[Federal Register Volume 60, Number 64 (Tuesday, April 4, 1995)]
[Rules and Regulations]
[Pages 17011-17012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8179]



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FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 65

[Docket No. FEMA-7129]


Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Interim rule.

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SUMMARY: This interim rule lists communities where modification of the 
base (100-year) flood elevations is appropriate because of new 
scientific or technical data. New flood insurance premium rates will be 
calculated from the modified base (100-year) flood elevations for new 
buildings and their contents.

DATES: These modified base flood elevations are currently in effect on 
the dates listed in the table and revise the Flood Insurance Rate 
Map(s) (FIRMs) 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 Associate Director 
reconsider the changes. The modified elevations may be changed during 
the 90-day period.

ADDRESSES: The modified base flood elevations 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: Michael K. Buckley, P.E., Chief, 
Hazard Identification Branch, Mitigation Directorate, 500 C Street, 
SW., Washington, DC 20472, (202) 646-2756.

SUPPLEMENTARY INFORMATION: The modified base (100-year) flood 
elevations 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 upon 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 base (100-year) flood elevations 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.
    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 base flood elevations 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 Associate Director, Mitigation 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 National Flood Insurance Program. 
No regulatory flexibility analysis has been prepared. [[Page 17012]] 

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:

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                                                            Dates and name of newspaper     Chief executive officer of     Effective date of   Community
       State and county                Location             where notice was published               community               modification         No.   
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Connecticut: Hartford County.  Town of Berlin..........  Feb. 6, 1995, Feb. 13, 1995, The  The Honorable Robert J.       Jan. 30, 1995.......   090022 D
                                                          Herald.                           Peters, Mayor of the Town                                   
                                                                                            of Berlin, 240 Kensington                                   
                                                                                            Road, Berlin, Connecticut                                   
                                                                                            06037.                                                      
Tennessee: Shelby County.....  Unincorporated Areas....  Jan. 27, 1995, Feb. 3, 1995,      Mr. James Kelly, Shelby       Jan. 20, 1995.......   470214 E
                                                          Daily News.                       County Chief Administrative                                 
                                                                                            Officer, 160 North Main                                     
                                                                                            Street, Suite 850, Memphis,                                 
                                                                                            Tennessee 38103.                                            
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance.'')

    Dated: March 28, 1995.
Richard T. Moore,
Associate Director for Mitigation.
[FR Doc. 95-8179 Filed 4-3-95; 8:45 am]
BILLING CODE 6718-03-P