Changes in Flood Elevation Determinations

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: August 17, 2001 (Volume 66, Number 160)]
[Rules and Regulations]
[Page 43094-43095]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17au01-18]

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FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 65
[Docket No. FEMA-P-7604]

AGENCY: Federal Emergency Management Agency, (FEMA).
ACTION: Interim rule.

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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, Hazards, Mapping and Risk Assessment Division,
FEMA, 500 C Street, SW., Washington, DC 20472, (202) 646-3461 or (e-
mail) matt.miller@fema.gov.

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 Administration and
Mitigation 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.

Sec. 65.4 [Amended]

2. The tables published under the authority of Sec. 65.4 are
amended as follows:

[[Page 43095]]

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Dates and name of
State and County Location newspaper where Chief executive officer of Effective date of Community number
notice was published community modification
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Indiana:
Marion........................ City of Indianapolis. June 14, 2001, June The Honorable Barthen September 21, 2001... 180159
21, 2001, The Peterson, Mayor, City of
Indianapolis Star. Indianapolis, 200 East
Washington Street, Suite
2501, Indianapolis,
Indiana 46204.
Hendricks..................... Town of Plainfield... June 7, 2001, June Mr. Richard A. Carlucci, September 14, 2001... 180089
14, 2001, The Town Manager, Town of
Hendricks County Plainfield, 206 West Main
Flyer. Street, Plainfield,
Indiana 46268.
Kansas:
Johnson....................... City of Lenexa....... June 19, 2001, June The Honorable Joan Bouman, May 31, 2001......... 200168
26, 2001, The Legal Mayor, City of Lenexa,
Record. 12350 W. 87th Street
Parkway, Lenexa, Kansas
66215.
Johnson....................... City of Shawnee...... June 21, 2001, June The Honorable Jim Allen, May 31, 2001......... 200177
28, 2001, The Mayor, City of Shawnee,
Journal Herald. 11110 Johnson Drive,
Shawnee, Kansas 66203.
Texas:
Harris........................ Unincorporated Areas. May 18, 2001, May 25, The Honorable Robert August 9, 2001....... 480287
2001, Houston Eckles, Harris County
Chronicle. Judge, 1001 Preston
Street, Suite 911,
Houston, Texas 77002.
Hidalgo....................... City of Edinburg..... May 24, 2001, May 31, The Honorable Joe Ochoa, May 14, 2001......... 480338
2001, Edinburg Daily Mayor, City of Edinburg,
Review. P.O. Box 1079, Edinburg,
Texas 78540.
Hidalgo....................... Unicorporated Areas.. May 24, 2001, May 31, The Honorable Jose Eloy May 17, 2001......... 480334
2001, The Monitor. Pulido, Hidalgo County
Judge, P.O. Box 1356,
Edinburg, Texas 78540.
Tarrant....................... City of North June 22, 2001, June The Honorable Charles June 12, 2001........ 480607
Richland Hills. 29, 2001, Fort Worth Scoma, Mayor, City of
Star-Telegram. North Richland Hills,
P.O. Box 820609, North
Richland Hills, Texas
76182.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood
Insurance.'')

Dated: August 10, 2001.
Robert F. Shea,
Acting Administrator, Federal Insurance and Mitigation Administration.
[FR Doc. 01-20725 Filed 8-16-01; 8:45 am]
BILLING CODE 6718-04-P

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Changes in Flood Elevation Determinations

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