[Federal Register Volume 64, Number 6 (Monday, January 11, 1999)]
[Rules and Regulations]
[Pages 1521-1523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-528]


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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 65

[Docket No. FEMA-7277]


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, Federal Emergency 
Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-
3461, or (email) [email protected].

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.

[[Page 1522]]

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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Florida:
    Orange........................  City of Apopka.......  November 20, 1998,     Mr. Jay Davoll, P.E., City  February 25, 1999....  120180 C
                                                            November 27, 1998,     of Apopka, Community
                                                            Orlando Sentinel.      Development Department,
                                                                                   P.O. Box 1229, Apopka,
                                                                                   Florida 32704-1229.
    Orange........................  Unincorporated Areas.  November 20, 1998,     Dr. M. Krishnamurthy,       February 25, 1999....  120179 B
                                                            November 27, 1998,     P.E., Manager, Orange
                                                            Orlando Sentinel.      County Public Works
                                                                                   Division, Stormwater
                                                                                   Management Division, 4200
                                                                                   South John Young Parkway,
                                                                                   Orlando, Florida 32839-
                                                                                   9205.
Georgia: Cobb.....................  City of Marietta.....  December 11, 1998,     The Honorable Ansley        March 18, 1999.......  130226 F
                                                            December 18, 1998,     Meaders, Mayor of the
                                                            Marietta Daily         City of Marietta, P.O.
                                                            Journal.               Box 609, Marietta,
                                                                                   Georgia 30061.
Illinois:
    Cook..........................  Village of Rosemont..  November 25, 1998,     The Honorable Donald E.     November 16, 1998....  170156 C
                                                            December 2, 1998,      Stephens, Mayor of the
                                                            Franklin Park Herald   Village of Rosemont, 9501
                                                            Journal.               West Devon Avenue,
                                                                                   Rosemont, Illinois 60018.
    DuPage........................  Village of             December 11, 1998,     Mr. John C. Gels,           March 18, 1999.......  170200 C
                                     Bensenville.           December 18, 1998,     Bensenville Village
                                                            Bensenville Press.     President, Village Hall
                                                                                   700 West Irving Park
                                                                                   Road, Bensenville,
                                                                                   Illinois 60106.
Indiana: Marion...................  City of Indianapolis.  November 17, 1998,     The Honorable Stephen       February 22, 1999....  180159 D
                                                            November 24, 1998,     Goldsmith, Mayor of the
                                                            Indianapolis Star.     City of Indianapolis, 200
                                                                                   East Washington Street,
                                                                                   City-County Building,
                                                                                   Suite 2501, Indianapolis,
                                                                                   Indiana 46204-3357.
Maryland: Allegany................  Unincorporated Areas.  December 16, 1998,     Mr. Bernard L. Loar,        March 23, 1999.......  240001 A
                                                            December 23, 1998,     President, Allegany
                                                            The Cumberland Times-  County Board of
                                                            News.                  Commissioners, 701 Kelly
                                                                                   Road, Suite 405,
                                                                                   Cumberland, Maryland
                                                                                   21502-3401.
Michigan: Macomb..................  City of Sterling       December 13, 1998,     The Honorable Richard       December 2, 1998.....  260128 E
                                     Heights.               December 20, 1998,     Notte, Mayor of the City
                                                            The Source.            of Sterling Heights,
                                                                                   40555 Utica Road, P.O.
                                                                                   Box 8009, Sterling
                                                                                   Heights, Michigan 48311-
                                                                                   8009.
Ohio:
    Clark.........................  Village of Enon......  November 18, 1998,     The Honorable Jerry C.      February 13, 1999....  390795 C
                                                            November 25, 1998,     Crane, Mayor of the
                                                            Springfield News-Sun.  Village of Enon, P.O. Box
                                                                                   232, Enon, Ohio 45323.
    Fairfield and Franklin........  City of Columbus.....  November 27, 1998,     The Honorable Gregory S.    March 4, 1999........  390170 G
                                                            December 4, 1998,      Lashutka, Mayor of the
                                                            The Columbus           City of Columbus, City
                                                            Dispatch.              Hall, 90 West Broad
                                                                                   Street, Columbus, Ohio
                                                                                   43215.
    Franklin......................  Unincorporated Areas.  November 27, 1998,     Ms. Arlene Shoemaker,       March 4, 1999........  390167 G
                                                            December 4, 1998,      President of the Franklin
                                                            The Columbus           County, Board of
                                                            Dispatch.              Commissioners, 373 South
                                                                                   High Street, Columbus,
                                                                                   Ohio 43215.
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[[Page 1523]]

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

    Dated: January 4, 1999.
Michael J. Armstrong,
Associate Director for Mitigation.
[FR Doc. 99-528 Filed 1-8-99; 8:45 am]
BILLING CODE 6718-04-P