[Federal Register Volume 67, Number 174 (Monday, September 9, 2002)]
[Rules and Regulations]
[Pages 57174-57177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22823]


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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 65

[Docket No. FEMA-D-7527]


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 Administrator 
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

[[Page 57175]]

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 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     Effective date of       Community No.
                                                            notice was published         of community            modification
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Alabama: Lee......................  City of Auburn.......  August 1, 2002,        The Honorable Bill Ham,    May 20, 2002........  010144 E
                                                            August 8, 2002,        Jr., Mayor of the City
                                                            Opelika-Auburn News.   of Auburn, 144 Tichenor
                                                                                   Avenue, Auburn, Alabama
                                                                                   36830.
Connecticut: Fairfield............  City of Danbury......  June 6, 2002, June     The Honorable Mark D.      September 12, 2002..  090004 B
                                                            13, 2002 The News-     Boughton, Mayor of the
                                                            Times.                 City of Danbury, 155
                                                                                   Deer Hill Avenue,
                                                                                   Danbury, Connecticut
                                                                                   06810.
Florida: Broward..................  City of Parkland.....  July 8, 2002, July     The Honorable Sal          July 1, 2002........  120051 F
                                                            15, 2002, Sun-         Pagliara, Mayor of the
                                                            Sentinel.              City of Parkland, 6600
                                                                                   University Drive,
                                                                                   Parkland, Florida 33067.
Florida: Broward..................  Unincorporated Areas.  July 8, 2002, July     Mr. Roger J. Desjarlais,   July 1, 2002........  125093 F
                                                            15, 2002, Sun-         Broward County
                                                            Sentinel.              Administrator, 115 South
                                                                                   Andrews Avenue, Room
                                                                                   409, Fort Lauderdale,
                                                                                   Florida 33301.
Florida: Clay.....................  Unincorporated Areas.  July 24, 2002, July    Mr. Robert M. Wilson,      July 17, 2002.......  120064 D
                                                            31, 2002, The          Clay County Manager,
                                                            Florida Times-Union.   P.O. Box 1366, Green
                                                                                   Cove Springs, Florida
                                                                                   32043.
Florida: Lee......................  Unincorporated Areas.  June 28, 2002, July    Mr. Robert Janes,          June 21, 2002.......  125124 D&E
                                                            5, 2002, News-Press.   Chairman of the Lee
                                                                                   County, Board of
                                                                                   Commissioners, P.O. Box
                                                                                   398, Fort Myers, Florida
                                                                                   33902-0398.
Florida: Polk.....................  City of Lakeland.....  April 3, 2002, April   Mr. Roger D. Haar, City    March 27, 2002......  120267 F
                                                            10, 2002, The Ledger.  Manager for the City of
                                                                                   Lakeland, Lakeland City
                                                                                   Hall, 228 South
                                                                                   Massachusetts Avenue,
                                                                                   Lakeland, Florida 33801-
                                                                                   5086.
Florida: Polk.....................  Unincorporated Areas.  August 1, 2002,        Mr. Jim W. Keene, Polk     May 14, 2002........  120261 F
                                                            August 8, 2002, The    County Manager, 330 West
                                                            Ledger.                Church Street, P.O. Box
                                                                                   9005, Drawer CA01,
                                                                                   Bartow, Florida 33831-
                                                                                   9005.
Illinois: LaSalle.................  City of Ottawa.......  July 3, 2002, July     The Honorable Robert       July 25, 2002.......  170405 E
                                                            10, 2002, The Daily    Eschbach, Mayor of the
                                                            Times.                 City of Ottawa, City
                                                                                   Hall, 301 West Madison
                                                                                   Street, Ottawa, Illinois
                                                                                   61350.
Kentucky: Daviess.................  City of Owensboro....  August 5, 2002,        The Honorable Waymond O.   November 11, 2002...  210063 C
                                                            August 12, 2002,       Morris, Mayor of the
                                                            Messenger-Inquirer.    City of Owensboro, P.O.
                                                                                   Box 1003, Owensboro,
                                                                                   Kentucky 42303-9003.

[[Page 57176]]

