02-17277. Changes in Flood Elevation Determinations

AGENCY:

Federal Emergency Management Agency, FEMA.

ACTION:

Final rule.

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, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, [phone], or (email) [e-mail].

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 Acting Administrator has resolved many 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 (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.

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 Acting 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 NFIP. 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.

§ 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 number
Alabama: Autauga, Elmore, Lowndes, & Montgomery (FEMA Docket No. D-7521)	City of Montgomery	Jan. 15, 2002, Jan. 22, 2002, The Montgomery Advertiser	The Honorable Bobby N. Bright, Mayor of the City of Montgomery, P.O. Box 1111, Montgomery, Alabama 36101-1111	Apr. 23, 2002	010174 F
Connecticut: Fairfield (FEMA Docket No. D-7521)	Town of Greenwich	Feb. 11, 2002, Feb. 18, 2002, Greenwich Times	Mr. Richard Bergstresser, First Selectman for the Town of Greenwich, 101 Field Point Road, Greenwich, Connecticut 06830	Feb. 4, 2002	090008 C
Florida:
Pinellas (FEMA Docket No. D-7521)	City of St. Petersburg	Nov. 14, 2001, Nov. 21, 2001, St. Petersburg Times	The Honorable Rick Baker, Mayor of the City of St. Petersburg, P.O. Box 2842, St. Petersburg, Florida 33731-2842	Nov. 7, 2001	125148 B&C
Leon (FEMA Docket No. D-7521)	City of Tallahassee	Jan. 16, 2002, Jan. 23, 2002, Tallahassee Democrat	The Honorable Scott Maddox, Mayor of the City of Tallahassee, City Hall, 300 South Adams Street, Tallahassee, Florida 32301-1731	Apr. 24, 2002	120144 D
Manatee (FEMA Docket No. D-7521)	Unincorporated Areas	Jan. 15, 2002, Jan. 21, 2002, Sarasota Herald Tribune	Mr. Ernie Padgett, County Administrator, 1112 Manatee Avenue West, P.O. Box 1000, Bradenton, Florida 34206	Jan. 7, 2002	120153 C
Orange (FEMA Docket No. D-7521)	Unincorporated Areas	Jan. 16, 2002, Jan. 23, 2002, The Orlando Sentinel	Dr. M. Krishnamurthy, P.E., Orange County Stormwater Management Department, 4200 South John Young Parkway, Orlando, Florida 32839-9205	Apr. 24, 2002	120179 E
Georgia: Harris (FEMA Docket No. D-7521)	Unincorporated Areas	Jan. 2, 2002, Jan. 9, 2002, Harris County Journal	Ms. Carol Silva, Harris County Manager, P.O. Box 365, Hamilton, Georgia 31811	Dec. 26, 2001	130338 A
Indiana: Noble (FEMA Docket No. D-7521)	Unincorporated Areas	Feb. 5, 2002, Feb. 12, 2002 The Sun-News	Mr. Mark Pankap, President of the Noble County Board of Commissioners, Noble County Courthouse, 101 North Orange Street, Albion, Indiana 46701	May 14, 2002	180183 B
Mississippi: Forrest and Lamar (FEMA Docket No. D-7521)	City of Hattiesburg	Jan. 24, 2002, Jan. 30, 2002, Hattiesburg American	The Honorable J. Ed Morgan, Mayor of the City of Hattiesburg, P.O. Box 1898, Hattiesburg, Mississippi 39403	Jan. 16, 2002	280053 C
North Carolina: Nash and Edgecomb (FEMA Docket No. D-7521)	City of Rocky Mount	Jan. 25, 2002, Feb. 1, 2002, Rocky Mount Telegram	Mr. Stephen W. Raper, Rocky Mount City Manager, P.O. Box 1180, Rocky Mount, North Carolina 27802-1180	May 3, 2002	370092 C
Pennsylvania:
Carbon (FEMA Docket No. D-7521)	Township of Lower Towamensing	Dec. 28, 2001, Jan. 4, 2002, Times News	Mr. Glen Hahn, Chairman, Township of Lower Towamensing Board of Supervisors, 595 Hahns Dairy Road, Palmerton, Pennsylvania 18701	Apr. 5, 2002	421455 A
Carbon (FEMA Docket No. D-7521)	Borough of Palmerton	Dec. 28, 2001, Jan. 4, 2002, Times News	Mr. John Vignone, Borough of Palmerton Council President, 443 Delaware Avenue, Palmerton, Pennsylvania 18701	Apr. 5, 2002	420253 A
South Carolina: Richland (FEMA Docket No. D-7521)	Unincorporated Areas	Dec. 26, 2001, Jan. 2, 2002, The State Newspaper	Mr. T. Cary McSwain, Richland County Administrator, P.O. Box 192, 2020 Hampton Street, Columbia, South Carolina 29202	Dec. 19, 2001	450170 G
Tennessee:
Sumner and Davidson (FEMA Docket No. D-7521)	City of Goodlettsville	Dec. 27, 2001, Jan. 3, 2002, The Tennessean	The Honorable Bobby T. Jones, Mayor of the City of Goodlettsville, City Hall, 105 South Main Street, Goodlettsville, Tennessee 37072	Apr. 4, 2002	470287 C
McNairy (FEMA Docket No. D-7521)	Unincorporated Areas	Jan. 16, 2002, Jan. 23, 2002, Independent Appeal	Mr. Mike Smith, McNairy County Executive, McNairy County Courthouse, 170 West Court Avenue, Selmer, Tennessee 38375	Apr. 24, 2002	470127 D
Shelby (FEMA Docket No. D-7521)	Unincorporated Areas	Jan. 18, 2002, Jan. 25, 2002, Daily News	The Honorable Jim Rout, Mayor of Shelby County, 160 North Main Street, Suite 850, Memphis, Tennessee 38103	Apr. 26, 2002	470214 E
Virginia: Prince William (FEMA Docket No. D-7521)	Unincorporated Areas	Feb. 7, 2002, Feb. 14, 2002, Potomac News	Mr. Craig Gerhart, Prince William County Executive, 1 County Complex Court, Prince William, Virginia 22192	May 16, 2002	510119 D

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

Dated: July 2, 2002.

Robert F. Shea,

Acting Administrator, Federal Insurance and Mitigation Administration.