Federal Register: RULES Flood elevation determinations: [44 CFR Part 65]

FEDERAL EMERGENCY MANAGEMENT AGENCY

Federal Emergency Management Agency

CFR Citation: 44 CFR Part 65

Docket ID: [Docket No. FEMA-D-7515]

NOTICE: RULES

ACTION: Flood elevation determinations:

DOCUMENT ACTION: Interim rule.

SUBJECT CATEGORY: Changes in Flood Elevation Determinations

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 Administrator for Federal Insurance and Mitigation Administration reconsider the changes. The modified elevations may be changed during the 90day period.

DOCUMENT 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.

SUMMARY: Various States,

SUPPLEMENTAL 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 Administrator for 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 newspaper where Chief executive officer Effective date of State and county Location notice was of community modification Community number published Florida: Duval.................. City of August 8, 2001; The Honorable John A. August 1, 2001............... 120077D&E Jacksonville. August 15, 2001; Delaney, Mayor of the Financial News and City of Jacksonville, Daily Record. 117 West Duval Street, Suite 400, Jacksonville, Florida 32202. Georgia: Gwinnett............... Unincorporated August 23, 2001; Mr. Wayne Hill, Chairman November 29, 2001............ 130322D Areas. August 30, 2001; of the Gwinnett County Gwinnett Daily Board of Commissioners, Post. Justice and Administration Center, 75 Langley Drive, Lawrenceville, Georgia 30045. Kentucky: Whitley............... City of August 17, 2001; The Honorable Bill August 10, 2001.............. 210228D Williamsburg. August 24, 2001; Nighbert, Mayor of the Times Tribune. City of Williamsburg, P.O. Box 119, Williamsburg, Kentucky 40769. Maine: York..................... Town of Alfred..... September 27, 2001; Mr. Perley Yeaton, September 19, 2001........... 230191C October 4, 2001; Chairperson of the The Sanford News. Board of Selectmen for the Town of Alfred, P.O. Box 667, Alfred, Maine 04001. Mississippi: Madison............ City of Ridgeland.. May 17, 2001; May The Honorable Gene F. May 10, 2001................. 280110 D 24, 2001; Madison McGee, Mayor of the County Journal. City of Ridgeland, P.O. Box 217, Ridgeland, Mississippi 39158. North Carolina:

Wake........................ Town of Cary....... August 2, 2001; The Honorable Glenn D. July 26, 2001................ 370238D August 9, 2001; Lang, Mayor of the Town The Cary News. of Cary, 318 North Academy Street, P.O. Box 8005, Cary, North Carolina 27512. Dare....................... Unincorporated August 23, 2001; Mr. Moncie L. Daniels, August 16, 2001.............. 375348E Areas. August 30, 2001; Chairman of the Board Coastland Times. of Commissioners, P.O. Box 1000, Manteo, North Carolina 27954. Wake....................... Town of Garner..... July 18, 2001; July Ms. Mary Lou Rand, Town July 11, 2001................ 370240 D 25, 2001; The News Manager, P.O. Box 446, and Observer. 900 Seventh Avenue, Garner, North Carolina 27529. Gaston..................... City of Gastonia... August 29, 2001; Mayor of the City of December 5, 2001............. 370100D September 5, 2001; Gastonia, P.O. Box The Gaston Gazette. 1748, 181 South Street, Gastonia, North Carolina 280531748. Wake....................... City of Raleigh.... July 18, 2001; July The Honorable Paul Y. July 11, 2001................ 370243 D 25, 2001; The News Coble, Mayor of the and Observer. City of Raleigh, P.O. Box 590, 222 West Hargett Street, Raleigh, North Carolina 27602. Wake....................... Unincorporated July 18, 2001; July Mr. David Cooke, Wake July 11, 2001................ 370368 D Areas. 25, 2001; The News County Manager, Suite and Observer. 1100, 337 South Salisbury Street, Raleigh, North Carolina 27602. Ohio: Warren.................... City of Mason...... September 5, 2001; The Honorable John August 30, 2001.............. 390559C September 12, McCurley, Mayor of the 2001; Pulse City of Mason, 202 West Journal. Main Street, Mason, Ohio 45040. South Carolina:
Lexington.................. City of Columbia... August 20, 2001; The Honorable Robert D. August 13, 2001.............. 450172D August 27, 2001; Cole, Mayor of the City The State. of Columbia, P.O. Box 147, Columbia, South Carolina 29201.

Lexington................... Unincorporated August 20, 2001; Mr. Bruce Rucker, August 13, 2001.............. 450129D Areas. August 27, 2001; Lexington County The State. Council Chairman, 212 South Lake Drive, Lexington, South Carolina 29072. Tennessee: Sullivan............. Town of Kingsport.. August 23, 2001; The Honorable Jeanette August 16, 2001.............. 470184D August 30, 2001; Blazier, Mayor of the Kingsport Times. City of Kingsport, 225 West Center Street, City Hall, Kingsport, Tennessee 376604237. Virginia: Rockingham............ Unincorporated September 21, 2001; Mr. Pablo Cuevas, October 12, 2001............. 510133B Areas. Daily News Record. Chairman of the Board of Supervisors, Rockingham County P.O. Box 1252 Harrisonburg, Virginia 22801. [[Page 53114]]
(Catalog of Federal Domestic Assistance No. 83.100, ``Flood Insurance'')

Dated: October 9, 2001.
Robert F. Shea,
Acting Administrator, Federal Insurance and Mitigation Administration. [FR Doc. 0126424 Filed 101801; 8:45 am] BILLING CODE 671804P

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) 6463461, or (email) matt.miller@fema.gov.