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Rule

Changes in Flood Elevation Determinations

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Information about this document as published in the Federal Register.

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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.

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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 (email) matt.miller@fema.gov.

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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 Start Printed Page 67120community 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 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.

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List of Subjects in 44 CFR Part 65

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Accordingly,

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PART 65—[AMENDED]

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1. The authority citation for part 65 continues to read as follows:

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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.

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[Amended]
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2. The tables published under the authority of § 65.4 are amended as follows:

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State and countyLocationDates and name of newspaper where notice was publishedChief executive officer of communityEffective date of modificationCommunity No.
Alabama: JeffersonCity of HooverOctober 8, 2002, October 15, 2002, The Birmingham NewsThe Honorable Barbara McCollum, Mayor of the City of Hoover, 100 Municipal Drive, Hoover, Alabama 32516Oct. 1, 2002010123 B
Connecticut:
MiddlesexCity of MiddletownSeptember 10, 2002, September 17, 2002, The Middletown PressThe Honorable Domenique S. Thornton, Mayor of the City of Middletown, 245 deKoven Drive, P.O. Box 1300, Middletown, Connecticut 06457Dec. 17, 2002090068 C
New HavenCity of MilfordOctober 9, 2002, October 16, 2002, New Haven RegisterThe Honorable James L. Richetelli, Mayor of the City of Milford, City Hall, 110 River Street, Milford, Connecticut 06460Jan. 15, 2003090082 F
Florida:
CharlotteUnincorporated AreasSeptember 19, 2002, September 26, 2002, Herald Tribune (Charlotte County Edition) and Sun HeraldMs. Pamela Brangaccio, Charlotte County Interim Administrator, 18500 Murdock Circle, Port Charlotte, Florida 33948Sept. 12, 2002120061 D
DadeUnincorporated AreasSeptember 13, 2002, September 20, 2002, The Miami HeraldMr. Steve Shriver, Dade County Manager, 111 N.W. First Street, Suite 910, Miami, Florida 33128Sept. 6, 2002120635 J
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PolkCity of LakelandOctober 1, 2002, October 8, 2002, The LedgerMr. Roger D. Haar, City Manager for the City of Lakeland, Lakeland City Hall, 228 South Massachusetts Avenue, Lakeland, Florida 33801-5086Sept. 24, 2002120267 F
DadeCity of MiamiSeptember 10, 2002, September 17, 2002, The Miami HeraldThe Honorable Manuel A. Diaz, Mayor of the City of Miami, 3500 Pan American Drive, Miami, Florida 33133Sept. 3, 2002120650 J
OrangeCity of OcoeeSeptember 25, 2002, October 2, 2002, The Orlando SentinelThe Honorable S. Scott Vandergift, Mayor of the City of Ocoee, City Hall, 150 North Lakeshore Drive, Ocoee, Florida 34761Sept. 18, 2002120185 E
OrangeUnincorporated AreasSeptember 25, 2002, October 2, 2002, The Orlando SentinelM. Krishnamurthy, P.E., Ph.D., Orange County Stormwater, Management Manager, 4200 South John Young Parkway, Orlando, Florida 32839Sept. 18, 2002120179 E
OrangeUnincorporated AreasSeptember 27, 2002, October 4, 2002, The Orlando SentinelM. Krishnamurthy, P.E., Ph.D., Orange County Stormwater, Management Manager, 4200 South John Young Parkway, Orlando, Florida 32839Sept. 20, 2002120179 E
