02-25961. 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, [phone], or (email) [e-mail].

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 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.

§ 65.4

[Amended]

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

State and county	Location	Dates and name of newspaper where notice was published	Chief executive officer of community	Effective date of modification	Community No.
Florida:
Seminole	City of Altamonte Springs	May 1, 2002, May 8, 2002, The Orlando Sentinel	Mr. Phillip D. Penland, Manager of the City of Altamonte Springs, 225 Newburyport Avenue, Altamonte Springs, Florida 32701	Aug. 7, 2002	120290 E
Seminole	City of Altamonte Springs	Aug. 30, 2002, Sep. 6, 2002, The Orlando Sentinel	Mr. Phillip D. Penland, Manager of the City of Altamonte Springs, 225 Newburyport Avenue, Altamonte Springs, Florida 32701	Dec. 6, 2002	120290 E
Seminole	Unincorporated Areas	May 1, 2002, May 8, 2002, The Orlando Sentinel	Mr. Kevin Grace, Manager of Seminole County, County Seminole Services Building, 1101 East First Street, Sanford, Florida 32771	Aug. 7, 2002	120289 E
Seminole	Unincorporated Areas	Aug. 30, 2002, Sep. 6, 2002, The Orlando Sentinel	Mr. Kevin Grace, Manager of Seminole County, County Seminole Services Building, 1101 East First Street, Sanford, Florida 32771	Dec. 6, 2002	120289 E
Illinois:
Kane	Village of Sleepy Hollow	Aug. 9, 2002, Aug. 16, 2002, The Courier News	Mr. Stephen K. Pickett, Village of Sleepy Hollow President, 1 Thorobred Lane, Sleepy Hollow, Illinois 60118	Aug. 1, 2002	170331
Kane	Village of West Dundee	Aug. 9, 2002, Aug. 16, 2002, The Daily Herald	Mr. Larry Keller, Village of West Dundee President, 102 South 2nd Street, West Dundee, Illinois 60118	Aug. 1, 2002	170335
Maine: Knox	Town of Camden	Aug. 15, 2002, Aug. 22, 2002, The Camden Herald	Mr. Roger Moody, Manager of the Town of Camden, P.O. Box 1207, Camden, Maine 04843	July 17, 2002	230074 B
North Carolina: Wake	Town of Wake Forest	May 9, 2002, May 16, 2002, The Wake Weekly	The Honorable George C. Mackie, Jr., Mayor of the Town of Wake Forest, 401 Elm Street, Wake Forest, North Carolina 27587	May 2, 2002	370244 E
Ohio: Franklin	City of Grove City	June 5, 2002, June 12, 2002, Grove City Record	The Honorable Cheryl Grossman, Mayor of the City of Grove City, 4035 Broadway, Grove City, Ohio 43123	Sep. 11, 2002	390173 G

(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance”)

Dated: September 30, 2002.

Anthony S. Lowe,

Administrator, Federal Insurance and Mitigation Administration.