[Federal Register Volume 68, Number 124 (Friday, June 27, 2003)]
[Rules and Regulations]
[Pages 38198-38200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16290]


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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 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.

[[Page 38199]]

    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 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
         State and County                Location           newspaper where     Chief executive officer   Effective date of modification     Community
                                                         notice was published         of community                                            number
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Florida: Orange (FEMA Docket No.   City of Ocoee.......  December 4, 2002;     The Honorable S. Scott     March 12, 2003................        120185 E
 D-7535).                                                 December 11, 2002;    Vandergift, Mayor of the
                                                          The Orlando           City of Ocoee, City
                                                          Sentinel.             Hall, 150 North
                                                                                Lakeshore Drive, Ocoee,
                                                                                Florida 34761.
Florida: Leon (FEMA Docket No. D-  City of Tallahassee.  December 17, 2002;    The Honorable Scott        March 25, 2003................        120144 D
 7535).                                                   December 24, 2002;    Maddox, Mayor of the
                                                          Tallahassee           City of Tallahassee,
                                                          Democrat.             City Hall, 300 Adams
                                                                                Street, Tallahassee,
                                                                                Florida 32301-1731.
Georgia: Cobb (FEMA Docket No. D-  City of Marietta....  December 27, 2002;    The Honorable Bill         April 4, 2003.................        130226 D
 7535).                                                   January 3, 2003;      Dunaway, Mayor of the
                                                          Marietta Daily        City of Marietta, 205
                                                          Journal.              Lawrence Street, P.O.
                                                                                Box 3536, Marietta,
                                                                                Georgia 30061.
Indiana: Allen (FEMA Docket No. D- City of Fort Wayne..  November 27, 2002;    The Honorable Graham       March 5, 2003.................        180003 E
 7535).                                                   December 4, 2002;     Richard, Mayor of the
                                                          The Journal Gazette.  City of Fort Wayne, City-
                                                                                County Building, 1 Main
                                                                                Street, 9th floor, Fort
                                                                                Wayne, Indiana 46802-
                                                                                1804.
Mississippi: Madison (FEMA Docket  City of Ridgeland...  January 2, 2003;      The Honorable Gene F.      April 10, 2003................        280110 D
 No. D-7535).                                             January 9, 2003;      McGee, Mayor of the City
                                                          The Clarion-Ledger.   of Ridgeland, P.O. Box
                                                                                217, Ridgeland,
                                                                                Mississippi 39158.
New Hampshire: Grafton (FEMA       Town of Holderness..  December 5, 2002;     Mr. Steve Huss, Chairman   March 13, 2002................        330059 C
 Docket No. D-7535).                                      December 12, 2002;    of the Town of
                                                          The Record            Holderness, Board of
                                                          Enterprise.           Selectmen, Holderness
                                                                                Town Hall, P.O. Box 203,
                                                                                Holderness, New
                                                                                Hampshire 03245.
New York: Erie (FEMA Docket No. D- Town of Hamburg.....  December 12, 2002;    Mr. Patrick H. Hoak,       June 3, 2003..................        360244 D
 7535).                                                   December 19, 2002;    Hamburg Town Supervisor,
                                                          Hamburg Sun.          6100 South Park Avenue,
                                                                                Hamburg, New York 14075.
North Carolina: Wake (FEMA Docket  City of Raleigh.....  January 17, 2003;     The Honorable Charles      January 30, 2003..............        370243 E
 No. D-7537).                                             January 24, 2003;     Meeker, Mayor of the
                                                          The News & Observer.  City of Raleigh, P.O.
                                                                                Box 590, 222 West
                                                                                Hargett Street, Raleigh,
                                                                                North Carolina.
Pennsylvania: York (FEMA Docket    Township of           December 20, 2002;    Mr. Robert J. Sabatini,    March 28, 2003................        421031 A
 No. D-7535).                       Springettsbury.       December 27, 2002;    Jr., Springettsbury
                                                          The York Dispatch.    Township Manager, 1501
                                                                                Mt. Zion Road, York,
                                                                                Pennsylvania 17402.
Pennsylvania: York (FEMA Docket    Township of Spring    December 20, 2002;    Mr. Joseph F. Barrons,     March 28, 2003................        420937 B
 No. D-7535).                       Garden.               December 27, 2002;    Spring Garden Township
                                                          The York Dispatch.    Manager, 558 Ogantz
                                                                                Street, York,
                                                                                Pennsylvania 17403.

[[Page 38200]]

 
Virginia: Fauquier (FEMA Docket    Unincorporated Areas  November 14, 2002;    Mr. G. Robert Lee,         February 20, 2003.............        510055 A
 No. D-7533).                                             November 21, 2002;    Fauquier County
                                                          Fauquier Citizen.     Administrator, 40
                                                                                Culpeper Street,
                                                                                Warrenton, Virginia
                                                                                20186.
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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. 03-16290 Filed 6-26-03; 8:45 am]
BILLING CODE 6718-04-U