[Federal Register Volume 67, Number 48 (Tuesday, March 12, 2002)]
[Rules and Regulations]
[Pages 11046-11049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5834]


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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 65


Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, FEMA.

ACTION: Final rule.

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SUMMARY: Modified base (1% annual chance) flood elevations are 
finalized for the communities listed below. These modified elevations 
will be used to calculate flood insurance premium rates for new 
buildings and their contents.

EFFECTIVE DATES: The effective dates for these modified base flood 
elevations are indicated on the following table and revise the Flood 
Insurance Rate Map(s) (FIRMs) in effect for each listed community prior 
to this date.

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,

[[Page 11047]]

(202) 646-3461, or (e-mail) [email protected].

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency 
makes the final determinations listed below of modified base flood 
elevations for each community listed. These modified elevations have 
been published in newspapers of local circulation and ninety (90) days 
have elapsed since that publication. The Acting Executive Associate 
Director has resolved any appeals resulting from this notification.
    The modified base flood elevations are not listed for each 
community in this notice. However, this rule includes the address of 
the Chief Executive Officer of the community where the modified base 
flood elevation determinations are available for inspection.
    The modifications are made pursuant to section 206 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.
    These modified elevations are used to meet the floodplain 
management requirements of the NFIP and are also used to calculate the 
appropriate flood insurance premium rates for new buildings built after 
these elevations are made final, and for the contents in these 
buildings.
    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 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 NFIP. No 
regulatory flexibility analysis has been prepared.

Regulatory Classification

    This final 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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Florida:
    Lee (FEMA Docket No. D-7517)..  Unincorporated Areas.  September 27, 2001,    Mr. Doug St. Cerny,         Sept. 20, 2001.......  125124 B
                                                            October 4, 2001,       Chairman of the Lee
                                                            News-Press.            County Board of County
                                                                                   Commissioners, P.O. Box
                                                                                   398, Fort Myers, Florida
                                                                                   33902.
    Leon (FEMA Docket No. D-7517).  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 (FEMA Docket     City of Macon........  September 25, 2001,    The Honorable Jack Ellis,   Jan. 1, 2002.........  130011 E
     No. D-7517).                                           October 4, 2001, The   Mayor of the City of
                                                            Macon Telegraph.       Macon, 700 Poplar Street,
                                                                                   Macon, Georgia 31201.
    Gwinnett (FEMA Docket No. D-    Unincorporated Areas.  August 23, 2001,       Mr. Wayne Hill, Chairman    Nov. 29, 2001........  130322 C
     7515).                                                 August 30, 2001,       of the Gwinnett County
                                                            Gwinnett Daily Post.   Board of Commissioners,
                                                                                   Justice and
                                                                                   Administration Center, 75
                                                                                   Langley Drive,
                                                                                   Lawrenceville, Georgia
                                                                                   30045.

[[Page 11048]]

 
    Gwinnett (FEMA Docket No. D-    Unincorporated Areas.  September 27, 2001,    Mr. Wayne Hill, Chairman    Sept. 20, 2001.......  130322 B&C
     7517).                                                 October 4, 2001,       of the Gwinnett County
                                                            Gwinnett Daily Post.   Board of Commissioners,
                                                                                   Justice and
                                                                                   Administration Center, 75
                                                                                   Langley Drive,
                                                                                   Lawrenceville, Georgia
                                                                                   30045.
Kentucky: Whitley (FEMA Docket No.  City of Williamsburg.  August 17, 2001,       The Honorable Bill          Aug. 10, 2001........  210228 B
 D-7515).                                                   August 24, 2001,       Nighbert, Mayor of the
                                                            Times Tribune.         City of Williamsburg,
                                                                                   P.O. Box 119,
                                                                                   Williamsburg, Kentucky
                                                                                   40769.
Maine:
    York (FEMA Docket No. D-7517).  Town of Alfred.......  September 27, 2001,    Mr. Perley Yeaton,          Sept. 19, 2001.......  230191C
                                                            October 4, 2001, The   Chairperson of the Board
                                                            Sanford News.          of Selectmen for the Town
                                                                                   of Alfred, P.O. Box 667,
                                                                                   Alfred, Maine 04002.
    Knox (FEMA Docket No. D-7517).  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.
Michigan: Wayne (FEMA Docket No. D- Township of Canton...  October 18, 2001,      Mr. Thomas J. Yack,         Jan. 24, 2002........  260219 B
 7517).                                                     October 25, 2001,      Township of Canton
                                                            The Observer &         Supervisor, 1150 South
                                                            Eccentric.             Canton Center Road,
                                                                                   Canton, Michigan 48188.
North Carolina: Gaston (FEMA        City of Gastonia.....  August 29, 2001,       Mayor of the City of        Dec. 5, 2001.........  370100D
 Docket No. D-7515).                                        September 5, 2001,     Gastonia, P.O. Box 1748,
                                                            The Gaston Gazette.    181 South Street,
                                                                                   Gastonia, North Carolina
                                                                                   28053-1748.
Ohio: Warren (FEMA Docket No. D-    City of Mason........  September 5, 2001,     The Honorable John          Aug. 30, 2001........  390559 C
 7517).                                                     September 12, 2001,    McCurley, Mayor of the
                                                            Pulse-Journal.         City of Mason, 202 West
                                                                                   Main Street, Mason, Ohio
                                                                                   45040.
Puerto Rico:
    (FEMA Docket No. D-7517)......  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.
    (FEMA Docket No. D-7517)......  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 (FEMA Docket No. D-    Unincorporated Areas.  September 5, 2001,     Mr. Joe King, Florence      Dec. 12, 2001........  450076 B
     7517).                                                 September 12, 2001,    County Administrator, 180
                                                            The News Journal.      North Irby Street MSC-G,
                                                                                   Florence, South Carolina
                                                                                   29501.
    Florence (FEMA Docket No. D-    City of Lake City....  September 5, 2001,     Mr. George Simmons, Lake    Dec. 12, 2001........  450079 C
     7517).                                                 September 12, 2001,    City Administrator, 202
                                                            The News Journal.      Kelly Street, Lake City,
                                                                                   South Carolina 29560.
    Lexington (FEMA Docket No. D-   Unincorporated Areas.  August 20, 2001,       Mr. Bruce Rucker,           Aug. 13, 2001........  450129D
     7515).                                                 August 27, 2001, The   Lexington County Council
                                                            State.                 Chairman, 212 South Lake
                                                                                   Drive, Lexington, South
                                                                                   Carolina 29072.
Tennessee: Sullivan (FEMA Docket    Town of Kingsport....  August 23, 2001,       The Honorable Jeanette      Aug. 16, 2001........  470184D
 No. D-7515).                                               August 30, 2001,       Blazier, Mayor of the
                                                            Kingsport Times.       City of Kingsport, 225
                                                                                   West Center Street, City
                                                                                   Hall, Kingsport,
                                                                                   Tennessee 37660-4237.
Virginia: Fauquier (FEMA Docket     Unincorporated Areas.  October 18, 2001,      Mr. G. Robert Lee,          Jan. 24, 2002........  510055 A
 No. D-7517).                                               October 25, 2001       Fauquier County
                                                            Fauquier Citizen.      Administrator, 40
                                                                                   Culpeper Street,
                                                                                   Warrenton, Virginia 20186.
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[[Page 11049]]

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

    Dated: March 5, 2002.
Robert F. Shea,
Acting Administrator, Federal Insurance and Mitigation Administration.
[FR Doc. 02-5834 Filed 3-11-02; 8:45 am]
BILLING CODE 6718-04-P