03-3336. Changes in Flood Elevation Determinations

AGENCY:

Federal Emergency Management Agency, FEMA.

ACTION:

Interim rule.

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.

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 Administrator reconsider the changes. The modified elevations may be changed during the 90-day period.

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 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 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 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.

§ 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
Florida:	Monroe	Unincorporated Areas	January 14, 2003; January 21, 2003; The Key West Citizen	Mr. James Roberts, Monroe County Administrator, 1100 Simonton Street, Key West, Florida 33040	December 31, 2002
Orange	City of Ocoee	December 4, 2002; December 11, 2002; The Orlando Sentinel	The Honorable S. Scott Vandergift, Mayor of the City of Ocoee, City Hall, 150 North Lakeshore Drive, Ocoee, Florida 34761	March 12, 2003	120185 E
Orange	Unincorporated Areas	December 27, 2002; January 3, 2003; The Orlando Sentinel	Dr. M. Krishnamurthy, P.E., Orange County Stormwater Management Manager, 4200 South John Young Parkway, Orlando, Florida 32839	December 13, 2002	120179 E
Orange	City of Orlando	December 27, 2002; January 3, 2003; The Orlando Sentinel	The Honorable Glenda E. Hood, Mayor of the City of Orlando, 400 South Orange Avenue, Orlando, Florida 32802	December 13, 2002	120186 E
Santa Rosa	Unincorporated Areas	January 11, 2003; January 18, 2003; The Press Gazette	Mr. Hunter Walker, Santa Rosa County Administrator, 6495 Caroline Street, Suite D, Milton, Florida 32570-4592	December 31, 2002	120274 C
Leon	City of Tallahassee	December 17, 2002; December 24, 2002; Tallahassee Democrat	The Honorable Scott Maddox, Mayor of the City of Tallahassee, City Hall 300 Adams Street, Tallahassee, Florida 32301-1731	March 25, 2003	120144 D
Georgia: Cobb	City of Marietta	December 27, 2002; January 3, 2003; Marietta Daily Journal	The Honorable Bill Dunaway, Mayor of the City of Marietta, 205 Lawrence Street, P.O. Box 3536, Marietta, Georgia 30061	April 4, 2003	130226 D
Illinois:	DuPage	Village of Carol Stream	November 26, 2002; December 3, 2002; The Daily Herald	The Honorable Ross Ferraro, Mayor of the Village of Carol Stream, 500 North Gary Avenue, Carol Stream, Illinois 60188	December 19, 2002
Kane	Unincorporated Areas	January 14, 2003; January 21, 2003; Kane County Chronicle	Mr. Michael W. McCoy, Chairman of the Kane County Board of Commissioners, 719 South Batavia Avenue, Geneva, Illinois 60134	December 31, 2002	170896 F
DuPage	Village of Lisle	December 20, 2002; December 27, 2002; Daily Herald	The Honorable Joseph Broda, Mayor of the Village of Lisle, 1040 Burlington Avenue, Lisle, Illinois 60532	December 12, 2002	170211 B
Indiana: Allen	City of Fort Wayne	November 27, 2002; December 4, 2002; The Journal Gazette	The Honorable Graham Richard, Mayor of the City of Fort Wayne, City-County Building, 1 Main Street, 9th floor, Fort Wayne, Indiana 46802-1804	March 5, 2003	180003 E
Maryland:	Frederick	City of Frederick	October 18, 2002; October 25, 2002; Frederick News Post	The Honorable Jennifer P. Dougherty, Mayor of the City of Frederick, 101 North Court Street, Frederick, Maryland 21701	January 24, 2003
Harford	Unincorporated Areas	January 10, 2003; January 17, 2003; The Aegis	Mr. James M. Harkins, Harford County Executive, 220 South Main Street, Bel Air, Maryland 21014	April 18, 2003	240040 D
Washington	Unincorporated Areas	January 17, 2003; January 24, 2003; The Herald Mail	Mr. Rodney Shoop, Washington County Administrator, 100 West Washington Street, Hagerstown, Maryland 21740	April 25, 2003	240070 B
Massachusetts:	Middlesex	Town of Concord	December 5, 2002; December 12, 2002; Concord Journal	Mr. Christopher Whelan, Manager of the Town of Concord, 22 Monument Square, P.O. Box 535, Concord, Massachusetts 01742	November 22, 2002
Michigan: Kent	City of Kentwood	January 10, 2003; January 17, 2003; The Grand Rapids Press	The Honorable Bill Hardiman, Mayor of the City of Kentwood, P.O. Box 8848, Kentwood, Michigan 49518-8848	December 31, 2002	260107 B
Mississippi:	Hinds	City of Clinton	January 9, 2003; January 15, 2003; The Clarion-Ledger	The Honorable Rosemary G. Aultman, Mayor of the City of Clinton, P.O. Box 156, Clinton, Mississippi 39060	December 31, 2002
