02-27962. 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.
Alabama: Jefferson	City of Hoover	October 8, 2002, October 15, 2002, The Birmingham News	The Honorable Barbara McCollum, Mayor of the City of Hoover, 100 Municipal Drive, Hoover, Alabama 32516	Oct. 1, 2002	010123 B
Connecticut:
Middlesex	City of Middletown	September 10, 2002, September 17, 2002, The Middletown Press	The Honorable Domenique S. Thornton, Mayor of the City of Middletown, 245 deKoven Drive, P.O. Box 1300, Middletown, Connecticut 06457	Dec. 17, 2002	090068 C
New Haven	City of Milford	October 9, 2002, October 16, 2002, New Haven Register	The Honorable James L. Richetelli, Mayor of the City of Milford, City Hall, 110 River Street, Milford, Connecticut 06460	Jan. 15, 2003	090082 F
Florida:
Charlotte	Unincorporated Areas	September 19, 2002, September 26, 2002, Herald Tribune (Charlotte County Edition) and Sun Herald	Ms. Pamela Brangaccio, Charlotte County Interim Administrator, 18500 Murdock Circle, Port Charlotte, Florida 33948	Sept. 12, 2002	120061 D
Dade	Unincorporated Areas	September 13, 2002, September 20, 2002, The Miami Herald	Mr. Steve Shriver, Dade County Manager, 111 N.W. First Street, Suite 910, Miami, Florida 33128	Sept. 6, 2002	120635 J
Polk	City of Lakeland	October 1, 2002, October 8, 2002, The Ledger	Mr. Roger D. Haar, City Manager for the City of Lakeland, Lakeland City Hall, 228 South Massachusetts Avenue, Lakeland, Florida 33801-5086	Sept. 24, 2002	120267 F
Dade	City of Miami	September 10, 2002, September 17, 2002, The Miami Herald	The Honorable Manuel A. Diaz, Mayor of the City of Miami, 3500 Pan American Drive, Miami, Florida 33133	Sept. 3, 2002	120650 J
Orange	City of Ocoee	September 25, 2002, October 2, 2002, The Orlando Sentinel	The Honorable S. Scott Vandergift, Mayor of the City of Ocoee, City Hall, 150 North Lakeshore Drive, Ocoee, Florida 34761	Sept. 18, 2002	120185 E
Orange	Unincorporated Areas	September 25, 2002, October 2, 2002, The Orlando Sentinel	M. Krishnamurthy, P.E., Ph.D., Orange County Stormwater, Management Manager, 4200 South John Young Parkway, Orlando, Florida 32839	Sept. 18, 2002	120179 E
Orange	Unincorporated Areas	September 27, 2002, October 4, 2002, The Orlando Sentinel	M. Krishnamurthy, P.E., Ph.D., Orange County Stormwater, Management Manager, 4200 South John Young Parkway, Orlando, Florida 32839	Sept. 20, 2002	120179 E
Georgia:
Richmond	City of Augusta	September 5, 2002, September 12, 2002, The Augusta Chronicle	The Honorable Bob Young, Mayor of the City of Augusta, City-County Municipal Building, 530 Greene Street, Augusta, Georgia 30911	Dec. 12, 2002	130158 E
Catoosa	City of Fort Oglethorpe	September 4, 2002, September 11, 2002, Chattanooga Free Press	The Honorable Judson L. Burkhart, Mayor of the City of Fort Oglethorpe, P.O. Box 5509, 500 City Hall Drive, Fort Oglethorpe, Georgia 30742	Dec. 11, 2002	130248 B
New York: Schenectady County	Town of Rotterdam	September 27, 2002, October 4, 2002, The Daily Gazette	Mr. John Paolino, Supervisor of the Town of Rotterdam, 1100 Sunrise Boulevard, Rotterdam, New York 12306	Mar. 17, 2003	360740 B
North Carolina: Buncombe	City of Ashville	October 9, 2002, October 16, 2002, The Asheville Citizen-Times	The Honorable Charlie Worley, Mayor of the City of Asheville, P.O. Box 7148, Asheville, North Carolina 28802	Jan. 15, 2003	370032 C
Pennsylvania:
Cambria	City of Johnstown	September 30, 2002, October 7, 2002, Johnstown Tribune	Mr. Silka, City of Johnstown Manager, 401 Main Street, Johnstown, Pennsylvania 15901	Sept. 16, 2002	420231 C
Allegheny	Township of Moon	October 9, 2002, October 16, 2002, Moon Record Star	Mr. Gregory S. Smith, Manager of Moon Township, 1000 Beaver Grade Road, Moon, Pennsylvania 15108	Jan. 14, 2003	421082 E
Allegheny	Township of North Fayette	October 9, 2002, October 16, 2002, Moon Record Star	Mr. Robert T. Grimm, Manager of the Township of North Fayette, 400 North Branch Road, Oakdale, Pennsylvania 15071	Jan. 14, 2003	421085 E
Allegheny	Township of Robinson	October 9, 2002, October 16, 2002, Suburban Gazette	Mr. William L. Blumling, Chairman of the Board of Commissioners, Township of Robinson, 1000 Church Hill Road, Pittsburgh, Pennsylvania 15205	Jan. 14, 2003	421097 E
Tennessee:
Shelby	City of Memphis	October 15, 2002, October 22, 2002, The Commercial Appeal	The Honorable Willie W. Herenton, PhD, Mayor of the City of Memphis, City Hall, 125 North Main Street, Suite 700, Memphis, Tennessee 38103	Jan. 22, 2003	470177 E
Williamson	Unincorporated Areas	October 7, 2002, October 14, 2002, The Review Appeal	Mr. Rogers Anderson, Williamson County Executive, 1320 West Main Street, Suite 100, Franklin, Tennessee 37064	Oct. 1, 2002	470204 C
Virginia:
Independent City	City of Harrisonburg	October 11, 2002, October 18, 2002, Daily News-Record	The Honorable Joseph G. Fitzgerald, Mayor of the City of Harrisonburg, City Manager's, Office 345 South Main Street, Harrisonburg, Virginia 22801	Oct. 4, 2002	510076 B
Independent City	City of Roanoke	September 20, 2002, September 27, 2002, Roanoke Times	The Honorable Ralph K. Smith, Mayor of the City of Roanoke, 215 Church Avenue, S.W., Room 452, Roanoke, Virginia 24011	Sept. 12, 2002	510130 D
Independent City	City of Winchester	September 23, 2002, September 30, 2002, Winchester Star	Mr. Edwin C. Daley, City of Winchester Manager, Rouss City Hall, 15 North Cameron Street, Winchester, Virginia 22601	Dec. 30, 2002	510173 B
West Virginia: Berkeley	Unincorporated Areas	September 20, 2002, September 27, 2002, Martinsburg Journal	Mr. Howard Strauss, President of Berkeley County, Board of Commissioners, 126 West King Street, Martinsburg, West Virginia 25401	Sept. 4, 2002	540282 B

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

Dated: October 30, 2002.

Anthony S. Lowe,

Administrator, Federal Insurance and Mitigation Administration.