Changes in Flood Elevation Determinations

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

[Federal Register: July 1, 2003 (Volume 68, Number 126)]
[Rules and Regulations]
[Page 39021-39023]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jy03-11]

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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 65
[Docket No. FEMA-P-7624]

AGENCY: Federal Emergency Management Agency, Emergency Preparedness and
Response Directorate, Department of Homeland Security.
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 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: Mary Jean Pajak, Federal Emergency
Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-
2831.

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 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:

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Dates and name of
State and county Location newspaper where notice Chief executive officer of Effective date of Community
was published community modification number
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California: Alameda (Case No. 02-09- City of Hayward...... February 21, 2003, The Honorable Roberta Cooper, February 10, 2003.... 065033
542P). February 28, 2003, The Mayor, City of Hayward, 777 B
Daily Review. Street, Hayward, California
94541.
Illinois: Will (Case No. 02-05- Village of April 10, 2003, April The Honorable Roger Claar, July 17, 2003........ 170812
3078P). Bolingbrook. 17, 2003, The Mayor, Village of
Bolingbrook Sun. Bolingbrook, 375 West
Briarcliff Road, Bolingbrook,
Illinois 60440.
Iowa: Johnson (Case No. 02-07-356P) City of Iowa City.... April 11, 2003, April The Honorable Ernest W. July 18, 2003........ 190171
18, 2003, Iowa City Lehman, Mayor, City of Iowa
Press-Citizen. City, 410 East Washington
Street, Iowa City, Iowa 52240.

[[Page 39022]]

Kansas: Crawford (Case No. 02-07- City of Pittsburg.... February 21, 2003, The Honorable Allen Gill, February 10, 2003.... 200072
785P). February 28, 2003, The Mayor, City of Pittsburg, 201
Morning Sun. West 4th Street, Pittsburg,
Kansas 66762.
Michigan: Macomb (Case No. 02-05- Township of Macomb... March 20, 2003, March Mr. John D. Brennan, Township June 26, 2003........ 260445
1637P). 27, 2003, The Macomb Supervisor, 54111 Broughton
Daily. Road, Macomb, Michigan 48042.
Ohio: Montgomery (Case No. 02-05- City of Vandalia..... March 5, 2003, March 12, The Honorable Bill Loy, Mayor, February 21, 2003.... 390418
3230P). 2003, Dayton Daily News. City of Vandalia, 333 James
Bohanon Drive, Vandalia, Ohio
45377.
Oklahoma: Oklahoma, Canadian, City of Oklahoma City March 20, 2003, March The Honorable Kirk Humphreys, February 25, 2003.... 405378
Cleveland, McClain, Pottawatomie 27, 2003, The Daily Mayor, City of Oklahoma City,
(Case No. 03-06-693P). Oklahoman. 200 North Walker, 3rd Floor,
Oklahoma City, Oklahoma 73102.
Oklahoma: Oklahoma, Canadian, City of Oklahoma City March 20, 2003, March The Honorable Kirk Humphreys, February 26, 2003.... 405378
Cleveland, McClain, Pottawatomie 27, 2003, The Daily Mayor, City of Oklahoma City,
(Case No. 03-06-696P). Oklahoman. 200 North Walker, 3rd Floor,
Oklahoma City, Oklahoma 73102.
Texas: Collin (Case No. 03-06-436P) City of Allen........ April 3, 2003, April 10, The Honorable Steve Terrell, March 19, 2003....... 480131
2003, The Allen Mayor, City of Allen, One
American. Allen Civic Plaza, Allen,
Texas 75013.
Texas: Dallas (Case No. 02-06- City of Dallas....... April 3, 2003, April 10, The Honorable Laura Miller, March 13, 2003....... 480171
1259P). 2003, Dallas Morning Mayor, City of Dallas, 1500
News. Marilla Street, City Hall,
Dallas, Texas 75201.
Texas: Dallas (Case No. 02-06- City of Farmers February 21, 2003, The Honorable Bob Phelps, February 7, 2003..... 480174
2308P). Branch. February 28, 2003, Mayor, City of Farmers
Northwest Morning News. Branch, P.O. Box 819010,
Farmers Branch, Texas 75234.
Texas: Dallas (Case No. 02-06- City of Garland...... April 3, 2003, April 10, The Honorable Bob Day, Mayor, March 13, 2003....... 485471
1259P). 2003, Garland Morning City of Garland, P.O. Box
News. 469002, Garland, Texas 75046.
Texas: Tarrant (Case No. 02-06- City of Hurst........ February 21, 2003, The Honorable William D. January 31, 2003..... 480601
2049P). February 28, 2003, The Souder, Mayor, City of Hurst,
Star Telegram. 1505 Precinct Line Road,
Hurst, Texas 76054.
Texas: Williamson (Case No. 02-06- City of Leander...... April 16, 2003, April The Honorable Larry Barnett, March 13, 2003....... 481536
938P). 23, 2003, Hill Country Mayor, City of Leander, P.O.
News. Box 319, Leander, TX 78646.
Texas: Dallas (Case No. 02-06- City of Mesquite..... April 3, 2003, April 10, The Honorable Mike Anderson, March 13, 2003....... 485490
1259P). 2003, Mesquite Morning Mayor, City of Mesquite, P.O.
News. Box 850137, Mesquite, Texas
75185.
Texas: Bexar (Case No. 02-06-1684P) City of Selma........ April 17, 2003, April The Honorable Jim Parma, March 21, 2003....... 480046
24, 2003, The Herald. Mayor, City of Selma, 9375
Corporate Drive, Selma, Texas
78154.
Texas: Bexar, Comal, Guadalupe City of Schertz...... April 17, 2003, April The Honorable Hal Baldwin, March 21, 2003....... 480269
(Case No. 02-06-1684P). 24, 2003, The Herald. Mayor, City of Schertz,
Drawer 1, Schertz, Texas
78154.
Texas: Bexar, Comal, Guadalupe City of Schertz,..... February 13, 2003, The Honorable Hal Baldwin, February 3, 2003..... 480269
(Case No. 02-06-432P). February 20, 2003, The Mayor, City of Schertz, P.O.
Herald. Box Drawer 1, Schertz, Texas
78154.
Texas: Williamson (Case No. 02-06- Unincorporated Areas. April 16, 2003, April The Honorable John C. March 13, 2003....... 481079
938P). 23, 2003, Williamson Doerfler, Judge, Williamson
County Sun. County, 710 Main Street,
Georgetown, Texas 78626.
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[[Page 39023]]

(Catalog of Federal Domestic Assistance No. 83.100, ``Flood
Insurance'')

Dated: June 24, 2003.
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response
Directorate.
[FR Doc. 03-16543 Filed 6-30-03; 8:45 am]
BILLING CODE 6718-04-P

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Changes in Flood Elevation Determinations

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