[Federal Register Volume 63, Number 181 (Friday, September 18, 1998)]
[Rules and Regulations]
[Pages 49860-49862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25073]


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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 65

[Docket No. FEMA-7265]


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 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: Matthew B. Miller, P.E., Chief, 
Hazards Study Branch, Mitigation Directorate, 500 C Street SW., 
Washington, DC 20472, (202) 646-3461.

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

[[Page 49861]]

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.

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                                    Effective date                        
         State and county                  Location           newspaper where     Chief Executive Officer of       community of         Community No.   
                                                            notice was published           community               modification                         
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Florida: Polk.....................  Unincorporated Areas.  June 4, 1998, June     Mr. Jim Keene, Polk County  May 28, 1998.........  120261 D           
                                                            11, 1998, Lakeland     Manager, P.O. Box 9005,                                              
                                                            Ledger.                Drawer CA 01, Bartow,                                                
                                                                                   Florida 33831.                                                       
Maine: Hancock....................  Town of Gouldsboro...  June 25, 1998, July    Mr. Larry Barnes, Town      June 16, 1998........  230283 B           
                                                            2, 1998, Ellsworth     Manager, P.O. Box 68,                                                
                                                            American.              Prospect Harbor, Maine                                               
                                                                                   04669.                                                               
Massachusetts: Middlesex..........  City of Lowell.......  July 20, 1998, July    Mr. Brian J. Martin,        October 25, 1998.....  250201 D           
                                                            27, 1998, The Sun.     Manager of the City of                                               
                                                                                   Lowell, 375 Merrimack                                                
                                                                                   Street, Lowell,                                                      
                                                                                   Massachusetts 01852.                                                 
Mississippi: Marshall.............  Town of Byhalia......  June 4, 1998, June     The Honorable Bill Fisher,  September 9, 1998....  280112 B           
                                                            11, 1998, The South    Mayor of the Town of                                                 
                                                            Reporter.              Byhalia, P.O. Box 348,                                               
                                                                                   2404 Church Street, lia,                                             
                                                                                   Mississippi 38611.                                                   
Ohio: Warren......................  City of Mason........  July 15, 1998, July    The Honorable Betty Davis,  January 6, 1999......  390559 C           
                                                            22, 1998, Community    Mayor of the City of                                                 
                                                            Press of Mason.        Mason, 202 West Main                                                 
                                                                                   Street, Mason, Ohio 45040.                                           
South Carolina: Spartanburg.......  Unincorporated Areas.  July 2, 1998, July 9,  Mr. Roland Windham,         June 18, 1998........  450176 B           
                                                            1998, Herald-Journal.  Spartanburg County                                                   
                                                                                   Administrator, P.O. Box                                              
                                                                                   5666, Spartanburg, South                                             
                                                                                   Carolina 29304.                                                      
Virginia: Loudoun.................  Unincorporated Areas.  May 6, 1998, May 13,   Mr. Kirby Bowers, Loudoun   August 11, 1998......  510090 C           
                                                            1998, Loudoun Times-   County Administrator,                                                
                                                            Mirror.                P.O. Box 7000, Leesburg,                                             
                                                                                   Virginia 20177-7000.                                                 
Prince William....................  Unincorporated Areas.  June 24, 1998, July    Mr. H. B. Ewert, Prince     June 18, 1998........  510119 D           
                                                            1, 1998, Potomac       William County Executive,                                            
                                                            News.                  1 County Complex Court,                                              
                                                                                   Prince William, Virginia                                             
                                                                                   22192.                                                               
West Virginia: Monongalia.........  Unincorporated Areas.  July 16, 1998, July    Mr. John W. Pyles,          July 8, 1998.........  540139 B           
                                                            23, 1998, The          President, Monongalia                                                
                                                            Dominion Post.         County Commission, 243                                               
                                                                                   High Street, Morgantown,                                             
                                                                                   West Virginia 26505.                                                 
Wisconsin: Fond du Lac............  City of Fond du Lac..  June 29, 1998, July    Mr. Steve Nenonen, Fond du  October 4, 1998......  550136 D           
                                                            6, 1998, The           Lac City Manager, City-                                              
                                                            Reporter.              County Government Center,                                            
                                                                                   160 South Macy Street,                                               
                                                                                   P.O. Box 150, Fond du                                                
                                                                                   Lac, Wisconsin 54936-0150.                                           
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[[Page 49862]]

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

    Dated: September 11, 1998.
Michael J. Armstrong,
Associate Director for Mitigation.
[FR Doc. 98-25073 Filed 9-17-98; 8:45 am]
BILLING CODE 6718-03-P