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FEDERAL EMERGENCY MANAGEMENT AGENCY

Federal Emergency Management Agency

CFR Citation: 44 CFR Part 65

Docket ID: [Docket No. FEMA-D-7529]

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 Administrator 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 [[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. 0225961 Filed 101002; 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.