Flood elevation determinations: Various States,

[Federal Register: January 14, 2002 (Volume 67, Number 9)]

[Rules and Regulations]

[Page 1610-1611]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr14ja02-5]

FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 65

Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, (FEMA).

ACTION: Final rule.

SUMMARY: Modified Base (1-percent-annual-chance) Flood Elevations (BFEs) are finalized for the communities listed below. These modified elevations will be used to calculate flood insurance premium rates for new buildings and their contents.

EFFECTIVE DATES: The effective dates for these modified BFEs are indicated on the table below and revise the Flood Insurance Rate Maps (FIRMs) in effect for the listed communities prior to this date.

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: Matthew B. Miller, P.E., Chief, Hazards Study Branch, Federal Insurance and Mitigation Administration, 500 C Street, SW., Washington, DC 20472, (202) 646-3461 or (E-mail) matt.miller@fema.gov.

SUPPLEMENTARY INFORMATION: FEMA makes the final determinations listed below of the final determinations of modified BFEs for each community listed. These modified elevations have been published in newspapers of local circulation and ninety (90) days have elapsed since that publication. The Acting Administrator, Federal Insurance and Mitigation Administration, has resolved any appeals resulting from this notification.

The modified BFEs are not listed for each community in this notice. However, this rule includes the address of the Chief Executive Officer of the community where the modified BFE determinations are available for inspection.

The modifications are made pursuant to section 206 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.

These modified BFEs are used to meet the floodplain management requirements of the NFIP and are also used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in these buildings.

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, Federal Insurance and Mitigation Administration, 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 final 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 names of State and county

    Location

    newspaper where Chief executive officer Effective date of modification Community notice was published

    of community

    No.

    Indiana:

    Howard (FEMA Docket No. 7606.. 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.

    Hendricks (FEMA Docket No. Town of Plainfield... June 7, 2001, June Mr. Richard A. Carlucci, Sept. 14, 2001................. 180089 7604).

    14, 2001, Hendricks Town Manager, Town of County Flyer.

    Plainfield, 206 West Main Street, Plainfield, Indiana 46268-0065.

    [[Page 1611]]

    Marion (FEMA Docket No. 7604). City of Indianapolis. June 14, 2001, June The Honorable Barthen Sept. 21, 2001................. 180159 21, 2001,

    Peterson, Mayor, City of Indianapolis Star. Indianapolis, 200 East Washington Street, Suite 2501, Indianapolis, Indiana 46204. Kansas:

    Johnson (FEMA Docket No. 7604) City of Lenexa....... June 19, 2001, June The Honorable Joan

    May 31, 2001................... 200168 26, 2001, Legal Bouman, Mayor, City of Record.

    Lenexa, 12350 W. 87th Street Parkway, Lenexa, Kansas 66215.

    Johnson (FEMA Docket No. 7604) City of Shawnee...... June 21, 2001, June The Honorable Jim Allen, May 31, 2001................... 200177 28, 2001, Journal Mayor, City of Shawnee, Herald.

    11110 Johnson Drive, Shawnee, Kansas 66203. Nebraska: Lancaster (FEMA Docket City of Lincoln...... April 19, 2001, The Honorable Don Wesely, March 13, 2001................. 315273 No. 7606).

    April 26, 2001

    Mayor, City of Lincoln, Lincoln Journal 555 South 10th Street, Star.

    Room 208, Lincoln, Nebraska 68508. Ohio: Summit (FEMA Docket No. City of Twinsburg.... August 9, 2001, The Honorable K. A.

    November 15, 2001.............. 390534 7606).

    August 16, 2001, Procop, Mayor, City of Twinsburg Bulletin. Twinsburg, 10075 Ravenna Road, Twinsburg, Ohio 44087. Oklahoma: Jefferson (FEMA Docket City of Waurika...... July 5, 2001, July The Honorable Biff Eck, October 11, 2001............... 400076 No. 7606).

    12, 2001, Waurika Mayor, City of Waurika, News-Democrat.

    122 South Main, Waurika, Oklahoma 73573. Texas:

    Hidalgo (FEMA Docket No. 7604) City of Edinburg..... May 24, 2001, May The Honorable Joe Ochoa, May 14, 2001................... 480338 31, 2001, Edinburg Mayor, City of Edinburg, Daily Review.

    P.O. Box 1079, Edinburg, Texas 78540. Hidalgo (FEMA Docket No. Unincorporated Areas. May 24, 2001, May The Honorable Jose E. May 17, 2001................... 480334 7604).

    31, 2001, Monitor. Pulido, Hidalgo County Judge, P.O. Box 1356, Edinburg, Texas 78540.

    Denton (FEMA Docket No. 7606). Town of Little Elm... July 12, 2001, July The Honorable Jim Pelley, October 18, 2001............... 481152 19, 2001, Denton Mayor, Town of Little Record-Chronicle. Elm, P.O. Box 129, Little Elm, Texas 75068.

    (Catalog of Federal Domestic Assistance No. 83.100, ``Flood Insurance'')

    Dated: January 8, 2002. Robert F. Shea, Acting Administrator, Federal Insurance and Mitigation Administration.

    [FR Doc. 02-802Filed1-11-02; 8:45 am]

    BILLING CODE 6718-04-P

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