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FEDERAL EMERGENCY MANAGEMENT AGENCY

Federal Emergency Management Agency

CFR Citation: 44 CFR Part 65

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 90 days in which to request through the community that the 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 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:
Dates and name of State and county Location newspaper where Chief executive officer of Effective date of Community no. notice was published community modification Illinois: Lake and Cook (Case No. Village of Deerfield. September 19, 2002, The Honorable Steven B. September 6, 2002.... 170361 02052130P). September 23, 2002, Harris, Mayor, Village of Deerfield Review. Deerfield, Village Hall, 850 Waukegan Road, Deerfield, IL 60015. Indiana: Hamilton (Case No. 0205 Town of Westfield.... October 22, 2002, Mr. Michael McDonald, Town September 24, 2002... 180083 2995P). October 29, 2002, Council President, Town The Noblesville of Westfield, 130 Penn Ledger. Street, Westfield, IN 46074. Kansas: Johnson (Case No. 0207 City of Lenexa....... October 22, 2002, The Honorable Joan Bowman, September 19, 2002... 200168 1010P. October 29, 2002, Mayor, City of Lenexa, The Legal Record. 12350 W. 87th Street Parkway, Lenexa, KS 66215. Kansas: Harvey (Case No. 0207 City of Newton....... September 20, 2002, The Honorable Marjorie September 10, 2002... 200133 1008P). September 27, 2002, Roberson, Mayor, City of The Newton Kansan. Newton, 201 E. 6th Street, Newton, KS 67114. Kansas: Johnson (Case No. 0207 City of Shawnee...... October 24, 2002, The Honorable Jim Allen, September 19, 2002... 200177 1010P). October 31, 2002, Mayor, City of Shawnee, The Journal Herald. 11110 Johnson Drive, Shawnee, KS 66203. Michigan; Wayne (Case No. 0105 Charter Township of September 11, 2002, Mr. W. Curt Boller, December 11, 2002.... 260218 3983P). Brownstown. September 18, 2002, Supervisor, Brownstown The NewsHerald. Township, 21313 Telegraph Road, Brownstown Township, MI 48183. Minnesota: Dakota (Case No. 0205 City of Burnsville... October 24, 2002, The Honorable Elizabeth September 30, 2002... 270102 1843P). October 31, 2002, Kautz, Mayor, City of Dakota County Burnsville, 100 Civic Tribune. Center Parkway, Burnsville, MN 55337. Missouri: Greene (Case No. 0007 Unincorporated Areas. October 9, 2002, The Honorable David L. January 15, 2003..... 290782 676P). October 16, 2002, Coonrod, Presiding Springfield News Commissioner, County of Leader. Greene, 940 Boonville Avenue, Springfield, MO 65802. [[Page 70698]]
Missouri: Jasper and Newton (Case City of Joplin....... October 4, 2002, The Honorable Richard H. January 10, 2003..... 290183 No. 0107831P). October 11, 2002, Russell, Mayor, City of The Joplin Globe. Joplin, 1710 East 32nd Street, Joplin, MO 64804. Texas: Bexar (Case No. 0206 Unincorporated Areas. September 23, 2002, The Honorable Cyndi Taylor October 14, 2002..... 480035 1263P). September 30, 2002, Krief, Judge, Bexar San Antonio Express County, 100 Dolorosa, News. Suite 101, San Antonio, TX 78205. Texas: Dallas (Case No. 0106 City of Dallas....... September 13, 2002, The Honorable Laura December 20, 2002.... 480171 1163P). September 20, 2002, Miller, Mayor, City of Dallas Morning News. Dallas, 1500 Marilla Street, City Hall, Dallas, TX 75201. Texas: Fort Bend (Case No. 0206 Unincorporated Areas. September 4, 2002, The Honorable James C. August 22, 2002...... 480228 266P). September 11, 2002, Adolpus, Judge, Fort Bend Fort Bend Star. County, 301 Jackson Street, Suite 719, Richmond, TX 77469. Texas: Tarrant (Case No. 0206 City of Fort Worth... September 13, 2002, The Honorable Kenneth August 30, 2002...... 480596 064P). September 20, 2002, Barr, Mayor, City of Fort Fort Worth Star Worth, City Hall, 1000 Telegram. Throckmorton Street, Forth Worth, TX 76102. Texas: Tarrant (Case No. 0206 City of Fort Worth... September 26, 2002, The Honorable Kenneth January 2, 2003...... 