[Federal Register Volume 63, Number 224 (Friday, November 20, 1998)]
[Rules and Regulations]
[Pages 64418-64419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31041]
[[Page 64418]]
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FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 65
Changes in Flood Elevation Determinations
AGENCY: Federal Emergency Management Agency, FEMA.
ACTION: Final rule.
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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.
EFFECTIVE DATES: The effective dates for these modified base flood
elevations are indicated on the following table and revise the Flood
Insurance Rate Map(s) (FIRMs) in effect for each listed community prior
to this date.
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, Mitigation Directorate, 500 C Street SW.,
Washington, DC 20472, (202) 646-3461.
SUPPLEMENTARY 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 Associate Director has
resolved any 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.
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.
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 Associate Director, Mitigation
Directorate, 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 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:
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Dates and name of
State and county Location newspaper where Chief executive officer of Effective date of Community No.
notice was published community modification
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New York: Erie (FEMA Docket No. Town of Orchard Park. December 20, 1997, Mr. Dennis J. Mill, March 27, 1998....... 360255 B
7249). December 27, 1997, Supervisor of the Town of
The Southtowns Orchard Park, 4295 South
Citizen. Buffalo Street, Orchard
Park, New York 14127.
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[[Page 64419]]
(Catalog of Federal Domestic Assistance No. 83.100, ``Flood
Insurance.'')
Dated: November 10, 1998.
Michael J. Armstrong,
Associate Director for Mitigation.
[FR Doc. 98-31041 Filed 11-19-98; 8:45 am]
BILLING CODE 6718-04-P
