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FEDERAL EMERGENCY MANAGEMENT AGENCY

Federal Emergency Management Agency

CFR Citation: 44 CFR Part 65

Docket ID: [Docket No. FEMA-P-7604]

NOTICE: RULES

ACTION: Flood elevation determinations:

DOCUMENT ACTION: Interim rule.

SUBJECT CATEGORY: Changes in Flood Elevation Determinations

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 90day period.

DOCUMENT SUMMARY: This interim rule lists communities where modification of the Base (1percentannualchance) 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.

SUMMARY: Various States,

SUPPLEMENTAL 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]]
Dates and name of State and County Location newspaper where Chief executive officer of Effective date of Community number notice was published community modification 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 StarTelegram. North Richland Hills, P.O. Box 820609, North Richland Hills, Texas 76182. (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. 0120725 Filed 81601; 8:45 am] BILLING CODE 671804P

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) 6463461 or (e mail) matt.miller@fema.gov.