[Federal Register Volume 66, Number 243 (Tuesday, December 18, 2001)]
[Rules and Regulations]
[Pages 65107-65110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31030]


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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 65

[Docket No. FEMA-D-7517]


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

[[Page 65108]]

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 Executive 
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, 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, 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:

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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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Connecticut: Fairfield............  Town of Greenwich....  November 15, 2001,     Ms. Lolly H. Prince, First  Nov. 5, 2001........  090008 D&E
                                                            November 22, 2001,     Selectman of the Town of
                                                            Greenwich Times.       Greenwich, 101 Field
                                                                                   Point Road, Greenwich,
                                                                                   Connecticut 06830.
Florida:
    Lee...........................  Unincorporated Areas.  September 27, 2001,    Mr. Doug St. Cerny,         Sept. 20, 2001......  125124 E
                                                            October 4, 2001,       Chairman of the Lee
                                                            News-Press.            County, Board of County
                                                                                   Commissioners, P.O. Box
                                                                                   398, Fort Myers, Florida
                                                                                   33902.
    Leon..........................  City of Tallahassee..  September 28, 2001,    The Honorable Scott         Jan. 4, 2002........  120144 D
                                                            October 5, 2001,       Maddox, Mayor of the City
                                                            Tallahassee Democrat.  of Tallahassee, 300 South
                                                                                   Adams Street,
                                                                                   Tallahassee, Florida
                                                                                   32301-1731.
Georgia:
    Bibb and Jones................  City of Macon........  September 25, 2001,    The Honorable Jack Ellis,   Jan. 1, 2002........  130011 D
                                                            October 4, 2001, The   Mayor of the City of
                                                            Macon Telegraph.       Macon, 700 Poplar Street,
                                                                                   Macon, Georgia 31201.

[[Page 65109]]

