[Federal Register Volume 66, Number 203 (Friday, October 19, 2001)]
[Rules and Regulations]
[Pages 53112-53114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26424]


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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 65

[Docket No. FEMA-D-7515]


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 Acting Administrator 
for Federal Insurance and Mitigation Administration 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, Federal Insurance and Mitigation Administration, 
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 (NFIP).
    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 Acting Administrator for Federal Insurance and Mitigation 
Administration, 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:

[[Page 53113]]



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                                                        Dates and name of
                                                         newspaper where     Chief executive officer        Effective date of
        State and county                Location            notice was            of community                 modification            Community number
                                                            published
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Florida: Duval..................  City of              August 8, 2001;      The Honorable John A.     August 1, 2001...............  120077D&E
                                   Jacksonville.        August 15, 2001;     Delaney, Mayor of the
                                                        Financial News and   City of Jacksonville,
                                                        Daily Record.        117 West Duval Street,
                                                                             Suite 400,
                                                                             Jacksonville, Florida
                                                                             32202.
Georgia: Gwinnett...............  Unincorporated       August 23, 2001;     Mr. Wayne Hill, Chairman  November 29, 2001............  130322D
                                   Areas.               August 30, 2001;     of the Gwinnett County
                                                        Gwinnett Daily       Board of Commissioners,
                                                        Post.                Justice and
                                                                             Administration Center,
                                                                             75 Langley Drive,
                                                                             Lawrenceville, Georgia
                                                                             30045.
Kentucky: Whitley...............  City of              August 17, 2001;     The Honorable Bill        August 10, 2001..............  210228D
                                   Williamsburg.        August 24, 2001;     Nighbert, Mayor of the
                                                        Times Tribune.       City of Williamsburg,
                                                                             P.O. Box 119,
                                                                             Williamsburg, Kentucky
                                                                             40769.
Maine: York.....................  Town of Alfred.....  September 27, 2001;  Mr. Perley Yeaton,        September 19, 2001...........  230191C
                                                        October 4, 2001;     Chairperson of the
                                                        The Sanford News.    Board of Selectmen for
                                                                             the Town of Alfred,
                                                                             P.O. Box 667, Alfred,
                                                                             Maine 04001.
Mississippi: Madison............  City of Ridgeland..  May 17, 2001; May    The Honorable Gene F.     May 10, 2001.................  280110 D
                                                        24, 2001; Madison    McGee, Mayor of the
                                                        County Journal.      City of Ridgeland, P.O.
                                                                             Box 217, Ridgeland,
                                                                             Mississippi 39158.
North Carolina:
    Wake........................  Town of Cary.......  August 2, 2001;      The Honorable Glenn D.    July 26, 2001................  370238D
                                                        August 9, 2001;      Lang, Mayor of the Town
                                                        The Cary News.       of Cary, 318 North
                                                                             Academy Street, P.O.
                                                                             Box 8005, Cary, North
                                                                             Carolina 27512.
     Dare.......................  Unincorporated       August 23, 2001;     Mr. Moncie L. Daniels,    August 16, 2001..............  375348E
                                   Areas.               August 30, 2001;     Chairman of the Board
                                                        Coastland Times.     of Commissioners, P.O.
                                                                             Box 1000, Manteo, North
                                                                             Carolina 27954.
     Wake.......................  Town of Garner.....  July 18, 2001; July  Ms. Mary Lou Rand, Town   July 11, 2001................  370240 D
                                                        25, 2001; The News   Manager, P.O. Box 446,
                                                        and Observer.        900 Seventh Avenue,
                                                                             Garner, North Carolina
                                                                             27529.
     Gaston.....................  City of Gastonia...  August 29, 2001;     Mayor of the City of      December 5, 2001.............  370100D
                                                        September 5, 2001;   Gastonia, P.O. Box
                                                        The Gaston Gazette.  1748, 181 South Street,
                                                                             Gastonia, North
                                                                             Carolina 28053-1748.
     Wake.......................  City of Raleigh....  July 18, 2001; July  The Honorable Paul Y.     July 11, 2001................  370243 D
                                                        25, 2001; The News   Coble, Mayor of the
                                                        and Observer.        City of Raleigh, P.O.
                                                                             Box 590, 222 West
                                                                             Hargett Street,
                                                                             Raleigh, North Carolina
                                                                             27602.
     Wake.......................  Unincorporated       July 18, 2001; July  Mr. David Cooke, Wake     July 11, 2001................  370368 D
                                   Areas.               25, 2001; The News   County Manager, Suite
                                                        and Observer.        1100, 337 South
                                                                             Salisbury Street,
                                                                             Raleigh, North Carolina
                                                                             27602.
Ohio: Warren....................  City of Mason......  September 5, 2001;   The Honorable John        August 30, 2001..............  390559C
                                                        September 12,        McCurley, Mayor of the
                                                        2001; Pulse-         City of Mason, 202 West
                                                        Journal.             Main Street, Mason,
                                                                             Ohio 45040.
South Carolina:
     Lexington..................  City of Columbia...  August 20, 2001;     The Honorable Robert D.   August 13, 2001..............  450172D
                                                        August 27, 2001;     Cole, Mayor of the City
                                                        The State.           of Columbia, P.O. Box
                                                                             147, Columbia, South
                                                                             Carolina 29201.
    Lexington...................  Unincorporated       August 20, 2001;     Mr. Bruce Rucker,         August 13, 2001..............  450129D
                                   Areas.               August 27, 2001;     Lexington County
                                                        The State.           Council Chairman, 212
                                                                             South Lake Drive,
                                                                             Lexington, South
                                                                             Carolina 29072.
Tennessee: Sullivan.............  Town of Kingsport..  August 23, 2001;     The Honorable Jeanette    August 16, 2001..............  470184D
                                                        August 30, 2001;     Blazier, Mayor of the
                                                        Kingsport Times.     City of Kingsport, 225
                                                                             West Center Street,
                                                                             City Hall, Kingsport,
                                                                             Tennessee 37660-4237.
Virginia: Rockingham............  Unincorporated       September 21, 2001;  Mr. Pablo Cuevas,         October 12, 2001.............  510133B
                                   Areas.               Daily News Record.   Chairman of the Board
                                                                             of Supervisors,
                                                                             Rockingham County P.O.
                                                                             Box 1252 Harrisonburg,
                                                                             Virginia 22801.
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[[Page 53114]]

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

    Dated: October 9, 2001.
Robert F. Shea,
Acting Administrator, Federal Insurance and Mitigation Administration.
[FR Doc. 01-26424 Filed 10-18-01; 8:45 am]
BILLING CODE 6718-04-P