03-3335. Changes in Flood Elevation Determinations

AGENCY:

Federal Emergency Management Agency, FEMA.

ACTION:

Final rule.

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 dates for these modified base flood elevations are indicated on the following table and revise 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 community. The respective addresses are listed in the following table.

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, [phone], or (email) [e-mail].

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 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 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.

§ 65.4

[Amended]

2. The tables published under the authority of § 65.4 are amended as follows:

State and county	Location	Dates and name of newspaper where notice was published	Chief executive officer of community	Effective date of modification	Community number
Connecticut:	Middlesex (FEMA Docket No. D-7531)	City of Middletown	September 10, 2002; September 17, 2002; The Middletown Press	The Honorable Domenique S. Thornton, Mayor of the City of Middletown, 245 deKoven Drive, P.O. Box 1300, Middletown, Connecticut 06457	December 17, 2002
Florida:	Seminole (FEMA Docket No. D-7529)	City of Altamonte Springs	August 30, 2002; September 6, 2002; The Orlanda Sentinel	Mr. Phillip D. Penland, Manager of the City of Altamonte Springs, 225 Newburyport Avenue, Altamonte Springs, Florida 32701	December 6, 2002
Broward (FEMA Docket No. D-7527)	Unincorporated Areas	July 8, 2002; July 15, 2002; Sun-Sentinel	Mr. Roger J. Desjarlais, Broward County Administrator, 115 South Andrews Avenue, Room 409, Fort Lauderdale, Florida 33301	July 1, 2002	125093 F
Charlotte (FEMA Docket No. D-7531)	Unincorporated Areas	September 19, 2002; September 26, 2002; Herald Tribune (Charlotte County Edition) and Sun Herald	Ms. Pamela Brangaccio, Charlotte County Interim Administrator, 18500 Murdock Circle, Port Charlotte, Florida 33948	September 12, 2002	120061 D
Dade (FEMA Docket No. D-7531)	Unincorporated Areas	September 13, 2002; September 20, 2002; The Miami Herald	Mr. Steve Shriver, Dade County Manager, 111 N.W. First Street, Suite 910, Miami, Florida 33128	September 6, 2002	120635 J
Dade (FEMA Docket No. D-7531)	City of Miami	September 10, 2002; September 17, 2002; The Miami Herald	The Honorable Manuel A. Diaz, Mayor of the City of Miami, 3500 Pan American Drive, Miami, Florida 33133	September 3, 2002	120650 J
Broward (FEMA Docket No. D-7527)	City of Parkland	July 8, 2002; July 15, 2002; Sun-Sentinel	The Honorable Sal Pagliara, Mayor of the City of Parkland, 6600 University Drive, Parkland, Florida 33067	July 1, 2002	120051 F
Seminole (FEMA Docket No. D-7529)	Unincorporated Areas	August 30, 2002; September 6, 2002; The Orlando Sentinel	Mr. Kevin Grace, Manager of Seminole County, Seminole County Services Building, 1101 East First Street, Sanford, Florida 32771	December 6, 2002	120289 E
Georgia:	Richmond (FEMA Docket No. D-7531)	City of Augusta	September 5, 2002; September 12, 2002; The Augusta Chronicle	The Honorable Bob Young, Mayor of the City of Augusta, City-County Municipal Building, 530 Greene Street, Augusta, Georgia 30911	December 12, 2002
Catoosa (FEMA Docket No. D-7531)	City of Fort Oglethorpe	September 4, 2002; September 11, 2002; Chattanooga Free Press	The Honorable Judson L. Burkhart, Mayor of the City of Fort Oglethorpe, P.O. Box 5509, 500 City Hall Drive, Fort Oglethorpe, Georgia 30742	December 11, 2002	130248 B
Illinois:	Kane (FEMA Docket No. D-7529)	Village of Sleepy Hollow	August 9, 2002; August 16, 2002; The Courier News	Mr. Stephen K. Pickett, Village of Sleepy Hollow President, 1 Thorobred Lane, Sleepy Hollow, Illinois 60118	August 1, 2002
Kane (FEMA Docket No. D-7529)	Village of West Dundee	August 9, 2002; August 16, 2002; The Daily Herald	Mr. Larry Keller, Village of West Dundee President, 102 South 2nd Street, West Dundee, Illinois 60118.	August 1, 2002	170335
Maine:	Knox (FEMA Docket No. D-7529)	Town of Camden	August 15, 2002; August 22, 2002; The Camden Herald	Mr. Roger Moody, Manager of the Town of Camden, P.O. Box 1207, Camden, Maine 04843	July 17, 2002
Pennsylvania:	Bucks (FEMA Docket No. D-7527)	Borough of Richland	August 14, 2002; August 21, 2002; The Intelligencer	Mr. Steven Tamburri, Chairman of the Township of Richland Board of Supervisors, Suite A, 1328 California Road, Quakertown, Pennsylvania 18951	November 20, 2002
Virginia:	Prince William (FEMA Docket No. D-7527)	Town of Dumfries	August 9, 2002; August 16, 2002; Potomac News	The Honorable Melvin Bray, Mayor of the Town of Dumfries, P.O. Box 56, Dumfries, Virginia 22026	July 31, 2002
Independent City (FEMA Docket No. D-7531)	City of Roanoke	September 20, 2002; September 27, 2002; Roanoke Times	The Honorable Ralph K. Smith, Mayor of the City of Roanoke, 215 Church Avenue, S.W., Room 452, Roanoke, Virginia 24011	September 12, 2002	510130 D
Fauquier (FEMA Docket No. D-7527)	Town of Warrenton	August 15, 2002; August 22, 2002; Fauquier Citizen	Mr. Kenneth L. McLawhon, Warrenton Town Manager, 18 Court Street, Warrenton, Virginia 20186	July 16, 2002	510057 B
West Virginia:	Berkeley (FEMA Docket No. D-7531)	Unincorporated Areas	September 20, 2002; September 27, 2002; Martinsburg Journal	Mr. Howard Strauss, President of Berkeley County, Board of Commissioners, 126 West King Street, Martinsburg, West Virginia 25401	September 4, 2002

(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”)

Dated: February 3, 2003.

Anthony S. Lowe,

Administrator, Federal Insurance and Mitigation Administration.