Madison	City of Ridgeland	January 2, 2003; January 9, 2003; The Clarion-Ledger	The Honorable Gene F. McGee, Mayor of the City of Ridgeland, P.O. Box 217, Ridgeland, Mississippi 39158	April 10, 2003	280110 D
Madison	City of Ridgeland	January 30, 2003; February 6, 2003; The Clarion-Ledger	The Honorable Gene F. McGee, Mayor of the City of Ridgeland, P.O. Box 217, Ridgeland, Mississippi 39158	May 8, 2003	280110 D
New Hampshire: Grafton	Town of Holderness	December 5, 2002; December 12, 2002; The Record Enterprise	Mr. Steve Huss, Chairman of the Town of Holderness Board of Selectmen, Holderness Town Hall, P.O. Box 203, Holderness, New Hampshire 03245	March 13, 2002	330059 C
New Jersey:	Union	Township of Berkeley Heights	January 15, 2003; January 22, 2003; The Courier-News	The Honorable David A. Cohen, Mayor of the Township of Berkeley Heights, 29 Park Avenue, Berkeley Heights, New Jersey 07922	April 23, 2003
Atlantic	City of Brigantine	November 29, 2002; December 6, 2002; The Beachcomer News	Mr. George McDermott, Brigantine City Manager, Brigantine Municipal Building, 1417 West Brigantine Avenue, Brigantine, New Jersey 08203	November 20, 2002	345286 B
New York: Erie	Town of Hamburg	December 12, 2002; December 19, 2002; Hamburg Sun	Mr. Patrick H. Hoak, Hamburg Town Supervisor, 6100 South Park Avenue, Hamburg, New York 14075	June 3, 2003	360244 D
Pennsylvania: Chester Borough of Downingtown	January 8, 2003; January 15, 2003; Daily Local News	Mr. Casey Lalonde, Borough of Downingtown, Interim Manager, 4-10 West Lancaster Avenue, Downingtown, Pennsylvania 19335	December 30, 2002	420275 E
York	Township of Springettsbury	December 20, 2002; December 27, 2002; The York Dispatch	Mr. Robert J. Sabatini, Jr., Springettsbury Township Manager, 1501 Mt. Zion Road, York, Pennsylvania 17402	March 28, 2003	421031 A
York	Township of Spring Garden	December 20, 2002; December 27, 2002; The York Dispatch	Mr. Joseph F. Barrons, Spring Garden Township Manager, 558 Ogantz Street, York, Pennsylvania 17403	March 28, 2003	420937 B
Common-wealth	Puerto Rico	January 17, 2003; January 24, 2003; The San Juan Star	The Honorable Sila Maria Canderon, Governor of the Commonwealth of Puerto Rico, Office of the Governor, P.O. Box 9020082, San Juan, Puerto Rico 00902	April 25, 2003	720000 C
Tennessee:	Shelby	City of Memphis	December 30, 2002; January 6, 2003; The Commercial Appeal	The Honorable Willie W. Herenton, Ph.D., Mayor of the City of Memphis, 125 North Main Street, Suite 700, Memphis, Tennessee 38103	December 20, 2002
Nashville and Davidson	Metropolitan Government	December 13, 2002; December 20, 2002; The Tennessean	The Honorable William Purcell, Mayor of the Metropolitan Government of Nashville and Davidson County, 107 Metropolitan Courthouse, Nashville, Tennessee 37201	December 6, 2002	470040 F
Shelby	Unincorporated Areas	December 17, 2002; December 24, 2002 The Commercial Appeal	The Honorable A.C. Wharton, Jr., Mayor of Shelby County, 160 North Main Street, Suite 850, Memphis, Tennessee 38103	December 10, 2002	470214 E
Virginia: Loudoun	Town of Leesburg	January 3, 2003; Loudoun Times Mirror	The Honorable Kristen Umstattd, Mayor of the Town of Leesburg, 25 West Market Street, P.O. Box 88, Leesburg, Virginia 20178	December 30, 2002	510091 D
West Virginia: McDowell	Unincorporated Areas	January 8, 2003; January 15, 2003; The Welch News	Mr. B.G. Smith, McDowell County Administrator, 90 Wyoming Street, Suite 109, Welch, West Virginia 25801	April 16, 2003	540114 B
Wisconsin:	Chippewa	Unincorporated Areas	January 8, 2003; January 15, 2003; The Chippewa Herald	Mr. Michael Murphy, Chairman of the Chippewa County Board, 711 North Bridge Street, Chippewa Falls, Wisconsin 54729	December 30, 2002
Lincoln	City of Merrill	November 26, 2002; December 3, 2002; The Tomahawk Leader	The Honorable Douglas Williams, Mayor of the City of Merrill, 1004 East First Street, Merrill, Wisconsin 54452	November 18, 2002	555565 B
Pierce	Unincorporated Areas	January 15, 2003; January 22, 2003; Pierce County Herald	Mr. Richard Truax, Pierce County Board Chairman, P.O. Box 128, Ellsworth, Wisconsin 54011	April 21, 2003	555571 B

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

Dated: February 3, 2003.

Anthony S. Lowe,

Administrator, Federal Insurance and Mitigation Administration.