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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

CFR Citation: 44 CFR Part 65

Docket ID: [Docket No. FEMA-P-7630]

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 Mitigation Division Director of the Emergency Preparedness and Response Directorate reconsider the changes. The modified BFEs may be changed during the 90 day period.

DOCUMENT SUMMARY: This interim rule lists communities where modification of the Base (1% annualchance) 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 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 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:
[[Page 69960]]
Dates and name of State and county Location newspaper where Chief executive officer Effective date of Community notice was published of community modification No. Arkansas:

Washington (Case No. 0306 Unincorporated Areas. October 7, 2003, The Honorable Jerry Jan. 13, 2004................. 050212 1948P). October 14, 2003, Hunton, Judge, Northwest Arkansas Washington County, 280 Times. North College Avenue, Suite 500, Fayetteville, AR 72701.

Washington (Case No. 0306 City of Fayetteville. October 7, 2003, The Honorable Dan Coody, Jan. 13, 2004................. 050216 1948P). October 14, 2003, Mayor, City of Northwest Arkansas Fayetteville, 113 West Times. Mountain Street, Fayetteville, AR 72701. Illinois: Kendall (Case No. 0305 Village of Oswego.... October 23, 2003, Mr. Craig Weber, Oct. 6, 2003.................. 170345 0545P). October 30, 2003, President, Village of The LedgerSentinel. Oswego, 113 Main Street, Oswego, IL 60543. Indiana:

Lake (Case No. 03055175P)... Town of Griffith..... October 23, 2003, The Honorable Stanley Jan. 29, 2004................. 185175 October 30, 2003, Dobosz, Town Council The Times. President, Town of Griffith, 111 North Broad Street, Griffith, IN 46319.

Lake (Case No. 03055174P)... Town of Highland..... October 23, 2003, The Honorable Mark Herak, Jan. 29, 2004................. 185176 October 30, 2003, Town Council President, The Times. Town of Highland, 3333 Ridge Road, Highland, IN 46322.

Lake (Case No. 03053366P)... Unincorporated Areas. October 23, 2003, The Honorable Gerry J. Jan. 29, 2004................. 180126 October 30, 2003, Scheub, President, Lake The Times. County Board of Commissioners, 2293 North Main Street, 3rd Floor, Building A, Crown Point, IN 46307. Louisiana: East Baton Rouge Parish City of Zachary...... October 16, 2003, The Honorable Charlene Sept. 30, 2003................ 220061 (Case No. 0306827P). October 23, 2003, Smith, Mayor, City of The Zachary Zachary, 4700 Main Plainsman. Street, Zachary, LA 70791. Michigan: Macomb (Case No. 0305 City of Fraser....... October 31, 2003, The Honorable Edmund T. Oct. 17, 2003................. 260122 3367P). November 7, 2003, Adamczyk, Mayor, City of The Macomb Daily. Fraser, City Hall, 33000 Garfield Road, Fraser, MI 48026. Minnesota: Carver (Case No. 0205 Unincorporated Areas. October 23, 2003, Mr. David Hemze, Acting Jan. 29, 2004................. 270049 0831P). October 30, 2003, Administrator, Carver The Waconia Patriot. County, Carver County Courthouse, 600 East Fourth Street, Chaska, MN 55318. Missouri: St. Louis (Case No. 03 Unincorporated Areas. October 22, 2003, Mr. Buzz Westfall, St. Jan. 28, 2004................. 290327 07894P). October 29, 2003, St Louis County Executive, Louis Post Dispatch. 41 South Central Avenue, St. Louis, MO 63105. New Mexico:

Bernalillo (Case No. 0306 City of Albuquerque.. October 23, 2003, The Honorable Martin Oct. 9, 2003.................. 350002 1734P). October 30, 2003, Chavez, Mayor, City of Albuquerque Journal. Albuquerque, P.O. Box 1293, Albuquerque, NM 87103.

