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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.

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 Administrator has resolved many 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. [[Page 45657]]

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 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 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 State and county Location newspaper where Chief executive officer Effective date of Community number notice was published of community modification Alabama: Autauga, Elmore, City of Montgomery.. Jan. 15, 2002, Jan. The Honorable Bobby N. Apr. 23, 2002......... 010174 F Lowndes, & Montgomery (FEMA 22, 2002, The Bright, Mayor of the Docket No. D7521). Montgomery City of Montgomery, P.O. Advertiser. Box 1111, Montgomery, Alabama 361011111. Connecticut: Fairfield (FEMA Town of Greenwich... Feb. 11, 2002, Feb. Mr. Richard Bergstresser, Feb. 4, 2002.......... 090008 C Docket No. D7521). 18, 2002, Greenwich First Selectman for the Times. Town of Greenwich, 101 Field Point Road, Greenwich, Connecticut 06830. Florida:

Pinellas (FEMA Docket No. D City of St. Nov. 14, 2001, Nov. The Honorable Rick Baker, Nov. 7, 2001.......... 125148 B&C 7521). Petersburg. 21, 2001, St. Mayor of the City of St. Petersburg Times. Petersburg, P.O. Box 2842, St. Petersburg, Florida 337312842.

Leon (FEMA Docket No. D7521) City of Tallahassee. Jan. 16, 2002, Jan. The Honorable Scott Apr. 24, 2002......... 120144 D 23, 2002, Maddox, Mayor of the Tallahassee City of Tallahassee, Democrat. City Hall, 300 South Adams Street, Tallahassee, Florida 323011731.

Manatee (FEMA Docket No. D Unincorporated Areas Jan. 15, 2002, Jan. Mr. Ernie Padgett, County Jan. 7, 2002.......... 120153 C 7521). 21, 2002, Sarasota Administrator, 1112 Herald Tribune. Manatee Avenue West, P.O. Box 1000, Bradenton, Florida 34206.

Orange (FEMA Docket No. D Unincorporated Areas Jan. 16, 2002, Jan. Dr. M. Krishnamurthy, Apr. 24, 2002......... 120179 E 7521). 23, 2002, The P.E., Orange County Orlando Sentinel. Stormwater Management Department, 4200 South John Young Parkway, Orlando, Florida 32839 9205. Georgia: Harris (FEMA Docket No. Unincorporated Areas Jan. 2, 2002, Jan. Ms. Carol Silva, Harris Dec. 26, 2001......... 130338 A D7521). 9, 2002, Harris County Manager, P.O. Box County Journal. 365, Hamilton, Georgia 31811. Indiana: Noble (FEMA Docket No. D Unincorporated Areas Feb. 5, 2002, Feb. Mr. Mark Pankap, May 14, 2002.......... 180183 B 7521). 12, 2002 The Sun President of the Noble News. County Board of Commissioners, Noble County Courthouse, 101 North Orange Street, Albion, Indiana 46701. Mississippi: Forrest and Lamar City of Hattiesburg. Jan. 24, 2002, Jan. The Honorable J. Ed Jan. 16, 2002......... 280053 C (FEMA Docket No. D7521). 30, 2002, Morgan, Mayor of the Hattiesburg City of Hattiesburg, American. P.O. Box 1898, Hattiesburg, Mississippi 39403. North Carolina: Nash and Edgecomb City of Rocky Mount. Jan. 25, 2002, Feb. Mr. Stephen W. Raper, May 3, 2002........... 370092 C (FEMA Docket No. D7521). 1, 2002, Rocky Rocky Mount City Mount Telegram. Manager, P.O. Box 1180, Rocky Mount, North Carolina 278021180. Pennsylvania:

[[Page 45658]]

Carbon (FEMA Docket No. D Township of Lower Dec. 28, 2001, Jan. Mr. Glen Hahn, Chairman, Apr. 5, 2002.......... 421455 A 7521). Towamensing. 4, 2002, Times News. Township of Lower Towamensing Board of Supervisors, 595 Hahns Dairy Road, Palmerton, Pennsylvania 18701.

Carbon (FEMA Docket No. D Borough of Palmerton Dec. 28, 2001, Jan. Mr. John Vignone, Borough Apr. 5, 2002.......... 420253 A 7521). 4, 2002, Times News. of Palmerton Council President, 443 Delaware Avenue, Palmerton, Pennsylvania 18701. South Carolina: Richland (FEMA Unincorporated Areas Dec. 26, 2001, Jan. Mr. T. Cary McSwain, Dec. 19, 2001......... 450170 G Docket No. D7521). 2, 2002, The State Richland County Newspaper. Administrator, P.O. Box 192, 2020 Hampton Street, Columbia, South Carolina 29202. Tennessee:

Sumner and Davidson (FEMA City of Dec. 27, 2001, Jan. The Honorable Bobby T. Apr. 4, 2002.......... 470287 C Docket No. D7521). Goodlettsville. 3, 2002, The Jones, Mayor of the City Tennessean. of Goodlettsville, City Hall, 105 South Main Street, Goodlettsville, Tennessee 37072.

McNairy (FEMA Docket No. D Unincorporated Areas Jan. 16, 2002, Jan. Mr. Mike Smith, McNairy Apr. 24, 2002......... 470127 D 7521). 23, 2002, County Executive, Independent Appeal. McNairy County Courthouse, 170 West Court Avenue, Selmer, Tennessee 38375.

Shelby (FEMA Docket No. D Unincorporated Areas Jan. 18, 2002, Jan. The Honorable Jim Rout, Apr. 26, 2002......... 470214 E 7521). 25, 2002, Daily Mayor of Shelby County, News. 160 North Main Street, Suite 850, Memphis, Tennessee 38103. Virginia: Prince William (FEMA Unincorporated Areas Feb. 7, 2002, Feb. Mr. Craig Gerhart, Prince May 16, 2002.......... 510119 D Docket No. D7521). 14, 2002, Potomac William County News. Executive, 1 County Complex Court, Prince William, Virginia 22192. (Catalog of Federal Domestic Assistance No. 83.100, ``Flood Insurance'')

Dated: July 2, 2002.
Robert F. Shea,
Acting Administrator, Federal Insurance and Mitigation Administration. [FR Doc. 0217277 Filed 7902; 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.