Browse: Departments   Dates   Agencies  

DEPARTMENT OF HOMELAND SECURITY

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 2 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 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 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.
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 Community No. notice was published of community modification Connecticut: New Haven (FEMA City of Milford..... Oct. 9, 2002, Oct. The Honorable James L. Jan. 15, 2003............... 090082 F Docket No. D7531). 16, 2002, New Haven Richetelli, Mayor of Register. the City of Milford, City Hall, 110 River Street, Milford, Connecticut 06460. [[Page 32660]]
Maryland: Frederick (FEMA Docket City of Frederick... Oct. 18, 2002, Oct. The Honorable Jennifer Jan. 24, 2003............... 240030 B No. D7535). 25, 2002, Frederick P. Dougherty, Mayor of News Post. the City of Frederick, 101 North Court Street, Frederick, Maryland 21701. North Carolina: Buncombe (FEMA City of Ashville.... Oct. 9, 2002, Oct. The Honorable Charlie Jan. 15, 2003............... 370032 C Docket No. D7531). 16, 2002, The Worley, Mayor of the Asheville Citizen City of Asheville, Times. P.O. Box 7148, Asheville, North Carolina 28802. Pennsylvania:

Allegheny (FEMA Docket No. D Township of Moon.... Oct. 9, 2002, Oct. Mr. Gregory S. Smith, Jan. 14, 2003............... 421082 E 7531). 16, 2002 Moon Manager of Moon Record Star. Township, 1000 Beaver Grade Road, Moon, Pennsylvania 15108.

Allegheny (FEMA Docket No. D Township of North Oct. 9, 2002, Oct. Mr. Robert T. Grimm, Jan. 14, 2003............... 421085 E 7531). Fayette. 16, 2002, Moon Manager of the Record Star. Township of North Fayette, 400 North Branch Road, Oakdale, Pennsylvania 15071.

Allegheny (FEMA Docket No. D Township of Robinson Oct. 9, 2002, Oct. Mr. William L. Jan. 14, 2003............... 421097 E 7531). 16, 2002, Suburban Blumling, Chairman of Gazette. the Board of Commissioners, Township of Robinson, 1000 Church Hill Road, Pittsburgh, Pennsylvania 15205. Tennessee: Shelby (FEMA Docket City of Memphis..... Oct. 15, 2002, Oct. The Honorable Willie W. Jan. 22, 2003............... 470177 E No. D7531). 22, 2002, The Herenton, Ph.D., Mayor Commercial Appeal. of the City of Memphis, City Hall, 125 North Main Street, Suite 700, Memphis, Tennessee 38103. Virginia:

Fauquier (FEMA Docket No. D Unincorporated Areas Nov. 7, 2002, Nov. Mr. G. Robert Lee, Feb. 13, 2003............... 510055 A 7533). 14, 2002, Fauquier Fauquier County Citizen. Administrator, 40 Culpeper Street, Warrenton, Virginia 20186.

Independent City (FEMA Docket City of Winchester.. Sept. 23, 2002, Mr. Edwin C. Daley, Dec. 30, 2002............... 510173 B No. D7531). Sept. 30, 2002, City of Winchester Winchester Star. Manager, Rouss City Hall, 15 North Cameron Street, Winchester, Virginia 22601. (Catalog of Federal Domestic Assistance No. 83.100, ``Flood Insurance.'')

Dated: May 21, 2003.
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response Directorate.
[FR Doc. 0313643 Filed 53003; 8:45 am]
BILLING CODE 671804P

FOR FURTHER INFORMATION CONTACT Mary Jean Pajak, P.E., FEMA, 500 C Street SW., Washington, DC 20472, (202) 6462831.