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-7517]

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 Executive Associate Director reconsider the changes. The modified elevations may be changed during the 90day period.

DOCUMENT SUMMARY: This interim rule lists communities where modification of the [[Page 65108]]
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, 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 Connecticut: Fairfield............ Town of Greenwich.... November 15, 2001, Ms. Lolly H. Prince, First Nov. 5, 2001........ 090008 D&E November 22, 2001, Selectman of the Town of Greenwich Times. Greenwich, 101 Field Point Road, Greenwich, Connecticut 06830. Florida:

Lee........................... Unincorporated Areas. September 27, 2001, Mr. Doug St. Cerny, Sept. 20, 2001...... 125124 E October 4, 2001, Chairman of the Lee NewsPress. County, Board of County Commissioners, P.O. Box 398, Fort Myers, Florida 33902.

Leon.......................... 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 323011731. Georgia:

Bibb and Jones................ City of Macon........ September 25, 2001, The Honorable Jack Ellis, Jan. 1, 2002........ 130011 D October 4, 2001, The Mayor of the City of Macon Telegraph. Macon, 700 Poplar Street, Macon, Georgia 31201. [[Page 65109]]

Gwinnett...................... Unincorporated Areas. September 27, 2001, Mr. Wayne Hill, Chairman Sept. 20, 2001...... 130322 D October 4, 2001, of the Gwinnett County Gwinnett Daily Post. Board of Commissioners, Justice and Administration Center, 75 Langley Drive, Lawrenceville, Georgia 30045. Maine:

York.......................... Town of Alfred....... September 27, 2001, Mr. Perley Yeaton, Sept. 19, 2001...... 230191 C October 4, 2001, The Chairperson of the Board Sanford News. of Selectmen for the Town of Alfred, P.O. Box 667, Alfred, Maine 04001.

Knox.......................... 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 CourierGazette. 131, Tenants Harbor, Maine 04860. Maryland:

Frederick..................... Unincorporated Areas. November 14, 2001, Mr. Ron Hart, Frederick Oct. 30, 2001....... 240027 B November 21, 2001, County Manager, 12 East Frederick News Post. Church Street, Frederick, Maryland 21701.

Frederick..................... City of Frederick.... November 14, 2001, The Honorable James Oct. 30, 2001....... 240030 B November 21, 2001, Grimes, Mayor of the City Frederick News Post. of Frederick, 101 North Court Street, Frederick, Maryland 21701. Michigan: Wayne................... Township of Canton... October 18, 2001, Mr. Thomas J. Yack, Jan. 24, 2002....... 260219 B October 25, 2001, Township of Canton The Observer & Supervisor, 1150 South Eccentric. Canton Center Road, Canton, Michigan 48188. New Jersey: Cape May.............. City of North October 10, 2001, The Honorable Aldo A. Sept. 19, 2001...... 345308 E Wildwood. October 17, 2001, Palombo, Mayor of the The Leader. City of North Wildwood, Municipal Building, 901 Atlantic Avenue, North Wildwood, New Jersey 08260. New York: Monroe.................. Town of Greece....... November 29, 2001, Mr. John Auberger, May 2, 2002......... 360417 E December 6, 2001, Supervisor of the Town of Greece Post. Greece, One Vince Tofany Boulevard, Rochester, New York 14616. Ohio: Warren...................... City of Mason........ September 5, 2001, The Honorable John Aug. 30, 2001....... 390559 C September 12, 2001, McCurley, Mayor of the PulseJournal. City of Mason, 202 West Main Street, Mason, Ohio 45040. Puerto Rico:
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. 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. 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...................... City of Lake City.... September 5, 2001, Mr. George Simmons, Lake Dec. 12, 2001....... 450075 D September 12, 2001, City Administrator, 202 The News Journal. Kelly Street, Lake City, South Carolina 29560.

Florence...................... Unincorporated Areas. September 5, 2001, Mr. Joe King, Florence Dec. 12, 2001....... 450079 D September 12, 2001, County Administrator, 180 The News Journal. North Irby Street MSCG, Florence, South Carolina 29501. U.S. Virgin Islands............... Island of St. Croix.. November 1, 2001, The Honorable Charles W. Oct. 25, 2001....... 78000 D November 8, 2001, Turnbull, Governor of the The Daily News. U.S. Virgin Islands, Government House, 2122 Kongens Gade, St. Thomas, Virgin Islands 00802. Virginia:

Fauquier...................... Unincorporated Areas. October 18, 2001, Mr. G. Robert Lee, Jan. 24, 2002....... 510055 A October 25, 2001, Fauquier County Fauquier Citizen. Administrator, 40 Culpeper Street, Warrenton, Virginia 20186. [[Page 65110]]

Henrico....................... Unincorporated Areas. October 26, 2001, Mr. Richard Glover, Oct. 12, 2001....... 510077 B November 1, 2001, Chairman of the Henrico The Richmond Times. County, Board of Supervisors, P.O. Box 27032, Richmond, Virginia 23273. (Catalog of Federal Domestic Assistance No. 83.100, ``Flood Insurance.'')

Dated: December 11, 2001.
Robert F. Shea,
Acting Administrator, Federal Insurance and Mitigation Administration. [FR Doc. 0131030 Filed 121701; 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.