[Federal Register: December 16, 2003 (Volume 68, Number 241)]
[Rules and Regulations]
[Page 69959-69961]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16de03-11]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 65
[Docket No. FEMA-P-7630]
Changes in Flood Elevation Determinations
AGENCY: Federal Emergency Management Agency, Emergency Preparedness and
Response Directorate, Department of Homeland Security.
ACTION: Interim rule.
-----------------------------------------------------------------------
SUMMARY: This interim rule lists communities where modification of the
Base (1% annual-chance) 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.
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.
ADDRESSES: The modified BFEs for each community are available for
inspection at the office of the Chief Executive Officer of each
community. The respective addresses are listed in the table below.
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) 646-2903.
SUPPLEMENTARY 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.
0
Accordingly, 44 CFR Part 65 is amended to read as follows:
PART 65--[AMENDED]
0
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]
0
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. 03-06- 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. 03-06- 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. 03-05- Village of Oswego.... October 23, 2003, Mr. Craig Weber, Oct. 6, 2003.................. 170345
0545P). October 30, 2003, President, Village of
The Ledger-Sentinel. Oswego, 113 Main Street,
Oswego, IL 60543.
Indiana:
Lake (Case No. 03-05-5175P)... 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. 03-05-5174P)... 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. 03-05-3366P)... 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. 03-06-827P). October 23, 2003, Smith, Mayor, City of
The Zachary Zachary, 4700 Main
Plainsman. Street, Zachary, LA
70791.
Michigan: Macomb (Case No. 03-05- 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. 02-05- 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
07-894P). October 29, 2003, St Louis County Executive,
Louis Post Dispatch. 41 South Central Avenue,
St. Louis, MO 63105.
New Mexico:
Bernalillo (Case No. 03-06- 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. 03-06- 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. 02-05- 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. 03-06-1541P).. 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. 03-06-1945P).. 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. 03-06-060P). 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. 03-06-435P).. 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. 02-06-2440P). 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. 03-06-1926P). 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. 02-06-2311P) 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. 03-06-1376P) 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. 03-06-435P).. 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. 03-06-444P). 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. 03-06-407P).. 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 75086-0358.
Hays (Case No. 02-06-1681P)... 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. 03-30991 Filed 12-15-03; 8:45 am]
BILLING CODE 6718-04-P