Federal Emergency Management Agency, Emergency Preparedness and Response Directorate, Department of Homeland Security.
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.
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 Mitigation Division Director reconsider the changes. The modified elevations may be changed during the 90-day period.
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.Start Further Info
FOR FURTHER INFORMATION CONTACT:
Mary Jean Pajak, Acting Chief, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-2831.End Further Info End Preamble Start 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 Start Printed Page 22617stringent 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.
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.Start List of Subjects
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:End Amendment Part Start Part
PART 65—[AMENDED]End Part Start Amendment Part
1. The authority citation for part 65 continues to read as follows:End Amendment Part
2. The tables published under the authority of § 65.4 are amended as follows:End Amendment Part
|State and county||Location||Dates and name of newspaper where notice was published||Chief executive officer of community||Effective date of modification||Community No.|
|Michigan: Oakland||City of Novi||January 9, 2003, January 16, 2003, Novi News||The Honorable Richard Clark, Mayor of the City of Novi, Civic Center, 45175 West Ten Mile Road, Novi, Michigan 48375-3024||Dec. 31, 2002||260175 C|
|Union||Township of Berkeley Heights||February 2, 2003, February 10, 2003, The Courier-News||The Honorable David A. Cohen, Mayor of the Township of Berkeley Heights, 29 Park Avenue, Berkeley Heights, New Jersey 07922||May 12, 2003||340459 E|
|Middlesex||Borough of South Plainfield||February 21, 2003, February 28, 2003, The Observer||The Honorable Daniel Gallagher, Mayor of the Borough of South Plainfield, Municipal Building, 2480 Plainfield Avenue, South Plainfield, New Jersey 07080||May 30, 2003||340279 B|
|Swain, Jackson, Graham, Cherokee, and Haywood||Eastern Band of Cherokee Indians||February 12, 2003, February 19, 2003 Cherokee One Feather||The Honorable Leon D. Jones, Principal Chief, Eastern Band of Cherokee Indians, P.O. Box 455, Cherokee, North Carolina 28719||Feb. 3, 2003||370401 B|
|Wake||City of Raleigh||January 17, 2003, January 24, 2003, The News & Observer||The Honorable Charles Meeker, Mayor of the City of Raleigh, P.O. Box 590, 222 West Hargett Street, Raleigh, North Carolina||Jan. 30, 2003||370243 E|
|Pennsylvania:||Bucks||Borough of White Oak||February 25, 2003, March 4, 2003, The Daily News||Mr. Wayne Washowich, Council President of the Borough of White Oak, 2280 Lincoln Way, White Oak, Pennsylvania 15313||Feb. 13, 2003|
(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”)Start Signature
Dated: April 23, 2003.
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response Directorate.
[FR Doc. 03-10488 Filed 4-28-03; 8:45 am]
BILLING CODE 6718-04-P