[Federal Register Volume 68, Number 145 (Tuesday, July 29, 2003)]
[Rules and Regulations]
[Pages 44460-44461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19243]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket No. FEMA-D-7543]


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: Doug Bellomo, P.E., FEMA, 500 C Street 
SW., Washington, DC 20472, (202) 646-2903.

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.

[[Page 44461]]

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 of    Effective date of       Community No.
                                                            notice was published           community               modification
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Alabama: Montgomery...............  City of Montgomery...  May 28, 2003, June 4,  The Honorable Bobby N.      August 5, 2003.......  010174 G
                                                            2003, Montgomery       Bright, Mayor of the City
                                                            Advertiser.            of Montgomery, City Hall,
                                                                                   P.O. Box 1111,
                                                                                   Montgomery, Alabama 36101-
                                                                                   1111.
Connecticut: Tolland..............  Town of Coventry.....  June 24, 2003, The     Mr. John Elsesser, Manager  September 25, 2003...  090110 C
                                                            Chronicle.             of the Town of Coventry,
                                                                                   Coventry Town Hall, 1712
                                                                                   Main Street, Coventry,
                                                                                   Connecticut 06238.
Delaware: New Castle..............  Unincorporated Areas.  July 3, 2003, July     Mr. Thomas P. Gordon, New   October 9, 2003......  105085 G&H
                                                            10, 2003, The News     Castle County Executive,
                                                            Journal.               New Castle County
                                                                                   Government Center, 87
                                                                                   Reads Way, New Castle,
                                                                                   Delaware 19720.
Florida: Dade.....................  City of Miami........  July 7, 2003, July     The Honorable Manuel A.     July 26, 2003........  120650 J
                                                            14, 2003, The Miami    Diaz, Mayor of the City
                                                            Herald.                of Miami, 3500 Pan
                                                                                   American Drive, Miami,
                                                                                   Florida 33133.
Florida: Santa Rosa...............  Unincorporated Areas.  June 4, 2003, June     Mr. Hunter Walker, Santa    May 28, 2003.........  120274 C
                                                            11, 2003, The Press    Rosa County
                                                            Gazette.               Administrator, 6495
                                                                                   Caroline Street, Suite D,
                                                                                   Milton, Florida 32570-
                                                                                   4592.
Georgia: Bryan....................  Unincorporated Areas.  June 19, 2003, June    Mr. Brooks Warnell,         September 25, 2003...  130016 A
                                                            26, 2003, Bryan        Chairman of the Bryan
                                                            County News.           County Board of
                                                                                   Commissioners, P.O. Box
                                                                                   430, Pembroke, Georgia
                                                                                   31321.
Maine: Camden.....................  Town of Camden.......  June 26, 2003, July    Ms. Roberta Smith, Camden   June 18, 2003........  230074 B
                                                            3, 2003, The Camden    Town Manager, P.O. Box
                                                            Herald.                1207, Camden, Maine 04843.
Pennsylvania: Chester.............  Township of East       July 2, 2003, July 9,  Mr. Earl Emel, Chairman of  June 25, 2003........  421479 D
                                     Fallowfield.           2003, Daily Local      the Township of East
                                                            News.                  Fallowfield Board of
                                                                                   Supervisors, 2264
                                                                                   Strasburg Road, East
                                                                                   Fallowfield, Pennsylvania
                                                                                   19320.
Pennsylvania: Lebanon.............  Township of North      June 13, 2003, June    Ms. Robin Getz, Lebanon     September 19, 2003...  420576 C
                                     Cornwall.              20, 2003, Lebanon      County Planning and
                                                            Daily News.            Zoning Department, 400
                                                                                   South Eight Street,
                                                                                   Lebanon, Pennsylvania
                                                                                   17042.
South Carolina: Richland..........  Unincorporated Areas.  May 20, 2003, May 27,  Mr. T. Cary McSwain,        May 12, 2003.........  450170 H
                                                            2003, The State.       Richland County
                                                                                   Administrator, 2020
                                                                                   Hampton Street, P.O. Box
                                                                                   192, Columbia, South
                                                                                   Carolina 29202.
South Carolina: Richland..........  Unincorporated Areas.  June 5, 2003, June     Mr. T. Cary McSwain,        May 29, 2003.........  450170 H
                                                            12, 2003, The State.   Richland County
                                                                                   Administrator, 2020
                                                                                   Hampton Street, P.O. Box
                                                                                   192, Columbia, South
                                                                                   Carolina 29202.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance'')

    Dated: July 21, 2003.
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response 
Directorate.
[FR Doc. 03-19243 Filed 7-28-03; 8:45 am]
BILLING CODE 6718-04-P