480596 1073P). October 3, 2002, Barr, Mayor, City of Fort Forth Worth Star Worth, 1000 Throckmorton Telegram. Street, Forth Worth, TX 76102. Texas: Dallas (Case No. 0206 City of Irving....... September 5, 2002, The Honorable Joe Putnam, August 19, 2002...... 480180 1091P). September 12, 2002, Mayor, City of Irving, The Irving Morning P.O. Box 152288, Irving, News. TX 75015. Texas: Dallas (Case No. 0206 City of Irving....... September, 12, 2002, The Honorable Joe Putnam, December 19, 2002.... 480180 384P). September 19, 2002, Mayor, City of Irving, The Irving Morning P.O. Box 15228, Irving, News. TX 75015. Texas: Dallas (Case No. 0106 City of Lancaster.... October 24, 2002, The Honorable Joe January 27, 2003..... 480182 1088P). October 31, 2002, Tillotson, Mayor, City of Lancaster Today. Lancaster, P.O. Box 940, Lancaster, TX 75146. Texas: Denton (Case No. 0206 City of Lewisville... September 25, 2002, The Honorable Gene Carey, September 12, 2002... 480195 731P). October 2, 2002, Mayor, City of Denton County Lewisville, P.O. Box Morning News. 299002, Lewisville, TX 75029. Texas: Montgomery (Case No. 0106 City of Magnolia..... September 11, 2002, The Honorable Frank M. August 30, 2002...... 481261 1444P). September 18, 2002, Parker III, Mayor, City Magnolia Potpourri. of Magnolia, P.O. Box 996, Magnolia, TX 77355. Texas: Fort Bend (Case No. 0206 City of Missouri City September 5, 2002, The Honorable Allen Owen, August 22, 2002...... 480304 266P). September 12, 2002, Mayor, City of Missouri Fort Bend Mirror. City, P.O. Box 666, Missouri City, TX 77459. Texas: Montgomery (Case No. 0106 Unincorporated Areas. September 11, 2002, The Honorable Alan B. August 30, 2002...... 480483 1444P). September 18, 2002, Sadler, Judge, Montgomery The Courier. County, 301 North Thompson Street, Suite 210, Conroe, TX 77301. Texas: Bexar (Case No. 0206 City of San Antonio.. September 23, 2002, The Honorable Ed Garza, September 13, 2002... 480045 1263P). September 30, 2002, Mayor, City of San San Antonio Express Antonio, P.O. Box 839966, News. San Antonio, TX 78283. Texas: Bexar (Case No. 0206 City of San Antonio.. October 15, 2002, The Honorable Ed Garza, January 21, 2003..... 480045 2309P). October 22, 2002, Mayor, City of San San Antonio Express Antonio, P.O. Box 839966, News. San Antonio, TX 78283. Texas: Bexar (Case No. 0206 City of San Antonio.. October 23, 2002, The Honorable Ed Garza, January 29, 2003..... 480045 1679P). October 30, 2002, Mayor, City of San San Antonio Express Antonio, P.O. Box 839966, News. San Antonio, TX 78283. Texas: Bexar (Case No. 02062309) City of Shavano Park. October 15, 2002, The Honorable Tommy January 21, 2003..... 480047 October 22, 2002, Peyton, Mayor, City of San Antonio Express Shavano Park, City Hall, News. 99 Saddletree Road, San Antonio, TX 78231. Texas: Tarrant (Case No. 0206 City of Southlake.... September 12, 2002, The Honorable Rick Stacy, December 19, 2002.... 480612 1098P). September 19, 2002, Mayor, City of Southlake, Fort Worth Star 1400 Main Street, Telegram. Southlake, TX 76092. Texas: Fort Bend (Case No. 0206 City of Sugar Land... September 4, 2002, The Honorable David G. August 22, 2002...... 480234 266P). September 11, 2002, Wallace, Mayor, City of Fort Bend Star. Sugar Land, P.O. Box 110, Sugar Land, TX 774870110. [[Page 70699]]
(Catalog of Federal Domestic Assistance No. 83.100, ``Flood Insurance.'')

Dated: November 13, 2002.
Anthony S. Lowe,
Administrator, , Federal Insurance and Mitigation Administration. [FR Doc. 0229964 Filed 112502; 8:45 am]
BILLING CODE 671804P

FOR FURTHER INFORMATION CONTACT Matthew B. Miller, Chief, Hazards Study Branch, Federal Insurance and Mitigation Administration, 500 C Street, SW., Washington, DC 20472, (202) 6463461 or (email) matt.miller@fema.gov.