[Federal Register Volume 68, Number 206 (Friday, October 24, 2003)]
[Rules and Regulations]
[Pages 60858-60859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-26826]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket No. FEMA-D-7545]


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., Hazard 
Identification Section, Emergency Preparedness and Response 
Directorate, Federal Emergency Management Agency, 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

[[Page 60859]]

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
                                                         newspaper where     Chief executive officer of          Effective date of           Community
        State and county                Location            notice was                commuity                     modification               number
                                                            published
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Alabama: Baldwin................  Unincorporated       July 17, 2003; July  Mr. John Armstrong, Chairman  July 9, 2003..................        015000 K
                                   Areas.               24, 2003; The        of the Baldwin, County
                                                        Baldwin Times.       Commission, 312 Courthouse
                                                                             Square, Suite 12, Bay
                                                                             Minette, Alabama 36507.
Delaware: New Castle............  Unincorporated       July 24, 2003; July  Mr. Thomas P. Gordon, New     October 30, 2003..............        105085 G
                                   Areas.               31, 2003; The News   Castle County Executive,
                                                        Journal.             New Castle County
                                                                             Government Center, 87 Reads
                                                                             Way, New Castle, Delaware
                                                                             19720.
Florida: Volusia................  City of Daytona      July 16, 2003; July  The Honorable Baron Asher,    July 8, 2003..................        125099 G
                                   Beach.               23, 2003; Daytona    Mayor of the City of
                                                        Beach News-Journal.  Daytona Beach, P.O. Box
                                                                             2451, Daytona Beach,
                                                                             Florida 32115.
Florida: Volusia................  City of Holly Hill.  July 16, 2003; July  The Honorable William         July 8, 2003..................     125112 G, H
                                                        23, 2003; Daytona    Arthur, Mayor of the City
                                                        Beach News-Journal.  of Holly Hill, 1065
                                                                             Ridgewood Avenue, Holly
                                                                             Hill, Florida 32117.
Florida: Volusia................  Unincorporated       July 16, 2003; July  Ms. Cynthia A. Coto, Volusia  July 8, 2003..................        125155 H
                                   Areas.               23, 2003; Daytona    County Manager, 123 West
                                                        Beach News-Journal.  Indiana Avenue, DeLand,
                                                                             Florida 32720-4612.
Vermont: Grand Isle.............  Town of Grand Isle.  July 22, 2003; The   Mr. Art Goodrich, Chairman    August 22, 2003...............        500223 B
                                                        Islander.            of the Town of Grand Isle
                                                                             Board of Selectmen, Grand
                                                                             Isle Town Hall, P.O. Box
                                                                             49, Grand Isle, Vermont
                                                                             05458.
Virginia: Prince William........  Unincorporated       August 11, 2003;     Mr. Craig Gerhart, Prince     November 17, 2003.............        510119 D
                                   Areas.               August 18, 2003;     William County Executive, 1
                                                        Potomac News.        County Complex Court,
                                                                             Prince William, Virginia
                                                                             22192.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance.'')

    Dated: October 15, 2003.
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response 
Directorate.
[FR Doc. 03-26826 Filed 10-23-03; 8:45 am]
BILLING CODE 6718-04-P