[Federal Register Volume 67, Number 24 (Tuesday, February 5, 2002)]
[Rules and Regulations]
[Pages 5230-5232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2669]


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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 65

[Docket No. FEMA-D-7519]


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 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 (e-mail) [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

[[Page 5231]]

environmental impact assessment has been prepared.

Regulatory Flexibility Act

    The Acting Executive 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   Effective date of modification     Community
                                                         notice was published         of community                                            number
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Connecticut:
    Fairfield....................  Town of Greenwich...  December 21, 2001;    Mr. Richard Bergstresser,  December 7, 2001..............        090008 C
                                                          December 28, 2001;    First Selectman for the
                                                          Greenwich Times.      Town of Greenwich, 101
                                                                                Field Point Road,
                                                                                Greenwich, Connecticut
                                                                                06830.
    New Haven....................  City of Meriden.....  November 30, 2001;    The Honorable Joseph J.    November 19, 2001.............        090081 C
                                                          December 7, 2001;     Marinan, Jr., Mayor of
                                                          Record-Journal.       the City of Meriden, 142
                                                                                East Main Street,
                                                                                Meriden, Connecticut
                                                                                06450-8022.
Florida: Duval...................  City of Jacksonville  August 1, 2001;       The Honorable John A.      December 4, 2001..............        120077 E
                                                          August 8, 2001;       Delaney, Mayor of the
                                                          Financial News and    City of Jacksonville,
                                                          Daily Record.         City Hall, 117 West
                                                                                Duval Street, Suite 400,
                                                                                Jacksonville, Florida
                                                                                32202.
Indiana:
    Lake.........................  Town of Dyer........  December 14, 2001;    Mr. Glen Eberly,           December 6, 2001..............        180129 D
                                                          December 21, 2001;    President, Town of Dyer
                                                          Daily Herald.         Board of Trustees, One
                                                                                Town Square, Dyer,
                                                                                Indiana 46311.
    Noble........................  Unincorporated Areas  December 19, 2001;    Mr. Mark Pankap,           January 18, 2002..............        180183 A
                                                          The News-Sun.         President, Noble County
                                                                                Board of Commissioners,
                                                                                Noble County Courthouse,
                                                                                101 North Orange Street,
                                                                                Albion, Indiana 46701.
    Lake.........................  Town of Schererville  December 14, 2001;    Mr. Richard Kramer,        December 6, 2001..............        180142 B
                                                          December 21, 2001;    Manager of the Town of
                                                          Daily Herald.         Schererville, 833 West
                                                                                Lincoln Highway, Suite
                                                                                B20W, Schererville,
                                                                                Indiana 46375.
Maine:
    Aroostook....................  Town of Fort          November 28, 2001;    Mr. Dan K. Foster,         November 19, 2001.............        230018 B
                                    Fairfield.            December 5, 2001;     Manager of the Town of
                                                          Fort Fairfield        Fort Fairfield, P.O. Box
                                                          Press.                350, Fort Fairfield,
                                                                                Maine 04742.
    Knox.........................  Town of North Haven.  November 22, 2001;    Mr. Dake Collins, Town of  November 13, 2001.............        230228 B
                                                          November 29, 2001;    North Haven
                                                          The Courier-Gazette.  Administrator, P.O. Box
                                                                                400, North Haven, Maine
                                                                                04853.
Pennsylvania: Carbon.............  Township of East      November 2, 2001;     Mr. Gordon Scherer,        October 23, 2001..............        421013 B
                                    Penn.                 November 9, 2001;     Chairman of the Township
                                                          Times News.           of East Penn Board of
                                                                                Supervisors, 167
                                                                                Municipal Road,
                                                                                Lehighton, Pennsylvania
                                                                                18253.
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[[Page 5232]]

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

    Dated: January 29, 2002.
Robert F. Shea,
Acting Administrator, Federal Insurance and Mitigation Administration.
[FR Doc. 02-2669 Filed 2-4-02; 8:45 am]
BILLING CODE 6718-04-P