[Federal Register Volume 68, Number 124 (Friday, June 27, 2003)]
[Rules and Regulations]
[Pages 38200-38201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16289]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket No. FEMA-D-7541]


Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency (FEMA), 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 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, P.E., FEMA, 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 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:

[[Page 38201]]



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                                                        Dates and name of
                                                         newspaper where     Chief executive officer        Executive date of
        State and county                Location            notice was            of community                 modification            Community number
                                                            published
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Alabama: Jefferson..............  City of Birmingham.  May 13, 2003; May    The Honorable Bernard A.  May 6, 2003..................  010116 E
                                                        20, 2003; The        Kincaid, Mayor of the
                                                        Birmingham News.     City of Birmingham,
                                                                             Birmingham City Hall,
                                                                             710 North 20th Street,
                                                                             Birmingham, Alabama
                                                                             35203.
Connecticut: Fairfield..........  Town of Greenwich..  May 6, 2003; May     Mr. Richard               April 28, 2003...............  090008 C
                                                        13, 2003;            Bergstresser, Town of
                                                        Greenwich Time.      Greenwich First
                                                                             Selectman, Town Hall,
                                                                             101 Field Point Road,
                                                                             Greenwich, Connecticut
                                                                             06830.
Florida: Hillsborough...........  City of Tampa......  May 20, 2003; May    The Honorable Dick A.     May 12, 2003.................  120114 C
                                                        27, 2003; St.        Greco, Mayor of the
                                                        Petersburg Times.    City of Tampa, 306 East
                                                                             Jackson Street, First
                                                                             Floor, Tampa, Florida
                                                                             33602.
Georgia: Bartow.................  City of Adairsville  May 12, 2003; May    The Honorable Doyal       November 5, 2003.............  130235 F
                                                        19, 2003; Daily      Penson, Mayor of the
                                                        Tribune News.        City of Adairsville,
                                                                             116 Public Square,
                                                                             Adairsville, Georgia
                                                                             30103.
Georgia: Chatham................  City of Savannah...  May 22, 2003; May    The Honorable Floyd       May 15, 2003.................  135163 C
                                                        29, 2003; Savannah   Adams, Jr., Mayor of
                                                        Morning News.        the City of Savannah,
                                                                             P.O. Box 1027,
                                                                             Savannah, Georgia 31402.
Pennsylvania: Lebanon...........  Township of North    May 26, 2003; June   Ms. Robin Getz, Lebanon   September 1, 2003............  420576 C
                                   Cornwall.            2, 2003; Lebanon     County Planning and
                                                        Daily News.          Zoning Department, 400
                                                                             South Eight Street,
                                                                             Lebanon, Pennsylvania
                                                                             17042.
Pennsylvania: Wyoming...........  Township of          April 30, 2003; May  Mr. Randy L. White,       April 23, 2003...............  422206
                                   Tunkhannock.         7, 2003; The New     Chairman of the
                                                        Age Examiner.        Township of Tunkhannock
                                                                             Board of Commissioners,
                                                                             Township Building, 438
                                                                             State Route 92 South,
                                                                             Tunkhannock,
                                                                             Pennsylvania 18657.
Virginia: Rockbridge............  Unincorporated       May 21, 2003; News   Mr. Donald G. Austin,     June 20, 2003................  510205 C
                                   Areas.               Gazette.             Rockbridge County
                                                                             Administrator, 150
                                                                             South Main Street,
                                                                             Lexington, Virginia
                                                                             24450.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance'')

    Dated: June 18, 2003.
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response 
Directorate.
[FR Doc. 03-16289 Filed 6-26-03; 8:45 am]
BILLING CODE 6718-04-P