[Federal Register Volume 68, Number 8 (Monday, January 13, 2003)]
[Rules and Regulations]
[Pages 1540-1543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-608]


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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 65

[Docket No. FEMA-D-7533]


Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, FEMA.

ACTION: Interim rule.

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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 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: Michael M. Grimm, Acting Chief, Hazard 
Study Branch, Federal Insurance and Mitigation Administration, Federal 
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, 
(202) 646-3461, or (email) [email protected].

SUPPLEMENTARY INFORMATION: The modified base flood elevations are not 
listed for each community in this interim rule. However, the address of

[[Page 1541]]

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.


Sec.  65.4  [Amended]

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

[[Page 1542]]



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                                                                    Dates and name of
         State and County                    Location             newspaper where notice    Chief executive officer     Effective date of     Community
                                                                      was  published              of community            Pmodification          No.
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Alabama: Madison..................  City of Madison...........  November 20, 2002;         The Honorable Jan Wells,   November 12, 2002....     010308 D
                                                                 November 27, 2002;         Mayor of the City of
                                                                 Madison County Record.     Madison, 100 Hughes
                                                                                            Road, Madison, Alabama
                                                                                            35758.
Florida: Polk.....................  Unincorporated Areas......  October 16, 2002; October  Mr. Jim W. Keene, Polk     January 22, 2003.....     120261 F
                                                                 23, 2002; The Ledger.      County Manager, 330 West
                                                                                            Church Street, P.O. Box
                                                                                            9005, Drawer CA01,
                                                                                            Bartow, Florida 33831-
                                                                                            9005.
Massachusetts: Barnstable.........  Town of Falmouth..........  October 29, 2002;          Mr. Robert L. Whritenour,  October 22, 2002.....     255211 F
                                                                 November 5, 2002; Cape     Jr., Falmouth Town
                                                                 Cod Times.                 Administrator, 59 Town
                                                                                            Hall Square, Falmouth,
                                                                                            Massachusetts 02540.
Minnesota: Hennepin...............  City of Golden Valley.....  November 21, 2002;         The Honorable Linda        November 12, 2002....       270162
                                                                 November 28, 2002; Sun-    Loomis, Mayor of the
                                                                 Post.                      City of Golden Valley,
                                                                                            Golden Valley City Hall,
                                                                                            7800 Golden Valley Road,
                                                                                            Golden Valley, Minnesota
                                                                                            55427.
Mississippi: Rankin...............  Unincorporated Areas......  November 27, 2002;         Mr. Ken Martin, President  November 20, 2002....     280142 C
                                                                 December 4, 2002; Rankin   of the Rankin County
                                                                 County News.               Board of Supervisors,
                                                                                            211 East Government
                                                                                            Street, Brandon,
                                                                                            Mississippi 39042.
New Hampshire: Grafton............  Town of Plymouth..........  November 14, 2002; The     Mr. John Tucker, Chairman  December 14, 2002....     330072 C
                                                                 Record Enterprise.         of the Town of Plymouth,
                                                                                            Board of Selectmen,
                                                                                            Plymouth Town Hall, 6
                                                                                            Post Office Square,
                                                                                            Plymouth, Massachusetts
                                                                                            03264.
New Jersey: Atlantic..............  City of Brigantine........  November 29, 2002;         Mr. George McDermott,      November 20, 2002....     345286 B
                                                                 December 6, 2002           Brigantine City Manager,
                                                                 Beachcomer News.           Brigantine Muncipal
                                                                                            Building, 1417 West
                                                                                            Brigantine Avenue,
                                                                                            Brigantine, New Jersey
                                                                                            08203.
New York: Herkimer................  Village of Herkimer.......  November 15, 2002;         The Honorable Mark         May 5, 2003..........     360307 C
                                                                 Evening Telegram.          Ainsworth, Mayor of the
                                                                                            Village of Herkimer, 120
                                                                                            Green Street, Herkimer,
                                                                                            New York 13350.
Pennsylvania: Lackawanna..........  Borough of Blakely........  October 25, 2002;          The Honorable Robert       October 16, 2002.....     420525 A
                                                                 November 1, 2002;          Klinko, Mayor of the
                                                                 Scranton Times.            Borough of Blakely, 6262
                                                                                            Jenkins Street,
                                                                                            Peckville, Pennsylvania
                                                                                            18452.
Virginia: Fauquier................  Unincorporated Areas......  November 7, 2002;          Mr. G. Robert Lee,         February 13, 2003....     510055 A
                                                                 November 14, 2003;         Fauquier County
                                                                 Fauquier Citizen.          Administrator, 40
                                                                                            Culpeper Street,
                                                                                            Warrenton, Virginia
                                                                                            20186.
Virginia: Fauquier................  Unicorporated Areas.......  November 14, 2002;         Mr. G. Robert Lee,         February 20, 2003....     510055 A
                                                                 November 21, 2002;         Fauquier County
                                                                 Fauquier Citizen.          Administrator, 40
                                                                                            Culpeper Street,
                                                                                            Warrenton, Virginia
                                                                                            20816.
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[[Page 1543]]

(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance.'')

    Dated: December 31, 2002.
Anthony S. Lowe,
Administrator, Federal Insurance and Mitigation Administration.
[FR Doc. 03-608 Filed 1-10-03; 8:45 am]
BILLING CODE 6718-04-P