Changes in Flood Elevation Determinations

FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 65

[Docket No. FEMA-D-7535]

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, (202) 646-2878, or (email)

Michael.Grimm@fema.gov.

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

125129 C

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

170202 C

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

240030 B

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

250189 B

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

280071 D

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

340459 E

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

470177 E

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

555549 C

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.

[FR Doc. 03-3336 Filed 2-10-03; 8:45 am]

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