[Federal Register Volume 61, Number 245 (Thursday, December 19, 1996)]
[Rules and Regulations]
[Pages 66925-66926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32264]


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FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 65

[Docket No. FEMA-7197]


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.

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 Executive 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: Frederick H. Sharrocks, Jr., Chief, 
Hazard Identification Branch, Mitigation Directorate, 500 C Street SW., 
Washington, DC 20472, (202) 646-2796.

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 Executive 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:

[[Page 66926]]

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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Connecticut: Fairfield......  Town of Darien..............  Sept. 12, 1996, Sept. 19, 1996,   Mr. Hank         Sept. 5, 1996...............      090005D
                                                             Darien News-Review.               Sanders, First                                           
                                                                                               Selectman of                                             
                                                                                               the Town of                                              
                                                                                               Darien, 2                                                
                                                                                               Renshaw Road,                                            
                                                                                               Town Hall,                                               
                                                                                               Darien, CT                                               
                                                                                               06820.                                                   
Illinois: Will and DuPage     City of Naperville..........  Dec. 13, 1995, Dec. 20, 1995,     The Honorable    Dec. 5, 1995................      170213C
 Counties.                                                   The Naperville Sun.               A. George                                                
                                                                                               Pradel, Mayor                                            
                                                                                               of the City of                                           
                                                                                               Naperville,                                              
                                                                                               400 South                                                
                                                                                               Eagle Street,                                            
                                                                                               Naperville, IL                                           
                                                                                               60540.                                                   
Indiana: Hendricks..........  Unincorporated areas........  Sept. 19, 1996, Sept. 26, 1996,   Mr. John D.      Dec. 25, 1996...............      180415B
                                                             Hendricks County Flyer.           Calmpitt,                                                
                                                                                               President of                                             
                                                                                               the Hendricks                                            
                                                                                               County Board                                             
                                                                                               of                                                       
                                                                                               Commissioners,                                           
                                                                                               P.O. Box 188,                                            
                                                                                               Danville, IN                                             
                                                                                               46122.                                                   
Indiana: Johnson............  Unincorporated areas........  Sept. 16, 1996, Sept. 23, 1996,   Mr. Alfred       Sept. 9, 1996...............      180111C
                                                             Daily Journal.                    Chappel,                                                 
                                                                                               Chairman of                                              
                                                                                               the Johnson                                              
                                                                                               County Board                                             
                                                                                               of                                                       
                                                                                               Commissioners,                                           
                                                                                               86 West Court                                            
                                                                                               Street,                                                  
                                                                                               Courthouse                                               
                                                                                               Annex,                                                   
                                                                                               Franklin, IN                                             
                                                                                               46131.                                                   
New Jersey: Middlesex.......  Borough of South River        Sept. 9, 1996, Sept. 16, 1996,    The Honorable    Mar. 3, 1997................      340280C
                                                             The Home News & Tribune.          Thomas J.                                                
                                                                                               Toto, Mayor of                                           
                                                                                               the Borough of                                           
                                                                                               South River,                                             
                                                                                               64-66 Main                                               
                                                                                               Street, South                                            
                                                                                               River, NJ                                                
                                                                                               08882.                                                   
North Carolina: Durham......  City of Durham..............  Aug. 30, 1996, Sept. 6, 1996,     The Honorable    Aug. 23, 1996...............      370086G
                                                             The Herald-Sun.                   Sylvia                                                   
                                                                                               Kerckhoff,                                               
                                                                                               Mayor of the                                             
                                                                                               City of                                                  
                                                                                               Durham, 101                                              
                                                                                               City Hall                                                
                                                                                               Plaza, Durham,                                           
                                                                                               NC 27701.                                                
North Carolina: Durham......  Unincorporated areas........  Aug. 30, 1996, Sept. 6, 1996,     Mr. David F.     Aug. 22, 1996...............      370085G
                                                             The Herald-Sun.                   Thompson,                                                
                                                                                               Durham County                                            
                                                                                               Manager, 200                                             
                                                                                               East Main                                                
                                                                                               Street, 2d                                               
                                                                                               floor, Durham,                                           
                                                                                               NC 27701.                                                
Ohio: Summit................  City of Hudson..............  Aug. 28, 1996, Sept. 4, 1996,     The Honorable    Aug. 22, 1996...............      390660B
                                                             Hudson Hub.                       Harold L.                                                
                                                                                               Bayleff, Mayor                                           
                                                                                               of the City of                                           
                                                                                               Hudson, 27                                               
                                                                                               East Main                                                
                                                                                               Street,                                                  
                                                                                               Hudson, OH                                               
                                                                                               44236.                                                   
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance.'')
    Dated: December 10, 1996.
Craig S. Wingo,
Deputy Associate Director, Mitigation Directorate.
[FR Doc. 96-32264 Filed 12-18-96; 8:45 am]
BILLING CODE 6718-03-P