[Federal Register Volume 61, Number 99 (Tuesday, May 21, 1996)] [Rules and Regulations] [Pages 25403-25405] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-12715] ----------------------------------------------------------------------- FEDERAL EMERGENCY MANAGEMENT AGENCY 44 CFR Part 65 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: Michael K. Buckley, P.E., Chief, Hazard Identification Branch, Mitigation Directorate, 500 C Street, SW., Washington, DC 20472, (202) 646-2756. 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 Associate Director has resolved [[Page 25404]] 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 Acting 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: -------------------------------------------------------------------------------------------------------------------------------------------------------- Chief executive State and county Location Dates and name of newspaper officer of Effective date of Community where notice was published community modification No. -------------------------------------------------------------------------------------------------------------------------------------------------------- Georgia: Cobb (FEMA Docket City of Marietta............ Dec. 1, 1995, Dec. 8, 1995, The Honorable Oct. 23, 1995............... 130226F No. 7169). Marietta Daily Journal. Ansley Meaders, Mayor of the City of Marietta, P.O. Box 609, Marietta, Georgia 30061. Indiana: Hamilton (FEMA Docket City of Carmel.............. Nov. 8, 1995, Nov. 15, 1995, The Honorable Oct. 31, 1995............... 180081 No. 7169). Carmel News Tribune. James Brainard, Mayor of the City of Carmel, One Civic Square, Carmel, Indiana 46032. Johnson (FEMA Docket No. Unincorporated areas........ Oct. 18, 1995, Oct. 25, 1995, Mr. Joseph Jan. 23, 1996............... 180111C 7165). Daily Journal. Dettart, Chairman of the Johnson County Board of Commissioners, 86 West Court Street, Courthouse Annex, Franklin, Indiana 46131. New Jersey: Bergen (FEMA Borough of Rockleigh........ Oct. 18, 1995, Oct. 25, 1995, The Honorable Oct. 13, 1995............... 340071F Docket No. 7165). The Record. Roberta Adams, Mayor of the Borough of Rockleigh, 26 Rockleigh Road, Rockleigh, New Jersey 07647. [[Page 25405]] Pennsylvania: Clinton (FEMA Borough of Flemington....... Nov. 21, 1995, Nov. 28, 1995, Mr. Gerry Nov. 13, 1995............... 420326B Docket No. 7169). The Lock Haven Express. Yanneralla, President of the Flemington Borough Council, 126 High Street, Flemington, Pennsylvania 17745. Wisconsin: Juneau (FEMA Unincorporated areas........ June 1, 1995, June 8, 1995, Mr. James May 25, 1995................ 550580C Docket No. 7165). Juneau County Star Times. Barrett, President of the Juneau County Board, 220 State Street, Juneau, Wisconsin 53948. -------------------------------------------------------------------------------------------------------------------------------------------------------- (Catalog of Federal Domestic Assistance No. 83.100, ``Flood Insurance.'') Dated: May 13, 1996. Richard W. Krimm, Acting Associate Director for Mitigation. [FR Doc. 96-12715 Filed 5-20-96; 8:45 am] BILLING CODE 6718-03-P