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FEDERAL EMERGENCY MANAGEMENT AGENCY

Federal Emergency Management Agency

CFR Citation: 44 CFR Part 65

Docket ID: [Docket No. FEMA-P-7612]

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. 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 48044]]
Dates and name of State and county Location newspaper where Chief executive officer Effective date of modification Community No. notice was published of community Arkansas: Sebastian (01061837P) City of Fort Smith.. June 12, 2002; June The Honorable C. Raymond May 31, 2002.................. 055013 19, 2002; Southwest Baker, Mayor, City of Times Record. Fort Smith, P.O. Box 1908, Fort Smith, AR 72902. Illinois:

Will (02052034P)........... City of Joliet...... June 20, 2002; June The Honorable Arthur September 26, 2002............ 170702 27, 2002; Farmers Schultz, Mayor, City of Weekly Review. Joliet, Municipal Building, 150 West Jefferson Street, Joliet, IL 60432.

Cook (01053763P)........... Village of Palos May 1, 2002; May 8, The Honorable Jean Moran, August 7, 2002................ 170144 Park. 2002; Daily Mayor, Village of Palos Southtown. Park, 8999 West 123rd Street, Palos Park, IL 60464.

Will (02052034P)........... Village of June 19, 2002; June Mr. Richard Rock, Village September 25, 2002............ 170771 Plainfield. 26, 2002; The President, Village of Enterprise. Plainfield, 530 West Lockport Street, Suite 206, Plainfield, IL 60544.

Will (02052034P)........... Unincorporated Areas June 19, 2002; June Mr. Joseph Mikan, County September 24, 2002............ 170695 25, 2002; The Executive, Will County, Herald News. 302 North Chicago Street, Joliet, IL 60432. Michigan: Wayne (01052843P).... Township of Canton.. July 11, 2002; July Mr. Thomas Yack, Township June 14, 2002................. 260219 18, 2002; Michigan Supervisor, Township of Community Canton, 1150 South Newspapers. Canton Center, Canton, MI 48188. Minnesota:

Dakota (01052461P)......... City of Lakeville... May 1, 2002; May 8, Mr. Robert Erickson, August 7, 2002................ 270107 2002; The Lakeville Lakeville City SunCurrent. Administrator, 20195 Holyoke Avenue, Lakeville, MN 55044.

Dakota (02050298P)......... City of Lakeville... May 22, 2002; May Mr. Robert Erickson, August 28, 2002............... 270107 29, 2002; The Lakeville City Lakeville Sun Administrator, 20195 Current. Holyoke Avenue, Lakeville, MN 55044.

Lyon (02051586P)........... City of Marshall.... May 24, 2002; May The Honorable Robert August 30, 2002............... 270258 31, 2002; Marshall Byrnes, Mayor, City of Independent. Marshall, 344 West Main Street, Marshall, MN 56258. Missouri: Howell (0007791P).... City of West Plains. June 21, 2002; June The Honorable Joe Paul December 6, 2002.............. 290166 28, 2002; West Evans, Mayor, City of Plains Daily Quill. West Plains, P.O. Box 710, West Plains, MO 65775. Ohio:

Lorain (02051841P)......... City of Avon Lake... May 23, 2002; May The Honorable Robert August 28, 2002............... 390602 30, 2002; The Sun. Berner, Mayor, City of Avon Lake, 150 Avon Belden Road Avon Lake, OH 44012.

Cuyahoga (0105542P)........ City of Parma May 2, 2002; May 9, The Honorable Paul August 8, 2002................ 390124 Heights. 2002; Parma Sun Cassidy, Mayor, City of Post. Parma Heights, 6281 Pearl Road, Parma Heights, OH 44130.

Franklin and Delaware (0205 City of Westerville. May 22, 2002; May The Honorable Stewart August 28, 2002............... 390179 1465P). 29, 2002; Flaherty, Mayor, City of Westerville News Westerville, 21 South and Public Opinion. State Street, Westerville, OH 43081. Oklahoma:

Tulsa (0106701P)........... City of Bixby....... April 25, 2002; May The Honorable Joe August 1, 2002................ 400207 2, 2002; Bixby Williams, Mayor, City of Bulletin. Bixby, 116 West Needles Street, Bixby, OK 74008.

Oklahoma, Candian, Cleveland, City of Oklahoma.... June 18, 2002; June The Honorable Kirk September 24, 2002............ 405378 McClain, and Pottawatomie 25, 2002; The Daily Humphreys, Mayor, City (01062001P). Oklahoman. of Oklahoma City, 200 North Walker, Suite 302, Oklahoma City, OK 73102. Texas:

Collin (02061539).......... City of Allen....... May 29, 2002; June The Honorable Steve September 4, 2002............. 480131 5, 2002; The Allen Terrell, Mayor, City of American. Allen, One Allen Civic Plaza, Allen, TX 75013.

