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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

CFR Citation: 44 CFR Part 67

NOTICE: RULES

ACTION: Flood elevation determinations:

DOCUMENT ACTION: Final rule.

SUBJECT CATEGORY: Final Flood Elevation Determinations

DOCUMENT SUMMARY: Base (1% annual chance) flood elevations and modified base flood elevations are made final for the communities listed below. The base flood elevations and modified base flood elevations are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

SUMMARY: Pennsylvania and Virginia,

SUPPLEMENTAL INFORMATION

The Federal Emergency Management Agency (FEMA or Agency) makes final determinations listed below of base flood elevations and modified base flood elevations for each community listed. The proposed base flood elevations and proposed modified base flood elevations were published in newspapers of local circulation and an opportunity for the community or individuals to appeal the proposed determinations to or through the community was provided for a period of ninety (90) days. The proposed base flood elevations and proposed modified base flood elevations were also published in the Federal Register.

This final rule is issued in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 67.

The Agency has developed criteria for floodplain management in floodprone areas in accordance with 44 CFR part 60.

Interested lessees and owners of real property are encouraged to review the proof Flood Insurance Study and Flood Insurance Rate Map available at the address cited below for each community.

The base flood elevations and modified base flood elevations are made final in the communities listed below. Elevations at selected locations in each community are shown.

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 final or modified base flood elevations are required by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and are required to establish and 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 67

Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements.
Accordingly, 44 CFR part 67 is amended as follows:
PART 67[AMENDED]
1. The authority citation for part 67 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. 67.11 [Amended]
2. The tables published under the authority of Sec. 67.11 are amended as follows:
[[Page 22623]]
Depth in feet above ground. Source of Flooding and Location *Elevation in feet (NGVD) [sbull]Elevation in feet (NAVD) PENNSYLVANIA
Tinicum (Township), Bucks County (FEMA Docket No. D
7528)
Delaware River:
Approximately 0.25 mile upstream of Uhlerstown Hill *127 Road...............................................
Approximately 1.17 miles downstream of Upper Black *134 Eddy Bridge........................................
Delaware River Overland Flow:
At confluence with the Delaware River............... *128 At divergence from the Delaware River............... *133 Maps available for inspection at the Tinicum Municipal
Building, 163 Municipal Road, Pipersville,
Pennsylvania.
VIRGINIA
Fairfax City (Independent City) (FEMA Docket No. D
7528)
Accotink Creek:
At the downstream corporate limits.................. *289 Approximately 50 feet upstream of Poplar Street..... *397 Dale Lestina Tributary:
At the confluence with North Fork Accotink Creek.... *313 Approximately 500 feet upstream of Plantation *344 Parkway............................................
Daniels Run:
At the confluence with Accotink Creek............... *296 Approximately 1,030 feet upstream of Sager Avenue... *406 Draper Drive Tributary:
Approximately 750 feet upstream of confluence with *307 Accotink Creek.....................................
Approximately 920 feet upstream of the confluence *311 with Accotink Creek................................
Little River Hills Tributary:
Approximately 150 feet upstream of the confluence *328 with Daniels Run...................................
Approximately 1,460 feet upstream of Ashby Road..... *379 Mosby Woods Tributary:
At the confluence with North Fork Accotink Creek.... *332 Approximately 1,940 feet upstream of confluence with *342 North Fork Accotink Creek..........................
North Fork Accotink Creek:
At the confluence with Accotink Creek............... *313 Approximately 800 feet upstream of Howerton Avenue.. *382 Ranger Road Tributary:
At the confluence with Accotink Creek............... *312 Approximately 260 feet upstream of Ranger Road...... *314 Tusico Branch:
At the confluence with Accotink Creek............... *362 Approximately 570 feet upstream of Keith Avenue..... *373 Tusico Branch (area of shallow flooding):
Approximately 570 feet upstream of Keith Avenue..... 2 Approximately 625 feet upstream of Scott Drive...... 2 Maps available for inspection at the Fairfax City
Hall, 10455 Armstrong Street, Room 204, Fairfax,
Virginia.
(Catalog of Federal Domestic Assistance No. 83.100, ``Flood Insurance.'')

Dated: April 23, 2003.
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response Directorate.
[FR Doc. 0310482 Filed 42803; 8:45 am]
BILLING CODE 671804P

FOR FURTHER INFORMATION CONTACT Mary Jean Pajak, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646 2831.