Changes in Flood Elevation Determinations

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: July 29, 2003 (Volume 68, Number 145)]
[Rules and Regulations]
[Page 44461-44463]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29jy03-8]

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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 65

AGENCY: Federal Emergency Management Agency (FEMA), Emergency
Preparedness and Response Directorate, Department of Homeland Security.
ACTION: Final rule.

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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.

? 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:

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Dates and name of
State and county Location newspaper where Chief executive officer of Effective date of Community No.
notice was published community modification
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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.
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(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 am]
BILLING CODE 6718-04-M

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Changes in Flood Elevation Determinations

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