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FEDERAL EMERGENCY MANAGEMENT AGENCY

Federal Emergency Management Agency

CFR Citation: 44 CFR Part 65

Docket ID: [Docket No. FEMA-P-7606]

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 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.
[[Page 53116]]

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.

Sec. 65.4 [Amended]

2. The tables published under the authority of Sec. 65.4 are amended as follows:
Dates and name of State and county Location newspaper where Chief executive officer Effective date of Community No. notice was published of community modification Arkansas: Pope.................... City of Russellville. August 21, 2001, The Honorable Raye Turner, July 30, 2001........ 050178 August 28, 2001, The Mayor, City of Courier. Russellville, P. O. Box 428, Russellville, Arkansas 72801. Illinois:

Lake.......................... Village of Lake August 16, 2001, The Honorable James July 18, 2001........ 170376 Zurich. August 23, 2001, Krischke, Mayor, Village Lake Zurich Courier. of Lake Zurich, 70 East Main Street, Lake Zurich, Illinois 60047.

Will.......................... Unincorporated Areas. July 24, 2001, July Mr. Joseph L. Mikan, October 30, 2001..... 170695 31, 2001, The County Executive, Will Chicago SunTimes. County, 302 North Chicago Street, Joliet, Illinois 60432. Indiana: Howard................... Unincorporated Areas. July 20, 2001, July Mr. John Harbaugh, June 27, 2001........ 180414 27, 2001, Kokomo President, Howard County, Tribune. Board of Commissioners, 230 North Main, Kokomo, Indiana 46901. Iowa: Black Hawk.................. City of Cedar Falls.. July 24, 2001, July The Honorable Jon Crews, June 22, 2001........ 190017 31, 2001, Waterloo Mayor, City of Cedar Cedar Falls Courier. Falls, 220 Clay Street, Cedar Falls, Iowa 50613. Missouri: Marion.................. Unincorporated Areas. August 1, 2001, Mr. Lyndon Bode, Presiding July 9, 2001......... 290222 August 8, 2001, Commissioner, Marion Palmyra Spectator. County, 100 South Main Street, Palmyra, Missouri 63461. Nebraska: Lancaster............... City of Lincoln...... April 19, 2001, April The Honorable Don Wesely, March 13, 2001....... 315273 26, 2001, Lincoln Mayor, City of Lincoln, Journal Star. 555 South 10th Street, Room 208, Lincoln, Nebraska 68508. Ohio: Summit...................... City of Twinsburg.... August 9, 2001, The Honorable Katherine November 15, 2001.... 390534 August 16, 2001, The Procop, Mayor, City of Twinsburg Bulletin. Twinsburg, 10075 Ravenna Road, Twinsburg, Ohio 44087. Oklahoma: Jefferson............... City of Waurika...... July 5, 2001, July The Honorable Biff Eck, October 11, 2001..... 400076 12, 2001, Waurika Mayor, City of Waurika, NewsDemocrat. 122 South Main, Waurika, Oklahoma 73573. Texas:

Tarrant....................... City of Haltom City.. July 24, 2001, July Mr. Joel A. Guerrero, October 30, 2001..... 480599 31, 2001, Fort Worth Floodplain Administrator, StarTelegram. City of Haltom City, 5024 Broadway Avenue, Haltom City, Texas 76117.

Harris........................ Unincorporated Areas. August 16, 2001, The Honorable Robert November 22, 2001.... 480287 August 23, 2001, Eckels, Harris County Houston Chronicle. Judge, 1001 Preston Street, Suite 911, Houston, Texas 77002.

Harris........................ Unincorporated Areas. August 21, 2001, The Honorable Robert November 27, 2001.... 480287 August 28, 2001, Eckels, Harris County Houston Chronicle. Judge, 1001 Preston Street, Suite 911, Houston, Texas 77002.

Harris........................ City of Houston...... August 21, 2001, The Honorable Lee P. November 27, 2001.... 480296 August 28, 2001, Brown, Mayor, City of Houston Chronicle. Houston, P. O. Box 1562, Houston, Texas 772511562.

Denton........................ Town of Little Elm... July 12, 2001, July The Honorable Jim Pelley, October 18, 2001..... 481152 19, 2001, Deonton Mayor, Town of Little RecordChronicle. Elm, P. O. Box 129, Little Elm, Texas 75068.

Tarrant....................... City of North July 24, 2001, July The Honorable Charles October 30, 2001..... 480607 Richland Hills. 31, 2001, Fort Worth Scoma, Mayor, City of StarTelegram. North Richland Hills, P. O. Box 820609, North Richland Hills, Texas 76182.

Tarrant....................... City of North August 23, 2001, The Honorable Charles July 31, 2001........ 480607 Richland Hills. August 30, 2001, Scoma, Mayor, City of Fort Worth Star North Richland Hills, P. Telegram. O. Box 820609, North Richland Hills, Texas 76182. [[Page 53117]]

Tarrant....................... City of Richland July 24, 2001, July Mr. John W. Cherry, P.E., October 30, 2001..... 480608 Hills. 31, 2001, Fort Worth Director, Dept. of Public StarTelegram. Works, City of Richland Hills, 6700 Rena Drive, Richland Hills, Texas 76118.

Tarrant....................... City of Southlake.... August 3, 2001, The Honorable Rick Stacy, November 9, 2001..... 480612 August 10, 2001, Mayor, City of Southlake, Fort Worth Star 1400 Main Street, Suite Telegram. 270, Southlake, Texas 76092.

Harris........................ City of Tomball...... July 25, 2001, August The Honorable Hap October 31, 2001..... 480315 1, 2001, Tomball Harrington, Mayor, City Magnolia Tribune. of Tomball, 401 West Market Street, Tomball, Texas 773754645. (Catalog of Federal Domestic Assistance No. 83.100, ``Flood Insurance'')

Dated: October 3, 2001.
Robert F. Shea,
Acting Administrator, Federal Insurance and Mitigation Administration. [FR Doc. 0126425 Filed 101801; 8:45 am] BILLING CODE 671804P

FOR FURTHER INFORMATION CONTACT Matthew B. Miller, P.E., Chief, Hazards Study Branch, Hazard Mapping and Risk Assessment Division, FEMA, 500 C Street, SW., Washington, DC 20472, (202) 6463461 or (e mail) matt.miller@fema.gov.