Flood elevation determinations: Various States,

[Federal Register: September 9, 2002 (Volume 67, Number 174)]

[Rules and Regulations]

[Page 57174-57177]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr09se02-11]

FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 65

[Docket No. FEMA-D-7527]

Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, FEMA.

ACTION: Interim rule.

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.

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 90-day period.

ADDRESSES: The modified base flood elevations for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the following table.

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) 646-3461, or (e-mail) matt.miller@fema.gov.

SUPPLEMENTARY 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

[[Page 57175]]

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 Effective date of Community No. notice was published

   of community

   modification

   Alabama: Lee...................... City of Auburn....... August 1, 2002,

   The Honorable Bill Ham, May 20, 2002........ 010144 E August 8, 2002,

   Jr., Mayor of the City Opelika-Auburn News. of Auburn, 144 Tichenor Avenue, Auburn, Alabama 36830. Connecticut: Fairfield............ City of Danbury...... June 6, 2002, June The Honorable Mark D. September 12, 2002.. 090004 B 13, 2002 The News- Boughton, Mayor of the Times.

   City of Danbury, 155 Deer Hill Avenue, Danbury, Connecticut 06810. Florida: Broward.................. City of Parkland..... July 8, 2002, July The Honorable Sal

   July 1, 2002........ 120051 F 15, 2002, Sun-

   Pagliara, Mayor of the Sentinel.

   City of Parkland, 6600 University Drive, Parkland, Florida 33067. Florida: Broward.................. Unincorporated Areas. July 8, 2002, July Mr. Roger J. Desjarlais, July 1, 2002........ 125093 F 15, 2002, Sun-

   Broward County Sentinel.

   Administrator, 115 South Andrews Avenue, Room 409, Fort Lauderdale, Florida 33301. Florida: Clay..................... Unincorporated Areas. July 24, 2002, July Mr. Robert M. Wilson, July 17, 2002....... 120064 D 31, 2002, The

   Clay County Manager, Florida Times-Union. P.O. Box 1366, Green Cove Springs, Florida 32043. Florida: Lee...................... Unincorporated Areas. June 28, 2002, July Mr. Robert Janes,

   June 21, 2002....... 125124 D&E 5, 2002, News-Press. Chairman of the Lee County, Board of Commissioners, P.O. Box 398, Fort Myers, Florida 33902-0398. Florida: Polk..................... City of Lakeland..... April 3, 2002, April Mr. Roger D. Haar, City March 27, 2002...... 120267 F 10, 2002, The Ledger. Manager for the City of Lakeland, Lakeland City Hall, 228 South Massachusetts Avenue, Lakeland, Florida 33801- 5086. Florida: Polk..................... Unincorporated Areas. August 1, 2002,

   Mr. Jim W. Keene, Polk May 14, 2002........ 120261 F August 8, 2002, The County Manager, 330 West Ledger.

   Church Street, P.O. Box 9005, Drawer CA01, Bartow, Florida 33831- 9005. Illinois: LaSalle................. City of Ottawa....... July 3, 2002, July The Honorable Robert July 25, 2002....... 170405 E 10, 2002, The Daily Eschbach, Mayor of the Times.

   City of Ottawa, City Hall, 301 West Madison Street, Ottawa, Illinois 61350. Kentucky: Daviess................. City of Owensboro.... August 5, 2002,

   The Honorable Waymond O. November 11, 2002... 210063 C August 12, 2002, Morris, Mayor of the Messenger-Inquirer. City of Owensboro, P.O. Box 1003, Owensboro, Kentucky 42303-9003.

   [[Page 57176]]

   Maine: Penobscot.................. City of Brewer....... June 4, 2002, June The Honorable Michael September 10, 2002.. 230104 B 11, 2002, Bangor Celli, Mayor of the City Daily News.

   of Brewer, City Hall, 80 North Main Street, Brewer, Maine 04412. Maryland: Frederick............... Unincorporated Areas. July 22, 2002, July Mr. Ron Hart, Frederick .................... 240027 A 29, 2002, Frederick County Manager, 12 East News Post.

   Church Street, Frederick, Maryland 21701. Michigan: Oakland................. City of Novi......... July 4, 2002, July The Honorable Richard June 25, 200........ 260175 C 11, 2002, Novi News. Clark, Mayor of the City of Novi, Civic Center, 45175 West Ten Mile Road, Novi, Michigan 48375-3024. Michigan: Macomb.................. City of Sterling June 9, 2002, June The Honorable Richard J. July 3, 2002........ 260128 E Heights.

