Federal Register: July 29, 2003 (Volume 68, Number 145)Rules and RegulationsPage 44461-44463From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr29jy03-8

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.

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:

Dates and name of State and county

Location

newspaper where Chief executive officer of Effective date of Community No. notice was published

community

modification

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.

(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 amBILLING CODE 6718-04-M