02-20963. 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: Pulaski (01-06-1835P)	City of Little Rock	July 10, 2002; July 17, 2002; Little Rock Free Press	The Honorable Jim Dailey, Mayor, City of Little Rock, 500 West Markham Street, Room 203, Little Rock, Arkansas 72201	October 16, 2002	050181
Illinois:
McHenry (01-05-3762P)	Village of Lake In The Hills	July 2, 2002; July 9, 2002; The Northwest Herald	Mr. Ed Plaza, Village President, 1115 Crystal Lake Road, Lake In The Hills, Illinois 60156	October 8, 2002	170481
McHenry (01-05-3762P)	Unincorporated Areas	July 2, 2002; July 9, 2002 The Northwest Herald	Mr. Mike Tryon, Chairperson, McHenry County Board, McHenry County Government Center, 2200 North Seminary Avenue, Woodstock, Illinois 60098	October 8, 2002	170732
Cook (02-05-2333P)	Village of Palos Park	July 9, 2002; July 16, 2002; Daily Southtown	The Honorable Jean A. Moran, Mayor, Village of Palos Park, 8999 West 123rd Street, Palos Park, Illinois 60464	October 15, 2002	170144
Kansas: Sedgwick (00-07-493P)	City of Wichita	May 24, 2001; May 31, 2001; Wichita Eagle	The Honorable Bob Knight, Mayor, City of Wichita, 455 North Main Street, 5th Floor, Wichita, Kansas 67202	August 31, 2001	200328
Ohio:
Lorain (02-05-0982P)	City of Avon	July 9, 2002; July 16, 2002; The Morning Journal	The Honorable James A. Smith, Mayor, City of Avon, 36080 Chester Road, Avon, Ohio 44011	June 21, 2002	390348
Franklin (01-05-1827P)	City of Columbus	July 8, 2002; July 15, 2002; Columbus Dispatch	The Honorable Michael B. Coleman, Mayor, City of Columbus, 90 West Broad Street, Columbus, Ohio 43215	October 14, 2002	390170
Franklin (01-05-1827P)	Unincorporated Areas	July 8, 2002; July 15, 2002; Columbus Dispatch	The Honorable Arlene Shoemaker, President, Franklin County Board of Commissioners, 373 South High Street, 26th Floor, Columbus, Ohio 43215	October 14, 2002	390167
Franklin (01-05-1827P)	Village of Groveport	July 8, 2002; July 15, 2002; Southwest Messenger	Mr. Anthony Bales, Village Administrator, Village of Groveport, Groveport Municipal Building, 655 Blacklick Street, Groveport, Ohio 43125	October 14, 2002	390174
Butler and Warren (01-05-1645P)	Village of Monroe	July 3, 2002; July 10, 2002; Middletown Journal	The Honorable Michael P. Morris, Major, Village of Monroe, 233 South Main Street, Monroe, Ohio 45050	October 9, 2002	390042
Montgomery (02-05-0845P)	Unincorporated Areas	July 9, 2002; July 16, 2002; Dayton Daily News	Mr. Charles J. Curran, Commissioner, Montgomery County, 451 West Third Street, Dayton, Ohio 45422	October 15, 2002	390775
Warren (01-05-1645P)	Unincorporated Areas	July 3, 2002; July 10, 2002; The Western Star	Mr. C. Michael Kilburn, President, Warren County Board of Commissioners, 406 Justice Drive, Lebanon, Ohio 45036	October 9, 2002	390757
Oklahoma:
Oklahoma (02-06-281P)	City of Edmond	July 16, 2002; July 23, 2002; The Edmond Sun	The Honorable Saundra Naifeh, Mayor, City of Edmond, P.O. Box 2970, Edmond, OK 73083	July 2, 2002	400252
McClain, Oklahoma, Canadian, Cleveland, and Pottawatomie (01-06-1912P)	City of Oklahoma City	July 24, 2002; July 31, 2002; The Daily Oklahoman	The Honorable Kirk Humphreys, Mayor, City of Oklahoma City, 200 North Walker, Suite 302, Oklahoma City, Oklahoma 73102	October 30, 2002	405378
Texas:
Denton (02-06-525P)	Town of Corinth	July 16, 2002; July 23, 2002; Denton Record Chronicle	The Honorable J.B. Troutman, Mayor, Town of Corinth, 2002 South Corinth Street, Corinth, Texas 76210	October 22, 2002	481143
Tarrant (02-06-453P)	City of Fort Worth	July 19, 2002; July 26, 2002; Fort Worth Star-Telegram	The Honorable Kenneth Barr, Mayor, City of Fort Worth, City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102-6311	October 25, 2002	480596
Dallas (02-06-1535P)	City of Garland	July 18, 2002; July 25, 2002; Garland Morning News	The Honorable Jim Spence, Mayor, City of Garland, P.O. Box 469002, Garland, Texas 75046	June 28, 2002	458471
Harrison and Gregg (02-06-1946P)	City of Longview	July 11, 2002; July 18, 2002; Longview News Journal	The Honorable Earl Roberts, Mayor, City of Longview, P.O. Box 1952, Longview, Texas 75606-1952	October 17, 2002	480264
Bexar (02-06-1320P)	City of San Antonio	July 11, 2002; July 18, 2002; San Antonino Express-News	The Honorable Ed Garza, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, Texas 78282-3966	October 17, 2002	480045
Bexar (02-06-252P)	City of San Antonio	July 19, 2002; July 26, 2002; San Antonio Express-News	The Honorable Ed Garza, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, Texas 78283-3966	October 25, 2002	480045
Tarrant (02-06-453P)	Unincorporated Areas	July 19, 2002; July 26, 2002; Fort Worth Star Telegram	The Honorable Tom Vandergriff, Judge, Tarrant County, 100 East Weatherford Street, Fort Worth, Texas 76196-0101	October 25, 2002	480582
Bexar (01-06-1218P)	City of Universal City	July 11, 2002; July 18, 2002; Primetime Newspapers	The Honorable Wesley D. Becken, Mayor, City of Universal City, P.O. Box 3008, Universal City, Texas 78148	October 17, 2002	480049

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

Dated: August 9, 2002.

Anthony S. Lowe,

Administrator, Federal Insurance and Mitigation Administration.