   16, 2002, The Source. Notte, Mayor of the City of Sterling Heights, P.O. Box 8009, 40555 Utica Road, Sterling Heights, Michigan 48311- 8009. Mississippi: Lafayette............ City of Oxford....... May 22, 2002, May 29, The Honorable Richard August 21, 2002..... 280094 B 2002, Oxford Eagle. Howorth, Mayor of the City of Oxford, City Hall, 107 Courthouse Square, Oxford, Mississippi 38655. New York: Steuben................. Town of Campbell..... June 28, 2002, July Mr. Thomas O. Bosket, December 20, 2002... 360768 C 5, 2002, The Leader. Supervisor of the Town of Campbell, 8529 Main Street, Campbell, New York 14821. Ohio: Franklin.................... Unincorporated Areas. June 5, 2002, June Ms. Arline Shoemaker, September 11, 2002.. 390167 G 12, 2002, Daily

   President, Franklin Reporter.

   County Board of Commissioners, 373 South High Street, 26th Floor, Columbus, Ohio 43215. Ohio: Franklin.................... Village of Urbancrest June 5, 2002, June The Honorable Marlin R. September 11, 2002.. 390893 G 12, 2002, Grove City West, Mayor of the Record.

   Village of Urbancrest, 3357 Central Avenue, Urbancrest, Ohio 43123. Pennsylvania: Allegheny........... City of Pittsburgh... July 9, 2002, July The Honorable Thomas October 15, 2002.... 4200063 16, 2002, Pittsburgh Murphy, Mayor of the Post Gazette.

   City of Pittsburgh, 5th Floor, City-County Building, 414 Grant Street, Pittsburgh, Pennsylvania 15219. Pennsylvania: Bucks............... Borough of Richland.. August 14, 2002, Mr. Steven Tamburri, November 20, 2002... 421095 F August 21, 2002, The Chairman of the Township Intelligencer.

   of Richland, Board of Supervisors, Suite A, 1328 California Road, Quakertown, Pennsylvania 18951. Rhode Island: Washington.......... Town of Westerly..... June 19, 2002, June Mr. Samuel Azzinaro, June 12, 2002....... 445410 E 26, 2002, The

   Westerly Town Council Westerly Sun.

   President, Westerly Town Hall, 45 Broad Street, Westerly, Rhode Island 02891. Tennessee: Fayette................ Unincorporated Areas. May 22, 2002, May 29, The Honorable Jim Voss, August 28, 2002..... 470352 B 2002, The Fayette Mayor of Fayette County, Falcon.

   P.O. Box 218, Somerville, Tennessee 38068. Tennessee: Sumner and Davison..... City of

   August 5, 2002,

   The Honorable Bobby T. November 22, 2002... 470287 F Goodlettsville.

   August 12, 2002, The Jones, Mayor of the City Tennessean.

   of Goodlettsville, 105 South Main Street, Goodlettsville, Tennessee 37072. Virginia: Loudoun................. Unincorporated Areas. June 12, 2002, June Mr. Kirby Bowers, Loudoun June 3, 2002........ 510090 D 19, 2002, Loudoun County Administrator, 1 Times Mirror.

   Harrison Street, S.E., 5th Floor, P.O. Box 7000, Leesburg, Virginia 20177-7000. Virginia: Henrico................. Unincorporated Areas. July 19, 2002, July Mr. James B. Donati, Jr., October 25, 2002.... 510077 B 26, 2002, The

   Chairman of the Henrico Richmond Times.

   County, Board of Supervisors, P.O. Box 27032, Richmond, Virginia 23273. Virginia: Prince William.......... Town of Dumfries..... August 9, 2002,

   The Honorable Melvin July 31, 2002....... 510120 D August 16, 2002, Bray, Mayor of the Town Potomac News.

   of Dumfries, P.O. Box 56, Dumfries, Virginia 22026. Virginia: Fauquier................ Town of Warrenton.... August 15, 2002, Mr. Kenneth L. McLawhon, July 16, 2002....... 510057 B August 22, 2002, Warrenton Town Manager, Fauquier Citizen. 18 Court Street, Warrenton, Virginia 20186.

   [[Page 57177]]

   (Catalog of Federal Domestic Assistance No. 83.100, ``Flood Insurance.'')

   Dated: August 30, 2002. Anthony S. Lowe, Administrator, Federal Insurance and Mitigation Administration.

   [FR Doc. 02-22823Filed9-6-02; 8:45 am]

   BILLING CODE 6718-04-P