[Federal Register Volume 68, Number 145 (Tuesday, July 29, 2003)]
[Rules and Regulations]
[Pages 44461-44463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19244]


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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 date for these modified base flood 
elevations are indicated on the following table and review 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

[[Page 44462]]

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 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 polices 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]

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 of    Effective date of       Community No.
                                                            notice was published           community               modification
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Maryland:
    Harford (FEMA Docket No. D-     Unincorporated Areas.  Jan. 10, 2003, Jan.    Mr. James M. Harkins,       April 18, 2003.......  240040 D
     7535).                                                 17, 2003 The Aegis.    Harford County Executive,
                                                                                   220 South Main Street,
                                                                                   Bel Air, Maryland 21014.
    Washington (FEMA Docket No. D-  Unincorporated Areas.  Jan. 17, 2003, Jan.    Mr. Rodney Shoop,           April 25, 2003.......  240070 B
     7535).                                                 24, 2003, The Herald   Washington County
                                                            Mail.                  Administrator, 100 West
                                                                                   Washington Street,
                                                                                   Hagerstown, Maryland
                                                                                   21740.
New Jersey:
    Union (FEMA Docket No. D-7535)  Township of Berkeley   Jan. 15, 2003, Jan.    The Honorable David A.      April 23, 2003.......  340459 E
                                     Heights.               22, 2003, The          Cohen, Mayor of the
                                                            Courier-News.          Township of Berkeley
                                                                                   Heights, 29 Park Avenue,
                                                                                   Berkeley Heights, New
                                                                                   Jersey 07922.
    Middlesex (FEMA Docket No. D-   Borough of South       Feb. 21, 2003, Feb.    The Honorable Daniel        May 30, 2003.........  340279 B
     7537).                          Plainfield.            28, 2003, The          Gallagher, Mayor of the
                                                            Observer.              Borough of South
                                                                                   Plainfield, Municipal
                                                                                   Building, 2480 Plainfield
                                                                                   Avenue, South Plainfield,
                                                                                   New Jersey 07080.

[[Page 44463]]

 
    Commonwealth (FEMA Docket No.   Puerto Rico..........  Jan. 7, 2003, Jan.     The Honorable Sila Maria    April 25, 2003.......  720000 C
     D-7535).                                               24, 2003, The San      Calderon, Governor of the
                                                            Juan Star.             Commonwealth of Puerto
                                                                                   Rico, Office of the
                                                                                   Governor, P.O. Box
                                                                                   9020082, San Juan, Puerto
                                                                                   Rico 00902.
West Virginia: McDowell (FEMA       Unincorporated Areas.  Feb. 21, 2003, Feb.    Mr. B. G. Smith, McDowell   April 16, 2003.......  540114 B
 Docket No. D-7535).                                        28, 2003, The Welch    County Administrator, 90
                                                            News.                  Wyoming Street, Suite
                                                                                   109, Welch, West Virginia
                                                                                   25801.
Wisconsin: Pierce (FEMA Docket No.  Unincorporated Areas.  Jan. 15, 2003, Jan.    Mr. Richard Truax, Pierce   April 21, 2003.......  555571 B
 D-7535).                                                   22, 2003, Pierce       County Board Chairman,
                                                            County Herald.         P.O. Box 128, Ellsworth,
                                                                                   Wisconsin 54011.
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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. 03-19244 Filed 7-28-03; 8:45 am]
BILLING CODE 6718-04-M