 
Maine: Penobscot..................  City of Brewer.......  June 4, 2002, June     The Honorable Michael      September 10, 2002..  230104 B
                                                            11, 2002, Bangor       Celli, Mayor of the City
                                                            Daily News.            of Brewer, City Hall, 80
                                                                                   North Main Street,
                                                                                   Brewer, Maine 04412.
Maryland: Frederick...............  Unincorporated Areas.  July 22, 2002, July    Mr. Ron Hart, Frederick    ....................  240027 A
                                                            29, 2002, Frederick    County Manager, 12 East
                                                            News Post.             Church Street,
                                                                                   Frederick, Maryland
                                                                                   21701.
Michigan: Oakland.................  City of Novi.........  July 4, 2002, July     The Honorable Richard      June 25, 200........  260175 C
                                                            11, 2002, Novi News.   Clark, Mayor of the City
                                                                                   of Novi, Civic Center,
                                                                                   45175 West Ten Mile
                                                                                   Road, Novi, Michigan
                                                                                   48375-3024.
Michigan: Macomb..................  City of Sterling       June 9, 2002, June     The Honorable Richard J.   July 3, 2002........  260128 E
                                     Heights.               16, 2002, The Source.  Notte, Mayor of the City
                                                                                   of Sterling Heights,
                                                                                   P.O. Box 8009, 40555
                                                                                   Utica Road, Sterling
                                                                                   Heights, Michigan 48311-
                                                                                   8009.
Mississippi: Lafayette............  City of Oxford.......  May 22, 2002, May 29,  The Honorable Richard      August 21, 2002.....  280094 B
                                                            2002, Oxford Eagle.    Howorth, Mayor of the
                                                                                   City of Oxford, City
                                                                                   Hall, 107 Courthouse
                                                                                   Square, Oxford,
                                                                                   Mississippi 38655.
New York: Steuben.................  Town of Campbell.....  June 28, 2002, July    Mr. Thomas O. Bosket,      December 20, 2002...  360768 C
                                                            5, 2002, The Leader.   Supervisor of the Town
                                                                                   of Campbell, 8529 Main
                                                                                   Street, Campbell, New
                                                                                   York 14821.
Ohio: Franklin....................  Unincorporated Areas.  June 5, 2002, June     Ms. Arline Shoemaker,      September 11, 2002..  390167 G
                                                            12, 2002, Daily        President, Franklin
                                                            Reporter.              County Board of
                                                                                   Commissioners, 373 South
                                                                                   High Street, 26th Floor,
                                                                                   Columbus, Ohio 43215.
Ohio: Franklin....................  Village of Urbancrest  June 5, 2002, June     The Honorable Marlin R.    September 11, 2002..  390893 G
                                                            12, 2002, Grove City   West, Mayor of the
                                                            Record.                Village of Urbancrest,
                                                                                   3357 Central Avenue,
                                                                                   Urbancrest, Ohio 43123.
Pennsylvania: Allegheny...........  City of Pittsburgh...  July 9, 2002, July     The Honorable Thomas       October 15, 2002....  4200063
                                                            16, 2002, Pittsburgh   Murphy, Mayor of the
                                                            Post Gazette.          City of Pittsburgh, 5th
                                                                                   Floor, City-County
                                                                                   Building, 414 Grant
                                                                                   Street, Pittsburgh,
                                                                                   Pennsylvania 15219.
Pennsylvania: Bucks...............  Borough of Richland..  August 14, 2002,       Mr. Steven Tamburri,       November 20, 2002...  421095 F
                                                            August 21, 2002, The   Chairman of the Township
                                                            Intelligencer.         of Richland, Board of
                                                                                   Supervisors, Suite A,
                                                                                   1328 California Road,
                                                                                   Quakertown, Pennsylvania
                                                                                   18951.
Rhode Island: Washington..........  Town of Westerly.....  June 19, 2002, June    Mr. Samuel Azzinaro,       June 12, 2002.......  445410 E
                                                            26, 2002, The          Westerly Town Council
                                                            Westerly Sun.          President, Westerly Town
                                                                                   Hall, 45 Broad Street,
                                                                                   Westerly, Rhode Island
                                                                                   02891.
Tennessee: Fayette................  Unincorporated Areas.  May 22, 2002, May 29,  The Honorable Jim Voss,    August 28, 2002.....  470352 B
                                                            2002, The Fayette      Mayor of Fayette County,
                                                            Falcon.                P.O. Box 218,
                                                                                   Somerville, Tennessee
                                                                                   38068.
Tennessee: Sumner and Davison.....  City of                August 5, 2002,        The Honorable Bobby T.     November 22, 2002...  470287 F
                                     Goodlettsville.        August 12, 2002, The   Jones, Mayor of the City
                                                            Tennessean.            of Goodlettsville, 105
                                                                                   South Main Street,
                                                                                   Goodlettsville,
                                                                                   Tennessee 37072.
Virginia: Loudoun.................  Unincorporated Areas.  June 12, 2002, June    Mr. Kirby Bowers, Loudoun  June 3, 2002........  510090 D
                                                            19, 2002, Loudoun      County Administrator, 1
                                                            Times Mirror.          Harrison Street, S.E.,
                                                                                   5th Floor, P.O. Box
                                                                                   7000, Leesburg, Virginia
                                                                                   20177-7000.
Virginia: Henrico.................  Unincorporated Areas.  July 19, 2002, July    Mr. James B. Donati, Jr.,  October 25, 2002....  510077 B
                                                            26, 2002, The          Chairman of the Henrico
                                                            Richmond Times.        County, Board of
                                                                                   Supervisors, P.O. Box
                                                                                   27032, Richmond,
                                                                                   Virginia 23273.
Virginia: Prince William..........  Town of Dumfries.....  August 9, 2002,        The Honorable Melvin       July 31, 2002.......  510120 D
                                                            August 16, 2002,       Bray, Mayor of the Town
                                                            Potomac News.          of Dumfries, P.O. Box
                                                                                   56, Dumfries, Virginia
                                                                                   22026.
Virginia: Fauquier................  Town of Warrenton....  August 15, 2002,       Mr. Kenneth L. McLawhon,   July 16, 2002.......  510057 B
                                                            August 22, 2002,       Warrenton Town Manager,
                                                            Fauquier Citizen.      18 Court Street,
                                                                                   Warrenton, Virginia
                                                                                   20186.
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[[Page 57177]]

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

    Dated: August 30, 2002.
Anthony S. Lowe,
Administrator, Federal Insurance and Mitigation Administration.
[FR Doc. 02-22823 Filed 9-6-02; 8:45 am]
BILLING CODE 6718-04-P