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FEDERAL EMERGENCY MANAGEMENT AGENCY

Federal Emergency Management Agency

CFR Citation: 44 CFR Part 65

NOTICE: RULES

ACTION: Flood elevation determinations:

DOCUMENT ACTION: Final rule.

SUBJECT CATEGORY: Changes in Flood Elevation Determinations

DOCUMENT 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.

SUMMARY: Various States,

SUPPLEMENTAL 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 Administrator 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
[[Page 6827]]

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.

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 Administrator, Federal Insurance and Mitigation Administration, 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.

Accordingly, 44 CFR part 65 is amended to read as follows: PART 65[AMENDED]

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]

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 Effective date of modification Community notice was published of community number Connecticut:

Middlesex (FEMA Docket No. D City of Middletown... September 10, 2002; The Honorable Domenique December 17, 2002................ 090068 C 7531). September 17, 2002; S. Thornton, Mayor of The Middletown the City of Press. Middletown, 245 deKoven Drive, P.O. Box 1300, Middletown, Connecticut 06457. Florida:

Seminole (FEMA Docket No. D City of Altamonte August 30, 2002; Mr. Phillip D. Penland, December 6, 2002................. 120290 E 7529). Springs. September 6, 2002; Manager of the City of The Orlanda Altamonte Springs, 225 Sentinel. Newburyport Avenue, Altamonte Springs, Florida 32701.

Broward (FEMA Docket No. D Unincorporated Areas. July 8, 2002; July Mr. Roger J. July 1, 2002..................... 125093 F 7527). 15, 2002; Sun Desjarlais, Broward Sentinel. County Administrator, 115 South Andrews Avenue, Room 409, Fort Lauderdale, Florida 33301.

Charlotte (FEMA Docket No. D Unincorporated Areas. September 19, 2002; Ms. Pamela Brangaccio, September 12, 2002............... 120061 D 7531). September 26, 2002; Charlotte County Herald Tribune Interim Administrator, (Charlotte County 18500 Murdock Circle, Edition) and Sun Port Charlotte, Herald. Florida 33948.

Dade (FEMA Docket No. D7531). Unincorporated Areas. September 13, 2002; Mr. Steve Shriver, Dade September 6, 2002................ 120635 J September 20, 2002; County Manager, 111 The Miami Herald. N.W. First Street, Suite 910, Miami, Florida 33128.

Dade (FEMA Docket No. D7531). City of Miami........ September 10, 2002; The Honorable Manuel A. September 3, 2002................ 120650 J September 17, 2002; Diaz, Mayor of the The Miami Herald. City of Miami, 3500 Pan American Drive, Miami, Florida 33133.

Broward (FEMA Docket No. D City of Parkland..... July 8, 2002; July The Honorable Sal July 1, 2002..................... 120051 F 7527). 15, 2002; Sun Pagliara, Mayor of the Sentinel. City of Parkland, 6600 University Drive, Parkland, Florida 33067. [[Page 6828]]

Seminole (FEMA Docket No. D Unincorporated Areas. August 30, 2002; Mr. Kevin Grace, December 6, 2002................. 120289 E 7529). September 6, 2002; Manager of Seminole The Orlando County, Seminole Sentinel. County Services Building, 1101 East First Street, Sanford, Florida 32771. Georgia:

Richmond (FEMA Docket No. D City of Augusta...... September 5, 2002; The Honorable Bob December 12, 2002................ 130158 E 7531). September 12, 2002; Young, Mayor of the The Augusta City of Augusta, City Chronicle. County Municipal Building, 530 Greene Street, Augusta, Georgia 30911.

Catoosa (FEMA Docket No. D City of Fort September 4, 2002; The Honorable Judson L. December 11, 2002................ 130248 B 7531). Oglethorpe. September 11, 2002; Burkhart, Mayor of the Chattanooga Free City of Fort Press. Oglethorpe, P.O. Box 5509, 500 City Hall Drive, Fort Oglethorpe, Georgia 30742. Illinois:

Kane (FEMA Docket No. D7529). Village of Sleepy August 9, 2002; Mr. Stephen K. Pickett, August 1, 2002................... 170331 Hollow. August 16, 2002; Village of Sleepy The Courier News. Hollow President, 1 Thorobred Lane, Sleepy Hollow, Illinois 60118.

Kane (FEMA Docket No. D7529). Village of West August 9, 2002; Mr. Larry Keller, August 1, 2002................... 170335 Dundee. August 16, 2002; Village of West Dundee The Daily Herald. President, 102 South 2nd Street, West Dundee, Illinois 60118.. Maine:

Knox (FEMA Docket No. D7529). Town of Camden....... August 15, 2002; Mr. Roger Moody, July 17, 2002.................... 230074 B August 22, 2002; Manager of the Town of The Camden Herald. Camden, P.O. Box 1207, Camden, Maine 04843. Pennsylvania:

Bucks (FEMA Docket No. D7527) Borough of Richland.. August 14, 2002; Mr. Steven Tamburri, November 20, 2002................ 421095 F August 21, 2002; Chairman of the The Intelligencer. Township of Richland Board of Supervisors, Suite A, 1328 California Road, Quakertown, Pennsylvania 18951. Virginia:

Prince William (FEMA Docket Town of Dumfries..... August 9, 2002; The Honorable Melvin July 31, 2002.................... 510120 D No. D7527). August 16, 2002; Bray, Mayor of the Potomac News. Town of Dumfries, P.O. Box 56, Dumfries, Virginia 22026.

Independent City (FEMA Docket City of Roanoke...... September 20, 2002; The Honorable Ralph K. September 12, 2002............... 510130 D No. D7531). September 27, 2002; Smith, Mayor of the Roanoke Times. City of Roanoke, 215 Church Avenue, S.W., Room 452, Roanoke, Virginia 24011.

Fauquier (FEMA Docket No. D Town of Warrenton.... August 15, 2002; Mr. Kenneth L. July 16, 2002.................... 510057 B 7527). August 22, 2002; McLawhon, Warrenton Fauquier Citizen. Town Manager, 18 Court Street, Warrenton, Virginia 20186. West Virginia:

Berkeley (FEMA Docket No. D Unincorporated Areas. September 20, 2002; Mr. Howard Strauss, September 4, 2002................ 540282 B 7531). September 27, 2002; President of Berkeley Martinsburg Journal. County, Board of Commissioners, 126 West King Street, Martinsburg, West Virginia 25401. (Catalog of Federal Domestic Assistance No. 83.100, ``Flood Insurance.'')

Dated: February 3, 2003.
Anthony S. Lowe,
Administrator, Federal Insurance and Mitigation Administration. [FR Doc. 033335 Filed 21003; 8:45 am]
BILLING CODE 671804P

FOR FURTHER INFORMATION CONTACT Michael M. Grimm, Acting Chief, Hazard Study Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 6462878, or (email) Michael.Grimm@fema.gov.