Flood elevation determinations: Various States,

[Federal Register: August 27, 2001 (Volume 66, Number 166)]

[Rules and Regulations]

[Page 44984-44985]

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

[DOCID:fr27au01-16]

FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 65

[Docket No. FEMA-B-7419]

Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency (FEMA).

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 each listed community.

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, Federal Insurance and Mitigation Administration reconsider the changes. The modified elevations 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 following table.

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

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 base flood elevation determinations are available for inspection is provided.

Any request for reconsideration must be based on knowledge of changed conditions, or upon 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 elevations, 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, 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 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 44985]]

    Dates and name of State and county

    Location and case No. newspaper where Chief executive officer of Effective date of Community No. notice was published

    community

    modification

    California: San Diego............. City of Oceanside (00- June 15, 2001, June The Honorable Terry

    May 31, 2001......... 060294 09-332P).

    22, 2001, North

    Johnson, Mayor, City of County Times.

    Oceanside, 300 North Coast Highway, Oceanside, California 92054. California: Sonoma................ City of Cloverdale June 13, 2001, June The Honorable Robert Jehn, May 23, 2001......... 060376 (01-09-122P).

    20, 2001, Cloverdale Mayor, City of Reveille.

    Cloverdale, City Hall, P.O. Box 217, Cloverdale, California 95425-0217. California: Shasta................ City of Redding (01- July 13, 2001, July The Honorable Dave

    October 18, 2001..... 060360 09-218P).

    20, 2001, Redding McGeorge, Mayor, City of Record Searchlight. Redding, 777 Cypress Avenue, Redding, California 96001. Colorado: Douglas................. Town of Parker (01-08- July 11, 2001, July The Honorable Gary

    June 22, 2001........ 080310 180P).

    18, 2001, Douglas Lasater, Mayor, Town of County News.

    Parker, 20120 East Main Street, Parker, Colorado 80138. Colorado: Douglas................. Unincorporated Areas July 11, 2001, July The Honorable Melanie June 22, 2001........ 080049 (01-08-180P).

    18, 2001, Douglas Worley, Chairperson, County News.

    Douglas County, Board of Commissioners, 100 Third Street, Castle Rock, Colorado 80104. Kansas: Butler.................... City of Andover (00- July 5, 2001, July The Honorable Dennis L. June 19, 2001........ 200383 07-552P).

    12, 2001, Andover Bush, Mayor, City of Journal Advocate. Andover, P.O. Box 295, Andover, Kansas 67002- 0295. North Carolina: Wake.............. City of Raleigh (01- June 7, 2001, June The Honorable Paul Coble, May 30, 2001......... 370243 04-061P).

    14, 2001, News and Mayor, City of Raleigh, Observer.

    City Hall, P.O. Box 590, Raleigh, North Carolina 27602. Nevada: Clark..................... City of Mesquite (01- May 24, 2001, May 31, The Honorable Charles August 29, 2001...... 320035 09-170P).

    2001, Las Vegas

    Home, Mayor, City of Review-Journal.

    Mesquite, 10 East Mesquite Boulevard, Mesquite, Nevada 89027. Nevada: Clark..................... Unincorporated Areas June 15, 2001, June The Honorable Dario

    September 20, 2001... 320003 (00-09-828P).

    22, 2001, Las Vegas Herrera, Chairman, Clark Review-Journal.

    County, Board of Commissioners, 500 Grand Central Parkway, Las Vegas, Nevada 89155. Oklahoma: Oklahoma................ City of Oklahoma City July 6, 2001, July The Honorable Kirk

    June 20, 2001........ 405378 (00-06-879P).

    13, 2001, Daily

    Humphreys, Mayor, City of Oklahoman.

    Oklahoma City, 200 North Walker, Suite 302, Oklahoma City, Oklahoma 73102. Texas: Collin..................... City of Plano (01-06- July 13, 2001, July The Honorable Jeran Akers, June 20, 2001........ 480140 359P).

    20, 2001, Plano Star Mayor, City of Plano, Courier.

    P.O. Box 860358, Plano, Texas 75086-0358. Texas: Fort Bend.................. City of Missouri City April 19, 2001, April The Honorable Allen Owen, March 23, 2001....... 480304 (00-06-727P).

    26, 2001, Southwest Mayor, City of Missouri Sun.

    City, P.O. Box 666, Missouri City, Texas 77459. Texas: Fort Bend.................. Unincorporated Areas April 19, 2001, April The Honorable James

    March 23, 2001....... 480228 (00-06-727P).

    26, 2001, Southwest Adolphus, Fort Bend Sun.

    County Judge, 301 Jackson Street, Suite 719, Richmond, Texas 77469.

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

    Dated: August 21, 2001. Robert F. Shea, Jr., Acting Administrator, Federal Insurance and Mitigation Administration.

    [FR Doc. 01-21589Filed8-24-01; 8:45 am]

    BILLING CODE 6718-04-P

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