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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

CFR Citation: 44 CFR Part 65

Docket ID: [Docket No. FEMA-D-7543]

NOTICE: RULES

ACTION: Flood elevation determinations:

DOCUMENT ACTION: Interim rule.

SUBJECT CATEGORY: Changes in Flood Elevation Determinations

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 90day period.

DOCUMENT 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.

SUMMARY: Various States,


SUPPLEMENTAL 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 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.
[[Page 44461]]
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 of Effective date of Community No. notice was published community modification Alabama: Montgomery............... City of Montgomery... May 28, 2003, June 4, The Honorable Bobby N. August 5, 2003....... 010174 G 2003, Montgomery Bright, Mayor of the City Advertiser. of Montgomery, City Hall, P.O. Box 1111, Montgomery, Alabama 36101 1111. Connecticut: Tolland.............. Town of Coventry..... June 24, 2003, The Mr. John Elsesser, Manager September 25, 2003... 090110 C Chronicle. of the Town of Coventry, Coventry Town Hall, 1712 Main Street, Coventry, Connecticut 06238. Delaware: New Castle.............. Unincorporated Areas. July 3, 2003, July Mr. Thomas P. Gordon, New October 9, 2003...... 105085 G&H 10, 2003, The News Castle County Executive, Journal. New Castle County Government Center, 87 Reads Way, New Castle, Delaware 19720. Florida: Dade..................... City of Miami........ July 7, 2003, July The Honorable Manuel A. July 26, 2003........ 120650 J 14, 2003, The Miami Diaz, Mayor of the City Herald. of Miami, 3500 Pan American Drive, Miami, Florida 33133. Florida: Santa Rosa............... Unincorporated Areas. June 4, 2003, June Mr. Hunter Walker, Santa May 28, 2003......... 120274 C 11, 2003, The Press Rosa County Gazette. Administrator, 6495 Caroline Street, Suite D, Milton, Florida 32570 4592. Georgia: Bryan.................... Unincorporated Areas. June 19, 2003, June Mr. Brooks Warnell, September 25, 2003... 130016 A 26, 2003, Bryan Chairman of the Bryan County News. County Board of Commissioners, P.O. Box 430, Pembroke, Georgia 31321. Maine: Camden..................... Town of Camden....... June 26, 2003, July Ms. Roberta Smith, Camden June 18, 2003........ 230074 B 3, 2003, The Camden Town Manager, P.O. Box Herald. 1207, Camden, Maine 04843. Pennsylvania: Chester............. Township of East July 2, 2003, July 9, Mr. Earl Emel, Chairman of June 25, 2003........ 421479 D Fallowfield. 2003, Daily Local the Township of East News. Fallowfield Board of Supervisors, 2264 Strasburg Road, East Fallowfield, Pennsylvania 19320. Pennsylvania: Lebanon............. Township of North June 13, 2003, June Ms. Robin Getz, Lebanon September 19, 2003... 420576 C Cornwall. 20, 2003, Lebanon County Planning and Daily News. Zoning Department, 400 South Eight Street, Lebanon, Pennsylvania 17042. South Carolina: Richland.......... Unincorporated Areas. May 20, 2003, May 27, Mr. T. Cary McSwain, May 12, 2003......... 450170 H 2003, The State. Richland County Administrator, 2020 Hampton Street, P.O. Box 192, Columbia, South Carolina 29202. South Carolina: Richland.......... Unincorporated Areas. June 5, 2003, June Mr. T. Cary McSwain, May 29, 2003......... 450170 H 12, 2003, The State. Richland County Administrator, 2020 Hampton Street, P.O. Box 192, Columbia, South Carolina 29202. (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. 0319243 Filed 72803; 8:45 am]
BILLING CODE 671804P

FOR FURTHER INFORMATION CONTACT Doug Bellomo, P.E., FEMA, 500 C Street SW., Washington, DC 20472, (202) 6462903.


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