 1, 2002	400207
Oklahoma, Candian, Cleveland, McClain, and Pottawatomie (01-06-2001P)	City of Oklahoma	June 18, 2002; June 25, 2002; The Daily Oklahoman	The Honorable Kirk Humphreys, Mayor, City of Oklahoma City, 200 North Walker, Suite 302, Oklahoma City, OK 73102	September 24, 2002	405378
Texas:
Collin (02-06-1539)	City of Allen	May 29, 2002; June 5, 2002; The Allen American	The Honorable Steve Terrell, Mayor, City of Allen, One Allen Civic Plaza, Allen, TX 75013	September 4, 2002	480131
Collin (01-06-820P)	City of Allen	June 12, 2002; June 19, 2002; The Allen American	The Honorable Stephen Terrell, Mayor, City of Allen, One Allen Civic Plaza, Allen, TX 75013	September 18, 2002	480131
Travis (02-06-826P)	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, TX 78701	August 6, 2002	480624
Travis (01-06-338P)	City of Austin	May 31, 2002; June 7, 2002; Austin American Statesman	The Honorable Gus Garcia, Mayor, City of Austin, P.O. Box 1088, Austin, TX 78767	September 6, 2002	480624
Bexar (02-06-761P)	Unincorporated Areas	May 9, 2002; May 16, 2002; San Antonio Express-News	The Honorable Nelson W. Wolff, Judge, Bexar County, 100 Dolorosa, Suite 120, San Antonio, TX 78205	August 15, 2002	480035
Bexar (01-06-1795P)	Unincorporated Areas	May 24, 2002; May 31, 2002; San Antonio Express News	The Honorable Nelson W. Wolff, County Judge, Bexar County, 100 Dolorosa, Suite 120, San Antonia, TX 78205	August 30, 2002	480035
Brazos (02-06-031P)	City of College Station	May 24, 2002; May 31, 2002; The Bryan/College Station Eagle	The Honorable Lynn McIlhaney, Mayor, City of College Station, P.O. Box 9960, College Station, TX 77842-9960	August 30, 2002	480083
Denton (02-06-276P)	City of Denton	May 22, 2002; May 29, 2002; Denton Record Chronicle	The Honorable Euline Brock, Mayor, City of Denton, 215 East McKinney Street, Denton, TX 76201	May 2, 2002	480194
Tarrant (01-06-982P)	City of Fort Worth	June 7, 2002; June 14, 2002; Fort Worth Star Telegram	The Honorable Kenneth Barr, Mayor, City of Fort Worth, City Hall 1000 Throckmorton Street, Fort Worth, TX 76102	September 13, 2002	480596
Gillespie (00-06-1860P)	City of Fredericksburg	May 22, 2002; May 29, 2002; Fredericksburg Standard Radio Post	The Honorable Tim Crenweldge, Mayor, City of Fredericksburg, 126 West Main Street, Fredericksburg, TX 78624-3708	August 28, 2002	480252
Dallas (02-05-151P)	City of Garland	May 2, 2002; May 9, 2002; Garland Morning News	The Honorable Jim Spence, Mayor, City of Garland, P.O. Box 469002, Garland, TX 75046-9002	August 8, 2002	485471
Hood (02-06-198P)	City of Granbury	May 30, 2002; June 6, 2002; Hood County News	The Honorable David Southern, Mayor, City of Granbury, P.O. Box 969, Granbury, TX 76048	September 5, 2002	480357
Dallas (01-06-1213P)	City of Glenn Heights	May 22, 2002; May 29, 2002; Focus Daily News	The Honorable Mary Coffman, Mayor, City of Glenn Heights, 1938 South Hampton, Glenn Heights, TX 75154	August 28, 2002	481265
Hidalgo (02-06-715P)	Unincorporated Areas	June 20, 2002; June 27, 2002; The Monitor	The Honorable Jose E. Pulido, County Judge, Hidalgo County, 100 E. Cano Street, Edinburg, TX 78539	May 30, 2002	480334
Hood (02-06-198P)	Unincorporated Areas	May 30, 2002; June 6, 2002; Hood County News	The Honorable Linda Steen, Judge, Hood County, 100 East Pearl Street, Granbury, TX 76048	September 5, 2002	480356
Tarrant, (01-06-1481P)	City of Hurst	May 24, 2002; May 31, 2002; Dallas Morning News	The Honorable Bill Souder, Mayor, City of Hurst, 1505 Precinct Line Road, Hurst, TX 76054	April 30, 2002	480601
Gregg and Harrison (02-06-512P)	City of Longview	May 10, 2002; May 17, 2002; Longview News Journal	The Honorable Earl Roberts, Mayor, City of Longview, P.O. Box 1952, 300 West Cotton Street, Longview, TX 75606	August 16, 2002	480264
Collin (01-06-1229P)	City of McKinney	May 7, 2002; May 14, 2002; McKinney Courier-Gazette	The Honorable Don Dozier, Mayor, City of McKinney, P.O. Box 517, McKinney, TX 75070	August 13, 2002	480135
Montgomery (02-06-763P)	Unincorporated Areas	May 1, 2002; May 8, 2002; The Courier	The Honorable Alan B. Sadler Judge, Montgomery County, 301 North Thompson Street, Suite 210, Conroe, TX 77301	August 7, 2002	480483

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

Dated: July 15, 2002.

Robert F. Shea,

Acting Administrator, Federal Insurance and Mitigation Administration.