[Federal Register Volume 64, Number 192 (Tuesday, October 5, 1999)]
[Rules and Regulations]
[Pages 53936-53938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25803]


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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 65

[Docket No. FEMA-7297]


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

[[Page 53937]]

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.

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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Georgia: Cherokee.................  Unincorporated Areas.  August 11, 1999,       Ms. Emily Lemecke,          Nov. 16, 1999........  130424 C
                                                            August 18, 1999,       Chairwoman of the
                                                            Cherokee Tribune.      Cherokee County Board of
                                                                                   Commissioners, 90 North
                                                                                   Street, Suite 310,
                                                                                   Canton, Georgia 30114.
Georgia: Cherokee.................  City of Woodstock....  August 11, 1999,       The Honorable David         Nov. 16, 1999........  130264 C
                                                            August 18, 1999,       Rogers, Mayor of the City
                                                            Cherokee Tribune.      of Woodstock, 103 Arnold
                                                                                   Mill Road, Woodstock,
                                                                                   Georgia 30188.
Illinois: Lee.....................  City of Dixon........  August 18, 1999, The   The Honorable James Burke,  Sept. 17, 1999.......  170417
                                                            Telegraph.             Mayor of the City of
                                                                                   Dixon, City Hall, 121
                                                                                   West Second Street,
                                                                                   Dixon, Illinois 61021.
Illinois: DuPage..................  Village of Glen Ellyn  August 25, 1999,       Mr. Joseph Wark, Village    Nov. 30, 1999........  170207 C
                                                            September 1, 1999,     of Glen Ellyn President,
                                                            The Glen Ellyn News.   535 Duane Street, Glen
                                                                                   Ellyn, Illinois 60137.
Indiana: Jackson..................  City of Seymour......  August 24, 1999,       The Honorable John          Nov. 29, 1999........  180099 C
                                                            August 31, 1999, The   Burkhart, Mayor of the
                                                            Tribune.               City of Seymour, 301
                                                                                   North Chestnut Street,
                                                                                   Seymour, Indiana 47274.
Minnesota: St. Louis..............  City of Cook.........  August 12, 1999,       The Honorable Harold        Aug. 4, 1999.........  270420 A
                                                            August 19, 1999,       Johnston, Mayor of the
                                                            Cook News Herald.      City of Cook, City Hall,
                                                                                   P.O. Box 155, Cook,
                                                                                   Minnesota 55723.
New Jersey: Union.................  City of Linden.......  August 19, 1999,       The Honorable John T.       Aug. 10, 1999........  340467 B
                                                            August 26, 1999,       Gregorio, Mayor of the
                                                            Spectator Leader.      City of Linden, City
                                                                                   Hall, 301 Northwood
                                                                                   Avenue, Linden, New
                                                                                   Jersey 07036.
Ohio: Licking.....................  City of Newark.......  July 14, 1999, July    The Honorable Frank L.      Oct. 19, 1999........  390335E
                                                            21, 1999, The          Stare, Mayor of the City
                                                            Advocate.              of Newark, 40 West Main
                                                                                   Street, Newark, Ohio
                                                                                   43055.
Pennsylvania: Bucks...............  Township of Upper      August 31, 1999,       Ms. Rose Marie Sauter,      Aug. 25, 1999........  420207 F
                                     Makefield.             September 7, 1999,     Chairperson of the Board
                                                            Bucks County Courier   of Supervisors, Township
                                                            Times.                 of Upper Makefield, 1076
                                                                                   Eagle Road, Newtown,
                                                                                   Pennsylvania 18940.
Commonwealth of Puerto Rico.......  Puerto Rico..........  August 13, 1999,       Mr. Jose R. Caballero-      Nov. 18, 1999........  720000 B
                                                            August 20, 1999, El    Mercado, Chairman, Puerto
                                                            Nuevo Dia.             Rico Planning Board,
                                                                                   Minillas Government
                                                                                   Center, North Building,
                                                                                   De Diego Avenue, Stop 22,
                                                                                   P.O. Box 4119, San Juan,
                                                                                   Puerto Rico 00940-1119.

[[Page 53938]]

 
Virginia (Independent City).......  City of Winchester...  August 20, 1999,       Mr. Edwin C. Daley, City    Aug. 13, 1999........  510173 B
                                                            August 27, 1999, The   of Winchester Manager,
                                                            Winchester Star.       Rouss City Hall, 15
                                                                                   Cameron Street,
                                                                                   Winchester, Virginia
                                                                                   22601.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance.'')

    Dated: September 27, 1999.
Michael J. Armstrong,
Associate Director for Mitigation.
[FR Doc. 99-25803 Filed 10-4-99; 8:45 am]
BILLING CODE 6718-04-P