[Federal Register Volume 67, Number 198 (Friday, October 11, 2002)]
[Rules and Regulations]
[Pages 63273-63275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25961]


-----------------------------------------------------------------------

FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 65

[Docket No. FEMA-D-7529]


Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, FEMA.

ACTION: Interim rule.

-----------------------------------------------------------------------

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 (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

[[Page 63274]]

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 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:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Dates and name of
         State and county                  Location           newspaper where     Chief executive officer of    Effective date of       Community No.
                                                            notice was published           community               modification
--------------------------------------------------------------------------------------------------------------------------------------------------------
Florida:
    Seminole......................  City of Altamonte      May 1, 2002, May 8,    Mr. Phillip D. Penland,     Aug. 7, 2002.........  120290 E
                                     Springs.               2002, The Orlando      Manager of the City of
                                                            Sentinel.              Altamonte Springs, 225
                                                                                   Newburyport Avenue,
                                                                                   Altamonte Springs,
                                                                                   Florida 32701.
    Seminole......................  City of Altamonte      Aug. 30, 2002, Sep.    Mr. Phillip D. Penland,     Dec. 6, 2002.........  120290 E
                                     Springs.               6, 2002, The Orlando   Manager of the City of
                                                            Sentinel.              Altamonte Springs, 225
                                                                                   Newburyport Avenue,
                                                                                   Altamonte Springs,
                                                                                   Florida 32701.
    Seminole......................  Unincorporated Areas.  May 1, 2002, May 8,    Mr. Kevin Grace, Manager    Aug. 7, 2002.........  120289 E
                                                            2002, The Orlando      of Seminole County,
                                                            Sentinel.              County Seminole Services
                                                                                   Building, 1101 East First
                                                                                   Street, Sanford, Florida
                                                                                   32771.
    Seminole......................  Unincorporated Areas.  Aug. 30, 2002, Sep.    Mr. Kevin Grace, Manager    Dec. 6, 2002.........  120289 E
                                                            6, 2002, The Orlando   of Seminole County,
                                                            Sentinel.              County Seminole Services
                                                                                   Building, 1101 East First
                                                                                   Street, Sanford, Florida
                                                                                   32771.
Illinois:
    Kane..........................  Village of Sleepy      Aug. 9, 2002, Aug.     Mr. Stephen K. Pickett,     Aug. 1, 2002.........  170331
                                     Hollow.                16, 2002, The          Village of Sleepy Hollow
                                                            Courier News.          President, 1 Thorobred
                                                                                   Lane, Sleepy Hollow,
                                                                                   Illinois 60118.
    Kane..........................  Village of West        Aug. 9, 2002, Aug.     Mr. Larry Keller, Village   Aug. 1, 2002.........  170335
                                     Dundee.                16, 2002, The Daily    of West Dundee President,
                                                            Herald.                102 South 2nd Street,
                                                                                   West Dundee, Illinois
                                                                                   60118.
Maine: Knox.......................  Town of Camden.......  Aug. 15, 2002, Aug.    Mr. Roger Moody, Manager    July 17, 2002........  230074 B
                                                            22, 2002, The Camden   of the Town of Camden,
                                                            Herald.                P.O. Box 1207, Camden,
                                                                                   Maine 04843.
North Carolina: Wake..............  Town of Wake Forest..  May 9, 2002, May 16,   The Honorable George C.     May 2, 2002..........  370244 E
                                                            2002, The Wake         Mackie, Jr., Mayor of the
                                                            Weekly.                Town of Wake Forest, 401
                                                                                   Elm Street, Wake Forest,
                                                                                   North Carolina 27587.
Ohio: Franklin....................  City of Grove City...  June 5, 2002, June     The Honorable Cheryl        Sep. 11, 2002........  390173 G
                                                            12, 2002, Grove City   Grossman, Mayor of the
                                                            Record.                City of Grove City, 4035
                                                                                   Broadway, Grove City,
                                                                                   Ohio 43123.
--------------------------------------------------------------------------------------------------------------------------------------------------------



[[Page 63275]]

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

    Dated: September 30, 2002.
Anthony S. Lowe,
Administrator, Federal Insurance and Mitigation Administration.
[FR Doc. 02-25961 Filed 10-10-02; 8:45 am]
BILLING CODE 6718-04-P