[Federal Register Volume 67, Number 98 (Tuesday, May 21, 2002)]
[Rules and Regulations]
[Pages 35743-35745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12656]


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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 65

[Docket No. FEMA-D-7523]


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 (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 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.

[[Page 35744]]


    Accordingly, 44 CFR Part 65 is amended 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.


 65.4  [Amended]

    2. The tables published under the authority of  65.4 
are amended as follows:

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                                                         Dates and name of
                                                          newspaper where     Chief executive officer
         State and county                Location            notice was            of  community       Effective date of modification    Community No.
                                                             published
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Connecticut: Fairfield...........  Town of Greenwich..  February 11, 2002,   Mr. Richard               Feb. 4, 2002..................  090008 C
                                                         February 18, 2002,   Bergstresser, First
                                                         Greenwich Times.     Selectman for the Town
                                                                              of Greenwich, 101 Field
                                                                              Point Road, Greenwich,
                                                                              Connecticut 06830.
Delaware: New Castle.............  Unincorporated       March 25, 2002,      Mr. Thomas P. Gordon,     July 1, 2002..................  105085 D
                                    Areas.               April 1, 2002, The   New Castle County
                                                         News Journal.        Executive, New Castle
                                                                              County Government
                                                                              Center, 87 Reads Way,
                                                                              New Castle, Delaware
                                                                              19720.
Illinois: Kane...................  City of Geneva.....  March 6, 2002,       The Honorable Kevin       June 12, 2002.................  170325 B
                                                         March 13, 2002,      Burns, Mayor of the
                                                         Kane County          City of Geneva, 22
                                                         Chronicle.           South First Street,
                                                                              Geneva, Illinois 60134.
Indiana:
    DeKalb.......................  Unincorporated       February 26, 2002,   Ms. Connie Miles,         Mar. 28, 2002.................  18044 B
                                    Areas.               The Evening Star.    President of the County
                                                                              Commissioners, 100
                                                                              South Main Street,
                                                                              Auburn, Indiana.
    Hamilton.....................  Town of Westifeld..  April 12, 2002,      Mr. Michael McDonald,     July 19, 2002.................  180083 C
                                                         April 19, 2002,      Town of Westfield
                                                         The Daily Ledger.    Council President, 130
                                                                              Penn Street, Westfield,
                                                                              Indiana 46074.
Maryland:
    Montgomery...................  City of Rockville..  March 6, 2002,       The Honorable Larry       Feb. 22, 2002.................  200051 B
                                                         March 13, 2002,      Giammo, Mayor of the
                                                         Rockville Gazette.   City of Rockville,
                                                                              Rockville City Hall,
                                                                              111 Maryland Avenue,
                                                                              Rockville, Maryland
                                                                              28050.
    Howard.......................  Unincorporated       December 13, 2001,   Mr. James N. Robey,       Nov. 28, 2001.................  240044 B
                                    Areas.               December 20, 2001,   Howard County
                                                         The Howard County    Executive, 3430
                                                         Times.               Courthouse Drive,
                                                                              Ellicott City, Maryland
                                                                              21043.
New York: Queensbury.............  Town of Queensbury.  February 13, 2002,   Mr. Dennis Brower,        Aug. 6, 2002..................  360879 B
                                                         February 20, 2002,   Supervisor for the Town
                                                         The Post-Star.       of Queensbury, 742 Bay
                                                                              Road, Queensbury, New
                                                                              York 12804.
Ohio: Hamilton...................  Unincorporated       April 12, 2002,      Mr. David J. Krings,      April 4, 2002.................  390204 B
                                    Areas.               April 19, 2002,      Hamilton County
                                                         The Cincinnati       Administrator, 138 East
                                                         Enquirer.            Court Street, Room 603,
                                                                              Cincinnati, Ohio 45202.
Pennsylvania:
    Chester......................  Township of East     April 25, 2002, May  Mr. John T. Jordan,       August 1, 2002................  420276 D
                                    Bradford.            2, 2002, Daily       Chairman of the
                                                         Local News.          Township of East
                                                                              Bradford Board of
                                                                              Supervisors, 666
                                                                              Copeland School Road,
                                                                              West Chester,
                                                                              Pennsylvania 19380.
    Bucks........................  Township of          April 23, 2002, The  Mr. Ken Bennington,       May 24, 2002..................  420189 D
                                    Hilltown.            Intelligencer.       Chairman of the
                                                                              Township of Hilltown
                                                                              Board of Supervisors,
                                                                              13 West Creamery Road,
                                                                              Hilltown, Pennsylvania
                                                                              18297.
    Lehigh.......................  Township of          March 11, 2002,      Mr. Gabriel Khalife,      June 17, 2002.................  450591 D
                                    Salisbury.           March 18, 2002,      Manager of the Township
                                                         Morning Call.        of Salisbury, 2900
                                                                              South Pike Avenue,
                                                                              Allentown, Pennsylvania
                                                                              18103.
    Chester......................  Township of          April 17, 2002,      Mr. Robert T. Lang,       April 1, 2002.................  422282 D
                                    Willistown.          April 24, 2002,      Chairman of the
                                                         Daily Local News.    Township of Willistown
                                                                              Board of Supervisors,
                                                                              688 Sugartown Road,
                                                                              Malvern, Pennsylvania
                                                                              19335.
Puerto Rico......................  Commonwealth.......  November 16, 2001,   The Honorable Sila Maria  Nov. 7, 2002..................  720000 E
                                                         November 23, 2001,   Calderon, Governor of
                                                         The San Juan Star.   the Commonwealth of
                                                                              Puerto Rico, Office of
                                                                              the Governor, P.O. Box
                                                                              9020082, San Juan,
                                                                              Puerto Rico 00901.

[[Page 35745]]

 
Virginia:
    Prince William...............  Unincorporated       April 19, 2002,      Mr. Craig Gerhart,        April 3, 2002.................  510119 D
                                    Areas.               April 26, 2002,      Prince William County
                                                         Potomac News.        Executive, 1 County
                                                                              Complex Court, Prince
                                                                              William, Virginia 22192.
    Prince William...............  Unincorporated       February 7, 2002,    Mr. Craig Gerhart,        May 16, 2002..................  510119 D
                                    Areas.               February 14, 2002,   Prince William County
                                                         Potomac News.        Executive, 1 County
                                                                              Complex Court, Prince
                                                                              William, Virginia 22192.
    Fauquier.....................  Town of Warrenton..  March 21, 2002,      Mr. John Anzivino,        Mar. 5, 2002..................  510057 B
                                                         March 28, 2002,      Warrenton Town Manager,
                                                         Fauquier Citizen.    Municipal Building, 18
                                                                              Court Street,
                                                                              Warrenton, Virginia
                                                                              20186.
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(Catalog of Federal Domestic Assistance No. 83.100, "Flood 
Insurance.")

    Dated: May 15, 2002.
Robert F. Shea,
Acting Administrator, Federal Insurance and Mitigation Administration.
[FR Doc. 02-12656 Filed 5-20-02; 8:45 am]
BILLING CODE 6718-04-P