[Federal Register Volume 63, Number 224 (Friday, November 20, 1998)]
[Rules and Regulations]
[Pages 64418-64419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31041]



[[Page 64418]]

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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 65


Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, FEMA.

ACTION: Final rule.

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SUMMARY: Modified base (1% annual chance) flood elevations are 
finalized for the communities listed below. These modified elevations 
will be used to calculate flood insurance premium rates for new 
buildings and their contents.

EFFECTIVE DATES: The effective dates for these modified base flood 
elevations are indicated on the following table and revise the Flood 
Insurance Rate Map(s) (FIRMs) in effect for each listed community prior 
to this date.

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 Federal Emergency Management Agency 
makes the final determinations listed below of modified base flood 
elevations for each community listed. These modified elevations have 
been published in newspapers of local circulation and ninety (90) days 
have elapsed since that publication. The Associate Director has 
resolved any appeals resulting from this notification.
    The modified base flood elevations are not listed for each 
community in this notice. However, this rule includes the address of 
the Chief Executive Officer of the community where the modified base 
flood elevation determinations are available for inspection.
    The modifications are made pursuant to section 206 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.
    These modified elevations are used to meet the floodplain 
management requirements of the NFIP and are also used to calculate the 
appropriate flood insurance premium rates for new buildings built after 
these elevations are made final, and for the contents in these 
buildings.
    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 final 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
         State and county                  Location           newspaper where     Chief executive officer of    Effective date of       Community No.
                                                            notice was published           community               modification
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New York: Erie (FEMA Docket No.     Town of Orchard Park.  December 20, 1997,     Mr. Dennis J. Mill,         March 27, 1998.......  360255 B
 7249).                                                     December 27, 1997,     Supervisor of the Town of
                                                            The Southtowns         Orchard Park, 4295 South
                                                            Citizen.               Buffalo Street, Orchard
                                                                                   Park, New York 14127.
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[[Page 64419]]

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

    Dated: November 10, 1998.
Michael J. Armstrong,
Associate Director for Mitigation.
[FR Doc. 98-31041 Filed 11-19-98; 8:45 am]
BILLING CODE 6718-04-P