[Federal Register Volume 68, Number 82 (Tuesday, April 29, 2003)]
[Rules and Regulations]
[Pages 22616-22618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10488]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket No. FEMA-D-7537]


Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, Emergency Preparedness and 
Response Directorate, Department of Homeland Security.

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 ninety (90) days in 
which to request through the community that the Mitigation Division 
Director 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: Mary Jean Pajak, Acting Chief, Federal 
Emergency Management Agency, 500 C Street SW., Washington, DC 20472, 
(202) 646-2831.

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

[[Page 22617]]

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 Mitigation Division Director of the Emergency Preparedness and 
Response 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 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.


0
Accordingly, 44 CFR part 65 is amended to read as follows:

PART 65--[AMENDED]

0
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]

0
2. The tables published under the authority of Sec.  65.4 are amended 
as follows:

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                                                         Dates and name of
                                                          newspaper where     Chief executive officer
         State and county                Location            notice was            of community        Effective date of modification    Community No.
                                                             published
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Michigan: Oakland................  City of Novi.......  January 9, 2003,     The Honorable Richard     Dec. 31, 2002.................  260175 C
                                                         January 16, 2003,    Clark, Mayor of the
                                                         Novi News.           City of Novi, Civic
                                                                              Center, 45175 West Ten
                                                                              Mile Road, Novi,
                                                                              Michigan 48375-3024.
New Jersey:
  Union..........................  Township of          February 2, 2003,    The Honorable David A.    May 12, 2003..................  340459 E
                                    Berkeley Heights.    February 10, 2003,   Cohen, Mayor of the
                                                         The Courier-News.    Township of Berkeley
                                                                              Heights, 29 Park
                                                                              Avenue, Berkeley
                                                                              Heights, New Jersey
                                                                              07922.
  Middlesex......................  Borough of South     February 21, 2003,   The Honorable Daniel      May 30, 2003..................  340279 B
                                    Plainfield.          February 28, 2003,   Gallagher, Mayor of the
                                                         The Observer.        Borough of South
                                                                              Plainfield, Municipal
                                                                              Building, 2480
                                                                              Plainfield Avenue,
                                                                              South Plainfield, New
                                                                              Jersey 07080.
North Carolina:
    Swain, Jackson, Graham,        Eastern Band of      February 12, 2003,   The Honorable Leon D.     Feb. 3, 2003..................  370401 B
     Cherokee, and Haywood.         Cherokee Indians.    February 19, 2003    Jones, Principal Chief,
                                                         Cherokee One         Eastern Band of
                                                         Feather.             Cherokee Indians, P.O.
                                                                              Box 455, Cherokee,
                                                                              North Carolina 28719.
  Wake...........................  City of Raleigh....  January 17, 2003,    The Honorable Charles     Jan. 30, 2003.................  370243 E
                                                         January 24, 2003,    Meeker, Mayor of the
                                                         The News &           City of Raleigh, P.O.
                                                         Observer.            Box 590, 222 West
                                                                              Hargett Street,
                                                                              Raleigh, North Carolina.
Pennsylvania:
  Bucks..........................  Borough of White     February 25, 2003,   Mr. Wayne Washowich,      Feb. 13, 2003.................  420089 E
                                    Oak.                 March 4, 2003, The   Council President of
                                                         Daily News.          the Borough of White
                                                                              Oak, 2280 Lincoln Way,
                                                                              White Oak, Pennsylvania
                                                                              15313.
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[[Page 22618]]

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

    Dated: April 23, 2003.
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response 
Directorate.
[FR Doc. 03-10488 Filed 4-28-03; 8:45 am]
BILLING CODE 6718-04-P