Georgia:
RichmondCity of AugustaSeptember 5, 2002, September 12, 2002, The Augusta ChronicleThe Honorable Bob Young, Mayor of the City of Augusta, City-County Municipal Building, 530 Greene Street, Augusta, Georgia 30911Dec. 12, 2002130158 E
CatoosaCity of Fort OglethorpeSeptember 4, 2002, September 11, 2002, Chattanooga Free PressThe Honorable Judson L. Burkhart, Mayor of the City of Fort Oglethorpe, P.O. Box 5509, 500 City Hall Drive, Fort Oglethorpe, Georgia 30742Dec. 11, 2002130248 B
New York: Schenectady CountyTown of RotterdamSeptember 27, 2002, October 4, 2002, The Daily GazetteMr. John Paolino, Supervisor of the Town of Rotterdam, 1100 Sunrise Boulevard, Rotterdam, New York 12306Mar. 17, 2003360740 B
North Carolina: BuncombeCity of AshvilleOctober 9, 2002, October 16, 2002, The Asheville Citizen-TimesThe Honorable Charlie Worley, Mayor of the City of Asheville, P.O. Box 7148, Asheville, North Carolina 28802Jan. 15, 2003370032 C
Pennsylvania:
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CambriaCity of JohnstownSeptember 30, 2002, October 7, 2002, Johnstown TribuneMr. Silka, City of Johnstown Manager, 401 Main Street, Johnstown, Pennsylvania 15901Sept. 16, 2002420231 C
AlleghenyTownship of MoonOctober 9, 2002, October 16, 2002, Moon Record StarMr. Gregory S. Smith, Manager of Moon Township, 1000 Beaver Grade Road, Moon, Pennsylvania 15108Jan. 14, 2003421082 E
AlleghenyTownship of North FayetteOctober 9, 2002, October 16, 2002, Moon Record StarMr. Robert T. Grimm, Manager of the Township of North Fayette, 400 North Branch Road, Oakdale, Pennsylvania 15071Jan. 14, 2003421085 E
AlleghenyTownship of RobinsonOctober 9, 2002, October 16, 2002, Suburban GazetteMr. William L. Blumling, Chairman of the Board of Commissioners, Township of Robinson, 1000 Church Hill Road, Pittsburgh, Pennsylvania 15205Jan. 14, 2003421097 E
Tennessee:
ShelbyCity of MemphisOctober 15, 2002, October 22, 2002, The Commercial AppealThe Honorable Willie W. Herenton, PhD, Mayor of the City of Memphis, City Hall, 125 North Main Street, Suite 700, Memphis, Tennessee 38103Jan. 22, 2003470177 E
WilliamsonUnincorporated AreasOctober 7, 2002, October 14, 2002, The Review AppealMr. Rogers Anderson, Williamson County Executive, 1320 West Main Street, Suite 100, Franklin, Tennessee 37064Oct. 1, 2002470204 C
Virginia:
Independent CityCity of HarrisonburgOctober 11, 2002, October 18, 2002, Daily News-RecordThe Honorable Joseph G. Fitzgerald, Mayor of the City of Harrisonburg, City Manager's, Office 345 South Main Street, Harrisonburg, Virginia 22801Oct. 4, 2002510076 B
Independent CityCity of RoanokeSeptember 20, 2002, September 27, 2002, Roanoke TimesThe Honorable Ralph K. Smith, Mayor of the City of Roanoke, 215 Church Avenue, S.W., Room 452, Roanoke, Virginia 24011Sept. 12, 2002510130 D
Independent CityCity of WinchesterSeptember 23, 2002, September 30, 2002, Winchester StarMr. Edwin C. Daley, City of Winchester Manager, Rouss City Hall, 15 North Cameron Street, Winchester, Virginia 22601Dec. 30, 2002510173 B
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West Virginia: BerkeleyUnincorporated AreasSeptember 20, 2002, September 27, 2002, Martinsburg JournalMr. Howard Strauss, President of Berkeley County, Board of Commissioners, 126 West King Street, Martinsburg, West Virginia 25401Sept. 4, 2002540282 B
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(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”)

Dated: October 30, 2002.

Anthony S. Lowe,

Administrator, Federal Insurance and Mitigation Administration.

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[FR Doc. 02-27962 Filed 11-1-02; 8:45 am]

BILLING CODE 6718-04-P