 
    Gwinnett......................  Unincorporated Areas.  September 27, 2001,    Mr. Wayne Hill, Chairman    Sept. 20, 2001......  130322 D
                                                            October 4, 2001,       of the Gwinnett County
                                                            Gwinnett Daily Post.   Board of Commissioners,
                                                                                   Justice and
                                                                                   Administration Center, 75
                                                                                   Langley Drive,
                                                                                   Lawrenceville, Georgia
                                                                                   30045.
Maine:
    York..........................  Town of Alfred.......  September 27, 2001,    Mr. Perley Yeaton,          Sept. 19, 2001......  230191 C
                                                            October 4, 2001, The   Chairperson of the Board
                                                            Sanford News.          of Selectmen for the Town
                                                                                   of Alfred, P.O. Box 667,
                                                                                   Alfred, Maine 04001.
    Knox..........................  Town of St. George...  October 18, 2001,      Mr. John Falla, St. George  Oct. 12, 2001.......  230229 C
                                                            October 25, 2001,      Town Manager, P.O. Box
                                                            Courier-Gazette.       131, Tenants Harbor,
                                                                                   Maine 04860.
Maryland:
    Frederick.....................  Unincorporated Areas.  November 14, 2001,     Mr. Ron Hart, Frederick     Oct. 30, 2001.......  240027 B
                                                            November 21, 2001,     County Manager, 12 East
                                                            Frederick News Post.   Church Street, Frederick,
                                                                                   Maryland 21701.
    Frederick.....................  City of Frederick....  November 14, 2001,     The Honorable James         Oct. 30, 2001.......  240030 B
                                                            November 21, 2001,     Grimes, Mayor of the City
                                                            Frederick News Post.   of Frederick, 101 North
                                                                                   Court Street, Frederick,
                                                                                   Maryland 21701.
Michigan: Wayne...................  Township of Canton...  October 18, 2001,      Mr. Thomas J. Yack,         Jan. 24, 2002.......  260219 B
                                                            October 25, 2001,      Township of Canton
                                                            The Observer &         Supervisor, 1150 South
                                                            Eccentric.             Canton Center Road,
                                                                                   Canton, Michigan 48188.
New Jersey: Cape May..............  City of North          October 10, 2001,      The Honorable Aldo A.       Sept. 19, 2001......  345308 E
                                     Wildwood.              October 17, 2001,      Palombo, Mayor of the
                                                            The Leader.            City of North Wildwood,
                                                                                   Municipal Building, 901
                                                                                   Atlantic Avenue, North
                                                                                   Wildwood, New Jersey
                                                                                   08260.
New York: Monroe..................  Town of Greece.......  November 29, 2001,     Mr. John Auberger,          May 2, 2002.........  360417 E
                                                            December 6, 2001,      Supervisor of the Town of
                                                            Greece Post.           Greece, One Vince Tofany
                                                                                   Boulevard, Rochester, New
                                                                                   York 14616.
Ohio: Warren......................  City of Mason........  September 5, 2001,     The Honorable John          Aug. 30, 2001.......  390559 C
                                                            September 12, 2001,    McCurley, Mayor of the
                                                            Pulse-Journal.         City of Mason, 202 West
                                                                                   Main Street, Mason, Ohio
                                                                                   45040.
Puerto Rico:
                                    Commonwealth.........  October 5, 2001,       The Honorable Sila Maria    Jan. 11, 2002.......  720000 D
                                                            October 12, 2001,      Calderon, Governor of the
                                                            The San Juan Star.     Commonwealth of Puerto
                                                                                   Rico, P.O. Box 82, La
                                                                                   Fortaleza, San Juan,
                                                                                   Puerto Rico 00901.
                                    Commonwealth.........  October 12, 2001,      The Honorable Sila Maria    Jan. 18, 2002.......  720000 B&C
                                                            October 19, 2001,      Calderon, Governor of the
                                                            San Juan Star.         Commonwealth of Puerto
                                                                                   Rico, P.O. Box 82, La
                                                                                   Fortaleza, San Juan,
                                                                                   Puerto Rico 00901.
                                    Commonwealth.........  October 12, 2001,      The Honorable Sila Maria    Jan. 18, 2002.......  720000 B&C
                                                            October 19, 2001,      Calderon, Governor of the
                                                            San Juan Star.         Commonwealth of Puerto
                                                                                   Rico, P.O. Box 82, La
                                                                                   Fortaleza, San Juan,
                                                                                   Puerto Rico 00901.
South Carolina:
    Florence......................  City of Lake City....  September 5, 2001,     Mr. George Simmons, Lake    Dec. 12, 2001.......  450075 D
                                                            September 12, 2001,    City Administrator, 202
                                                            The News Journal.      Kelly Street, Lake City,
                                                                                   South Carolina 29560.
    Florence......................  Unincorporated Areas.  September 5, 2001,     Mr. Joe King, Florence      Dec. 12, 2001.......  450079 D
                                                            September 12, 2001,    County Administrator, 180
                                                            The News Journal.      North Irby Street MSC-G,
                                                                                   Florence, South Carolina
                                                                                   29501.
U.S. Virgin Islands...............  Island of St. Croix..  November 1, 2001,      The Honorable Charles W.    Oct. 25, 2001.......  78000 D
                                                            November 8, 2001,      Turnbull, Governor of the
                                                            The Daily News.        U.S. Virgin Islands,
                                                                                   Government House, 21-22
                                                                                   Kongens Gade, St. Thomas,
                                                                                   Virgin Islands 00802.
Virginia:
    Fauquier......................  Unincorporated Areas.  October 18, 2001,      Mr. G. Robert Lee,          Jan. 24, 2002.......  510055 A
                                                            October 25, 2001,      Fauquier County
                                                            Fauquier Citizen.      Administrator, 40
                                                                                   Culpeper Street,
                                                                                   Warrenton, Virginia 20186.

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    Henrico.......................  Unincorporated Areas.  October 26, 2001,      Mr. Richard Glover,         Oct. 12, 2001.......  510077 B
                                                            November 1, 2001,      Chairman of the Henrico
                                                            The Richmond Times.    County, Board of
                                                                                   Supervisors, P.O. Box
                                                                                   27032, Richmond, Virginia
                                                                                   23273.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance.'')
    Dated: December 11, 2001.
Robert F. Shea,
Acting Administrator, Federal Insurance and Mitigation Administration.
[FR Doc. 01-31030 Filed 12-17-01; 8:45 am]
BILLING CODE 6718-04-P