Collin (0106820P).......... City of Allen....... June 12, 2002; June The Honorable Stephen September 18, 2002............ 480131 19, 2002; The Allen Terrell, Mayor, City of American. Allen, One Allen Civic Plaza, Allen, TX 75013. [[Page 48045]]

Travis (0206826P).......... City of Austin...... April 30, 2002; May The Honorable Kirk P. August 6, 2002................ 480624 7, 2002; Austin Watson, Mayor, City of American Statesman. Austin, 124 West 8th Street, Austin, TX 78701.

Travis (0106338P).......... City of Austin...... May 31, 2002; June The Honorable Gus Garcia, September 6, 2002............. 480624 7, 2002; Austin Mayor, City of Austin, American Statesman. P.O. Box 1088, Austin, TX 78767.

Bexar (0206761P)........... Unincorporated Areas May 9, 2002; May 16, The Honorable Nelson W. August 15, 2002............... 480035 2002; San Antonio Wolff, Judge, Bexar ExpressNews. County, 100 Dolorosa, Suite 120, San Antonio, TX 78205.

Bexar (01061795P).......... Unincorporated Areas May 24, 2002; May The Honorable Nelson W. August 30, 2002............... 480035 31, 2002; San Wolff, County Judge, Antonio Express Bexar County, 100 News. Dolorosa, Suite 120, San Antonia, TX 78205.

Brazos (0206031P).......... City of College May 24, 2002; May The Honorable Lynn August 30, 2002............... 480083 Station. 31, 2002; The Bryan/ McIlhaney, Mayor, City College Station of College Station, P.O. Eagle. Box 9960, College Station, TX 778429960.

Denton (0206276P).......... City of Denton...... May 22, 2002; May The Honorable Euline May 2, 2002................... 480194 29, 2002; Denton Brock, Mayor, City of Record Chronicle. Denton, 215 East McKinney Street, Denton, TX 76201.

Tarrant (0106982P)......... City of Fort Worth.. June 7, 2002; June The Honorable Kenneth September 13, 2002............ 480596 14, 2002; Fort Barr, Mayor, City of Worth Star Telegram. Fort Worth, City Hall 1000 Throckmorton Street, Fort Worth, TX 76102.

Gillespie (00061860P)...... City of May 22, 2002; May The Honorable Tim August 28, 2002............... 480252 Fredericksburg. 29, 2002; Crenweldge, Mayor, City Fredericksburg of Fredericksburg, 126 Standard Radio Post. West Main Street, Fredericksburg, TX 78624 3708.

Dallas (0205151P).......... City of Garland..... May 2, 2002; May 9, The Honorable Jim Spence, August 8, 2002................ 485471 2002; Garland Mayor, City of Garland, Morning News. P.O. Box 469002, Garland, TX 750469002.

Hood (0206198P)............ City of Granbury.... May 30, 2002; June The Honorable David September 5, 2002............. 480357 6, 2002; Hood Southern, Mayor, City of County News. Granbury, P.O. Box 969, Granbury, TX 76048.

Dallas (01061213P)......... City of Glenn May 22, 2002; May The Honorable Mary August 28, 2002............... 481265 Heights. 29, 2002; Focus Coffman, Mayor, City of Daily News. Glenn Heights, 1938 South Hampton, Glenn Heights, TX 75154.

Hidalgo (0206715P)......... Unincorporated Areas June 20, 2002; June The Honorable Jose E. May 30, 2002.................. 480334 27, 2002; The Pulido, County Judge, Monitor. Hidalgo County, 100 E. Cano Street, Edinburg, TX 78539.

Hood (0206198P)............ Unincorporated Areas May 30, 2002; June The Honorable Linda September 5, 2002............. 480356 6, 2002; Hood Steen, Judge, Hood County News. County, 100 East Pearl Street, Granbury, TX 76048.

Tarrant, (01061481P)....... City of Hurst....... May 24, 2002; May The Honorable Bill April 30, 2002................ 480601 31, 2002; Dallas Souder, Mayor, City of Morning News. Hurst, 1505 Precinct Line Road, Hurst, TX 76054.

Gregg and Harrison (0206 City of Longview.... May 10, 2002; May The Honorable Earl August 16, 2002............... 480264 512P). 17, 2002; Longview Roberts, Mayor, City of News Journal. Longview, P.O. Box 1952, 300 West Cotton Street, Longview, TX 75606.

Collin (01061229P)......... City of McKinney.... May 7, 2002; May 14, The Honorable Don Dozier, August 13, 2002............... 480135 2002; McKinney Mayor, City of McKinney, CourierGazette. P.O. Box 517, McKinney, TX 75070.

Montgomery (0206763P)...... Unincorporated Areas May 1, 2002; May 8, The Honorable Alan B. August 7, 2002................ 480483 2002; The Courier. Sadler Judge, Montgomery County, 301 North Thompson Street, Suite 210, Conroe, TX 77301. [[Page 48046]]
(Catalog of Federal Domestic Assistance No. 83.100, ``Flood Insurance.'')

Dated: July 15, 2002.
Robert F. Shea,
Acting Administrator, Federal Insurance and Mitigation Administration. [FR Doc. 0218528 Filed 72202; 8:45 am] BILLING CODE 671804P

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, (202) 6463461 or (email) matt.miller@fema.gov.