[Federal Register Volume 60, Number 171 (Tuesday, September 5, 1995)]
[Rules and Regulations]
[Pages 46040-46042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21917]



-----------------------------------------------------------------------


FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 65

[Docket No. FEMA-7148]


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 is appropriate because of new 
scientific or technical data. New flood insurance premium rates will be 
calculated from the modified base 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 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 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.

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. 

[[Page 46041]]


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 name of newspaper                                                                 Effective date of                    
      State and county                  Location               where notice was published              Chief executive officer of community                  modification          Community No.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Connecticut: Tolland........  Town of Somers..............  June 30, 1995, July 7, 1995,      Mr. Robert Pereoski, First Selectman of the Town of    June 16, 1995...............  090112       
                                                             Journal Enquirer.                 Somers, Town Hall, P.O. Box 308, Somers, Connecticut                                             
                                                                                               06071.                                                                                           
Maryland: Queen Annes.......  Unincorporated Areas........  June 28, 1995, July 5, 1995, The  Mr. Mark Belton, President of the Queen Annes County   June 22, 1995...............  240054 C     
                                                             Star-Democrat and Bay Times.      Commissioners, 107 North Liberty Street,                                                         
                                                                                               Centreville, Maryland 21617.                                                                     
Minnesota: Hennepin.........  City of Hopkins.............  June 28, 1995, July 5, 1995,      Mr. Steve Mielke, Manager of the City of Hopkins,      Dec. 19, 1995...............  270166 B     
                                                             Hopkins Sun Sailor.               1010 1st Street South, Hopkins, Minnesota 55343.                                                 
Mississippi:                                                                                                                                                                                    
    Madison.................  City of Madison.............  June 8, 1995, June 15, 1995,      The Honorable Mary Hawkins, Mayor of the City of       May 31, 1995................  280229 D     
                                                             Madison County Herald.            Madison, P.O. Box 40, Madison, Mississippi 39138-                                                
                                                                                               0040.                                                                                            
    Madison.................  Unincorporated Areas........  June 8, 1995, June 15, 1995,      Mr. David Richardson, President of the Board of        May 31, 1995................  280228 D     
                                                             Madison County Herald.            Supervisors for Madison County, P.O. Box 404,                                                    
                                                                                               Canton, Mississippi 39046.                                                                       
New Hampshire: Grafton......  Town of Littleton...........  June 14, 1995, June 21, 1995,     Mr. Donald A. Craigie, Chairman of the Board of        June 9, 1995................  330064       
                                                             The Courier.                      Selectmen, 1 Union Street, Littleton, New Hampshire                                              
                                                                                               03561.                                                                                           
South Carolina: Richland....  Unincorporated Areas........  June 16, 1995, June 23, 1995,     Mr. W. Anthony McDonald, Richland County               June 9, 1995................  450170 G     
                                                             The State.                        Administrator, P.O. Box 192, Columbia, South                                                     
                                                                                               Carolina 29202.                                                                                  
Tennessee:                                                                                                                                                                                      
    Shelby..................  City of Memphis.............  June 23, 1995, June 30, 1995,     The Honorable W. W. Herenton, Mayor of the City of     June 15, 1995...............  470177 E     
                                                             The Commercial Appeal.            Memphis, City Hall, Room 200, 125 North Main Street,                                             
                                                                                               Memphis, Tennessee 38103.                                                                        
    Shelby..................  Unincorporated Areas........  June 23, 1995, June 30, 1995,     Mr. Jim Kelly, Shelby County Chief Administrative      June 15, 1995...............  470214 E     
                                                             The Commercial Appeal.            Officer, 160 North Main Street, Memphis, Tennessee                                               
                                                                                               38103.                                                                                           
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 46042]]


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

    Dated: August 28, 1995.
Richard T. Moore,
Associate Director for Mitigation.
[FR Doc. 95-21917 Filed 9-1-95; 8:45 am]
BILLING CODE 6718-03-P