Bernalillo (Case No. 0306 Unincorporated Areas. September 30, 2003, Mr. Tom Rutherford, Jan. 6, 2004.................. 350001 2528P). October 7, 2003, Chairperson, Bernalillo Albuquerque Journal. County, One Civic Plaza, N.W., Albuquerque, NM 87102. Ohio: Lorain (Case No. 0205 City of Avon Lake.... October 9, 2003, The Honorable Robert Sept. 24, 2003................ 390602 3235P). October 16, 2003, Berner, Mayor, City of The Sun. Avon Lake, 150 Avon Belden Road, Avon Lake, OH 44012. Oklahoma:

Tulsa (Case No. 03061541P).. City of Tulsa........ October 17, 2003, The Honorable Bill Oct. 1, 2003.................. 405381 October 24, 2003, LaFortune, Mayor, City Tulsa World. of Tulsa, City Hall, 200 Civic Center, Tulsa, OK 74103.

Tulsa (Case No. 03061945P).. City of Tulsa........ October 24, 2003, The Honorable Bill Oct. 9, 2003.................. 405381 October 31, 2003, LaFortune, Mayor, City Tulsa World. of Tulsa, City Hall, 200 Civic Center, Tulsa, OK 74103. Texas:

Johnson (Case No. 0306060P). City of Burleson..... October 22, 2003, The Honorable Byron Jan. 28, 2004................. 485459 October 29, 2003, Black, Mayor, City of The Burleson Star. Burleson, 141 West Renfro, Burleson, TX 76028. [[Page 69961]]

Dallas (Case No. 0306435P).. City of Carrollton... October 24, 2003, The Honorable Mark Oct. 7, 2003.................. 480167 October 31, 2003, Stokes, Mayor, City of Northwest Morning Carrollton, 1945 E. News. Jackson Road, Carrollton, TX 75006.

Dallas (Case No. 02062440P). City of Cedar Hill... October 17, 2003, The Honorable Robert Jan. 23, 2004................. 480168 October 24, 2003, Franke, Mayor, City of Dallas Morning News. Cedar Hill, P.O. Box 96, Cedar Hill, TX 75106.

Denton (Case No. 03061926P). Town of Flower Mound. October 29, 2003, The Honorable Lori Oct. 15, 2003................. 480777 November 5, 2003, DeLuca, Mayor, Town of Flower Mound Leader. Flower Mound, 2121 Cross Timbers Road, Flower Mound, TX 75028.

Tarrant (Case No. 02062311P) City of Fort Worth... October 21, 2003, The Honorable Michael J. Oct. 9, 2003.................. 480596 October 28, 2003 The Moncrief, Mayor, City of Star Telegram. Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102 6311.

Tarrant (Case No. 03061376P) City of Fort Worth... October 22, 2003, The Honorable Michael J. Oct. 7, 2003.................. 480596 October 29, 2003, Moncrief, Mayor, City of The Star Telegram. Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102 6311.

Denton (Case No. 0306435P).. City of Hebron....... October 22, 2003, The Honorable Kelly Clem, Oct. 7, 2003.................. 481495 October 29, 2003, Mayor, Town of Hebron, The Carrollton 4216 Charles Street, Leader. Carrollton, TX 75010.

Tarrant (Case No. 0306444P). City of North October 22, 2003, The Honorable T. Oscar Oct. 7, 2003.................. 480607 Richland Hills. October 29, 2003 The Trevino, Jr., Mayor, North East Tarrant City of North Richland County Morning News. Hills, 7301 North East Loop 820, North Richland Hills, TX 76180.

Collin (Case No. 0306407P).. City of Plano........ October 29, 2003, The Honorable Pat Evans, Feb. 4, 2004.................. 480140 November 5, 2003 Mayor, City of Plano, Plano Star Courier. P.O. Box 860358, Plano, TX 750860358.

Hays (Case No. 02061681P)... City of San Marcos... October 17, 2003, The Honorable Robert Sept. 30, 2003................ 485505 October 24, 2003, Habingreither, Mayor, San Marcos Daily City of San Marcos, 630 Record. East Hopkins, San Marcos, TX 78666. (Catalog of Federal Domestic Assistance No. 83.100, ``Flood Insurance'')

Dated: December 9, 2003.
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response Directorate.
[FR Doc. 0330991 Filed 121503; 8:45 am]
BILLING CODE 671804P

FOR FURTHER INFORMATION CONTACT Doug Bellomo, P.E., Hazard Identification Section, Emergency Preparedness and Response Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 6462903.