[Federal Register Volume 61, Number 142 (Tuesday, July 23, 1996)]
[Rules and Regulations]
[Pages 38092-38094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18664]


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FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 65

[Docket No. FEMA-7186]


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 (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.


[[Page 38093]]


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 Acting 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 
S.W., 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 Acting 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.

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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                                                                                              Chief executive                                           
      State and county                  Location               Dates and name of newspaper       officer of          Effective date of        Community 
                                                               where notice was published        community             modification              No.    
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Alabama: Lauderdale.........  City of Florence............  May 24, 1996, May 31, 1996,       The Honorable    August 29, 1996.............     010140 C
                                                             Times Daily.                      Eddie Frost,                                             
                                                                                               Mayor of the                                             
                                                                                               City of                                                  
                                                                                               Florence, 110                                            
                                                                                               West College                                             
                                                                                               Street,                                                  
                                                                                               Florence,                                                
                                                                                               Alabama 35630.                                           
Illinois:                                                                                                                                               
    Tazewell................  Village of Morton...........  June 5, 1996, June 12, 1996       Dr. Robert D.    May 28, 1996................      170652D
                                                             Tazewell News.                    Hertenstein,                                             
                                                                                               President of                                             
                                                                                               the Village of                                           
                                                                                               Morton, P.O.                                             
                                                                                               Box 28, 120                                              
                                                                                               North Main                                               
                                                                                               Street,                                                  
                                                                                               Morton,                                                  
                                                                                               Illinois 61550.                                          
    LaSalle and Livingston..  City of Streator............  May 7, 1996, May 14, 1996, The    The Honorable    May 2, 1996.................     170408 B
                                                             Times Press.                      Robert Lee II,                                           
                                                                                               Mayor of the                                             
                                                                                               City of                                                  
                                                                                               Streator, 204                                            
                                                                                               South                                                    
                                                                                               Bloomington                                              
                                                                                               Street, P.O.                                             
                                                                                               Box 517,                                                 
                                                                                               Streator,                                                
                                                                                               Illinois 61364.                                          

[[Page 38094]]

                                                                                                                                                        
Indiana: Porter.............  Town of Porter..............  May 28, 1996, June 4, 1996,       Ms. Charlene     May 21, 1996................     180208 B
                                                             Chesterton Tribune.               Hauber, Porter                                           
                                                                                               Town Clerk/                                              
                                                                                               Treasurer,303                                            
                                                                                               Franklin                                                 
                                                                                               Street,                                                  
                                                                                               Porter,                                                  
                                                                                               Indiana 46304.                                           
Massachusetts:                                                                                                                                          
    Barnstable..............   Town of Barnstable.........  May 13, 1996, May 20, 1996 Cape   Mr. Warren J.    May 1, 1996.................     250001 D
                                                             Cod Times.                        Rutherford,                                              
                                                                                               Town of                                                  
                                                                                               Barnstable                                               
                                                                                               Manager, Town                                            
                                                                                               Hall, 367 Main                                           
                                                                                               Street,                                                  
                                                                                               Hyannis,                                                 
                                                                                               Massachusetts                                            
                                                                                               02601.                                                   
    Do......................  do..........................  May 28, 1996, June 4, 1996, Cape  do.............  May 17, 1996................     250001 D
                                                             Cod Times.                                                                                 
Michigan: Wayne.............  Township of Canton..........  May 30, 1996, June 6, 1996,       Mr. Thomas       May 21, 1996................     260219 B
                                                             Canton Observer.                  Yack, Canton                                             
                                                                                               Township                                                 
                                                                                               Supervisor,                                              
                                                                                               1150 South                                               
                                                                                               Canton Center                                            
                                                                                               Road, Canton,                                            
                                                                                               Michigan 48188.                                          
Ohio:                                                                                                                                                   
    Lorain..................  City of Avon................  April 30, 1996, May 7, 1996, The  The Honorable    April 18, 1996..............      390348C
                                                             Morning Journal.                  James A.                                                 
                                                                                               Smith, Mayor                                             
                                                                                               of the City of                                           
                                                                                               Avon,36774                                               
                                                                                               Detroit Road,                                            
                                                                                               Avon, Ohio                                               
                                                                                               44011.                                                   
    Fairfield...............  Unincorporated Areas........  May 7, 1996, May 14, 1996, Eagle- Mr. Allan Reid,  April 30, 1996..............     390158 D
                                                             Gazette.                          President of                                             
                                                                                               the Fairfield                                            
                                                                                               County Board                                             
                                                                                               of                                                       
                                                                                               Commissioners,                                           
                                                                                               Fairfield                                                
                                                                                               County                                                   
                                                                                               Courthouse,                                              
                                                                                               210 East Main                                            
                                                                                               Street, Room                                             
                                                                                               301,                                                     
                                                                                               Lancaster,                                               
                                                                                               Ohio 43130.                                              
    Montgomery..............  do..........................  May 29, 1996, June 5, 1996,       Ms. Vicki Pegg,  May 24, 1996................     390775 C
                                                             Dayton Daily News.                Montgomery                                               
                                                                                               County                                                   
                                                                                               Commissioner,                                            
                                                                                               451 West Third                                           
                                                                                               Street,Dayton,                                           
                                                                                               Ohio 45422-                                              
                                                                                               1260.                                                    
Tennessee: Shelby...........  City of Germantown..........  May 2, 1996, May 9, 1996,         The Honorable    April 23, 1996..............     470353 E
                                                             Germantown News.                  Sharon                                                   
                                                                                               Goldsworthy,                                             
                                                                                               Mayor of the                                             
                                                                                               City of                                                  
                                                                                               Germantown,                                              
                                                                                               1930 South                                               
                                                                                               Germantown                                               
                                                                                               Road, P.O. Box                                           
                                                                                               38809,                                                   
                                                                                               Germantown,                                              
                                                                                               Tennessee                                                
                                                                                               38183-0809.                                              
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance.'')

    Dated: July 10, 1996.
Richard W. Krimm,
Acting Associate Director for Mitigation.
[FR Doc. 96-18664 Filed 7-22 -96; 8:45 am]
BILLING CODE 6718-03-P