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FEDERAL EMERGENCY MANAGEMENT AGENCY

Federal Emergency Management Agency

CFR Citation: 44 CFR Part 65

NOTICE: RULES

ACTION: Flood elevation determinations:

DOCUMENT ACTION: Final rule.

SUBJECT CATEGORY: Changes in Flood Elevation Determinations

DOCUMENT SUMMARY: Modified base (1% annual chance) flood elevations are finalized for the communities listed below. These modified elevations will be used to calculate flood insurance premium rates for new buildings and their contents.
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SUMMARY: Various States,

SUPPLEMENTAL INFORMATION

The Federal Emergency Management Agency makes the final determinations listed below of modified base flood elevations for each community listed. These modified elevations have been published in newspapers of local circulation and ninety (90) days have elapsed since that publication. The Acting Executive Associate Director has resolved any appeals resulting from this notification.

The modified base flood elevations are not listed for each community in this notice. However, this rule includes the address of the Chief Executive Officer of the community where the modified base flood elevation determinations are available for inspection.

The modifications are made pursuant to section 206 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.

These modified elevations are used to meet the floodplain management requirements of the NFIP and are also used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in these buildings.

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 NFIP. No regulatory flexibility analysis has been prepared.

Regulatory Classification

This final 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 newspaper where Chief executive officer State and county Location notice was of community Effective date of modification Community No. published Florida: Duval (FEMA Docket No. City of August 8, 2001; The Honorable John A. August 1, 2001................ 120077D&E D7515). 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. Illinois:

Cook (FEMA Docket No. D7513 Unincorporated August 9, 2001; Mr. John H. Stroger, November 15, 2001............. 170054 F Areas. August 16, 2001; Jr., President of the Northbrook Star. Cook County Board of Commissioners, 118 North Clark Street, Room 537, Chicago, Illinois 60602.

Williamson (FEMA Docket No. City of Marion..... July 30, 2001; The Honorable Robert November 5, 2001.............. 170719 B D7513). August 6, 2001; Butler, Mayor of the The Marion Daily City of Marion, City Republican. Hall, 1102 Tower Square Plaza, Marion, Illinois 62959. Indiana:

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Rush (FEMA Docket No. D Unincorporated July 31, 2001; Mr. Kenneth Brashaber, July 20, 2001................. 180421 B 7513). Areas. August 7, 2001; President of the Rush Rushville County Board of Republican. Commissioners, County Courthouse, 101 East Second Street, Rushville, Indiana 46173.

Rush (FEMA Docket No. D City of Rushville.. July 31, 2001; The Honorable Robert M. July 20, 2001................. 180223 B 7513). August 7, 2001; Bridges, Mayor of the Rushville City of Rushville, Republican. Rushville City Hall, 133 West First Street, Rushville, Indiana 46173. New Jersey: Morris (FEMA Docket Borough of Madison. March 22, 2001; The Honorable John J. June 12, 2001................. 340347 B No. D7511). March 29, 2001; Dunne, Mayor of the Madison Eagle. Borough of Madison, Hartley Dodge Memorial, 50 Kings Road, Madison, New Jersey 07940. Pennsylvania: Dauphin (FEMA Township of East August 3, 2001; Mr. George Rish, November 9, 2001.............. 420377 B Docket No. D7513). Hanover. August 10, 2001; Township of Hanover Patriot News. Board of Supervisors, 8848 Jonestown Road, Grantville, Pennsylvania 17028. Puerto Rico:
(FEMA Docket No. D7511).... Commonwealth....... June 19, 2001; June The Honorable Rafael September 26, 2001............ 720000 D 26, 2001; San Juan Cordero Santiago, Mayor Star. of the Municipality of Ponce, P.O. Box 1709, Ponce, Puerto Rico 007331709. (FEMA Docket No. D7513).... Commonwealth....... August 3, 2001; The Honorable Sila Maria November 9, 2001.............. 720000 B August 10, 2001; Calderon, Governor of San Juan Star. Puerto Rico, Post Office Box 9020082, La Fortaleza, San Juan, Puerto Rico 00902. South Carolina: Lexington (FEMA City of Columbia... August 20, 2001; The Honorable Robert D. August 13, 2001............... 450172D Docket No. D7515). August 27, 2001; Coble, Mayor of the The State. City of Columbia, P.O. Box 147, Columbia, South Carolina 29201. (Catalog of Federal Domestic Assistance No. 83.100, ``Flood Insurance.'')

Dated: January 29, 2002.
Robert F. Shea,
Acting Administrator, Federal Insurance and Mitigation Administration. [FR Doc. 022666 Filed 2402; 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.