Federal Register, Volume 68 Issue 105 (Monday, June 2, 2003)

[Federal Register Volume 68, Number 105 (Monday, June 2, 2003)]
[Rules and Regulations]
[Pages 32659-32660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13643]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

Changes in Flood Elevation Determinations

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

ACTION: Final rule.

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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: Mary Jean Pajak, P.E., FEMA, 500 C
Street SW., Washington, DC 20472, (202) 646-2831.

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 2 circulation and ninety (90)
days have elapsed since that publication. The Mitigation Division
Director of the Emergency Preparedness and Response Directorate has
resolved 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 (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 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 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.

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]

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

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Dates and name of
State and county Location newspaper where Chief executive officer Effective date of Community No.
notice was published of community modification
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Connecticut: New Haven (FEMA City of Milford..... Oct. 9, 2002, Oct. The Honorable James L. Jan. 15, 2003............... 090082 F
Docket No. D-7531). 16, 2002, New Haven Richetelli, Mayor of
Register. the City of Milford,
City Hall, 110 River
Street, Milford,
Connecticut 06460.

[[Page 32660]]

Maryland: Frederick (FEMA Docket City of Frederick... Oct. 18, 2002, Oct. The Honorable Jennifer Jan. 24, 2003............... 240030 B
No. D-7535). 25, 2002, Frederick P. Dougherty, Mayor of
News Post. the City of Frederick,
101 North Court
Street, Frederick,
Maryland 21701.
North Carolina: Buncombe (FEMA City of Ashville.... Oct. 9, 2002, Oct. The Honorable Charlie Jan. 15, 2003............... 370032 C
Docket No. D-7531). 16, 2002, The Worley, Mayor of the
Asheville Citizen- City of Asheville,
Times. P.O. Box 7148,
Asheville, North
Carolina 28802.
Pennsylvania:
Allegheny (FEMA Docket No. D- Township of Moon.... Oct. 9, 2002, Oct. Mr. Gregory S. Smith, Jan. 14, 2003............... 421082 E
7531). 16, 2002 Moon Manager of Moon
Record Star. Township, 1000 Beaver
Grade Road, Moon,
Pennsylvania 15108.
Allegheny (FEMA Docket No. D- Township of North Oct. 9, 2002, Oct. Mr. Robert T. Grimm, Jan. 14, 2003............... 421085 E
7531). Fayette. 16, 2002, Moon Manager of the
Record Star. Township of North
Fayette, 400 North
Branch Road, Oakdale,
Pennsylvania 15071.
Allegheny (FEMA Docket No. D- Township of Robinson Oct. 9, 2002, Oct. Mr. William L. Jan. 14, 2003............... 421097 E
7531). 16, 2002, Suburban Blumling, Chairman of
Gazette. the Board of
Commissioners,
Township of Robinson,
1000 Church Hill Road,
Pittsburgh,
Pennsylvania 15205.
Tennessee: Shelby (FEMA Docket City of Memphis..... Oct. 15, 2002, Oct. The Honorable Willie W. Jan. 22, 2003............... 470177 E
No. D-7531). 22, 2002, The Herenton, Ph.D., Mayor
Commercial Appeal. of the City of
Memphis, City Hall,
125 North Main Street,
Suite 700, Memphis,
Tennessee 38103.
Virginia:
Fauquier (FEMA Docket No. D- Unincorporated Areas Nov. 7, 2002, Nov. Mr. G. Robert Lee, Feb. 13, 2003............... 510055 A
7533). 14, 2002, Fauquier Fauquier County
Citizen. Administrator, 40
Culpeper Street,
Warrenton, Virginia
20186.
Independent City (FEMA Docket City of Winchester.. Sept. 23, 2002, Mr. Edwin C. Daley, Dec. 30, 2002............... 510173 B
No. D-7531). Sept. 30, 2002, City of Winchester
Winchester Star. Manager, Rouss City
Hall, 15 North Cameron
Street, Winchester,
Virginia 22601.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood
Insurance.'')

Dated: May 21, 2003.
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response
Directorate.
[FR Doc. 03-13643 Filed 5-30-03; 8:45 am]
BILLING CODE 6718-04-P