03-3184. 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-percent-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 below and revise the Flood Insurance Rate Maps 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, Federal Insurance and Mitigation Administration, 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 table below.

FOR FURTHER INFORMATION CONTACT:

Michael M. Grimm, Acting Chief, Hazards Study Branch, Federal Insurance and Mitigation Administration, 500 C Street SW., Washington, DC 20472, [phone], or (e-mail) [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 on knowledge of changed conditions or 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 NFIP. 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 and case No.	Date and name of newspaper where notice was published	Chief executive officer of community	Effective date of modification	Community
Arizona:
Coconino	City of Flagstaff (00-09-745P)	Nov. 7, 2002, Nov. 14, 2002, Arizona Daily Sun	The Honorable Joseph C. Donaldson, Mayor, City of Flagstaff, 211 West Aspen Avenue, Flagstaff, Arizona 86001	Jan. 4, 2001	040020
Maricopa	Town of Cave Creek (00-09-495P)	Oct. 31, 2002, Nov. 7, 2002, Arizona Business Gazette	The Honorable Vincent Francia, Mayor, Town of Cave Creek, Town Hall, 37622 North Cave Creek Road, Cave Creek, 85331	Feb. 15, 2001	040129
Maricopa	City of Chandler (01-09-006P)	Nov. 7, 2002, Nov. 14, 2002, Arizona Republic	The Honorable Boyd Dunn, Mayor, City of Chandler, 55 North Arizona Place, Suite 3014, Chandler, Arizona 85225	Dec. 13, 2000	040040
Maricopa	City of Goodyear (00-09-975P)	Nov. 6, 2002, Nov. 13, 2002, West Valley View	The Honorable Bill Arnold, Mayor, City of Goodyear, 190 North Litchfield, Goodyear, Arizona 85338	Feb. 15, 2001	040046
Maricopa	City of Phoenix (00-09-495P)	Nov. 7, 2002, Nov. 14, 2002, Arizona Business Gazette	The Honorable Skip Rimsza, Mayor, City of Phoenix, 200 West Washington, 11th Floor, Phoenix, Arizona 85003-1611	Feb. 15, 2001	040051
Maricopa	Unincorporated Areas (00-09-495P)	Nov. 7, 2002, Nov. 14, 2002, Arizona Business Gazette	The Honorable Don Stapley, Chairman, Maricopa County, Board of Supervisors, 301 West Jefferson, 10th Floor, Phoenix, Arizona 85003	Feb. 15, 2001	040037
California
Monterey	Unincorporated Areas (02-09-869P)	Dec. 12, 2002, Dec. 19, 2002, Californian	The Honorable Dave Potter, Chairman, Monterey County Board of Supervisors, P.O. Box 180 , Salinas, California 93902	Mar. 20, 2003	060195
Sacramento	Unincorporated Areas (02-09-1169P)	Oct. 17, 2002, Oct. 24, 2002, Daily Recorder	The Honorable Roger Niello, Chairman, Sacramento County Board of Supervisors, 700 H Street, Room 2450, Sacramento, California 95814	Jan. 23, 2003	060262
San Diego	City of San Diego (02-09-1472X)	Dec. 4, 2002, Dec. 11, 2002, San Diego Union Tribune	The Honorable Richard M. Murphy, Mayor, City of San Diego, 202 C Street, 11th Floor, San Diego, California 92101	Nov. 22, 2002	060295
Santa Clara	Town of Los Gatos (01-09-159P)	Oct. 16, 2002, Oct. 23, 2002, Los Gatos Weekly-Times	Mr. John Curtis, P.E. Director of Parks and Public Works, Town of Los Gatos, P.O. Box 949, Los Gatos, California 95031	Jan. 22, 2003	060343
Santa Clara	Unincorporated Areas (01-09-159P)	Oct. 16, 2002, Oct. 23, 2002, Los Gatos Weekly-Times	The Honorable Donald F. Gage, Chairman, Santa Clara County Board of Supervisors, East Wing, 10th Floor, 70 West Hedding Street, San Jose, California 95110	Jan. 22, 2003	060337
Ventura	City of Camarillo (02-09-583P)	Oct. 24, 2002, Oct. 31, 2002, Ventura County Star	The Honorable Jan McDonald, Mayor, City of Camarillo, 601 Carmen Drive, Camarillo, California 93010	Jan. 30, 2003	065020
Ventura	City of Simi Valley (03-09-0051X)	Nov. 14, 2002, Nov. 24, 2002, Ventura County Star	The Honorable William Davis, Mayor, City of Simi Valley, 2929 Tapo Canyon Road, Simi Valley, California 93063	Nov. 6, 2002	060421
Ventura	Unincorporated Areas (02-09-1213P)	Oct. 31, 2002, Nov. 7, 2002, Fillmore Gazette	The Honorable Frank Schillo, Chairman, Ventura County Board of Supervisors, 800 South Victoria Avenue, Ventura, California 93009	Feb. 6, 2003	060413
Colorado:
Adams	City of Commerce City (02-08-283P)	Oct. 24, 2002, Oct. 31, 2002, Denver Post	The Honorable E.E. “Casey” Hayes, Mayor, City of Commerce City, 5291 East 60th Avenue, Commerce City, Colorado 80022	Jan. 30, 2003	080006
Adams	City of Thornton (02-08-283P)	Oct. 24, 2002, Oct. 31, 2002, Denver Post	The Honorable Noel Busck, Mayor, City of Thornton, 9500 Civic Center Drive, Thornton, CO 80229	Jan. 30, 2003	080007
Adams	Unincorporated Areas (02-08-283P)	Oct. 24, 2002, Oct. 31, 2002, Denver Post	The Honorable Martin Flaum, Chairman, Adams County Board of Commissioners, 450 South Fourth Avenue, Brighton, Colorado 80601	Jan. 30, 2003	080001
Adams, Boulder, Jefferson, Weld	City of Broomfield (02-08-156P)	Nov. 20, 2002, Nov. 27, 2002, Denver Post	The Honorable Karen Stuart, Mayor, City and County of Broomfield, One Des Combes Drive, Broomfield, Colorado 80020	Feb. 26, 2003	085073
Boulder	City of Boulder (02-08-340P)	Nov. 21, 2002, Nov. 28, 2002, Denver Post	The Honorable William R. Toor, Mayor, City of Boulder, 1777 Broadway, Boulder, Colorado 80306	Feb. 27, 2003	080024
Douglas	Town of Parker (02-08-171P)	Oct. 10, 2002, Oct. 17, 2002, Denver Post	The Honorable Gary Lasater, Mayor, Town of Parker, 20120 East Main Street, Parker, Colorado 80138	Jan. 16, 2003	080310
Douglas	Unincorporated Areas (02-08-171P)	Oct. 10, 2002, Oct. 17, 2002, Denver Post	The Honorable James R. Sullivan, Chairman, Douglas County Board of Commissioners, 100 Third Street, Castle Rock, Colorado 80104	Jan. 16, 2003	080049
Garfield	City of Rifle (02-08-123P)	Dec. 26, 2002, Jan. 2, 2003, Citizen Telegram	The Honorable Keith Lambert, Mayor, City of Rifle, 202 Railroad Avenue, Rifle, Colorado 81650	Dec. 4, 2002	085078
Larimer	City of Fort Collins (01-08-092P)	Nov. 7, 2002, Nov. 14, 2002, Fort Collins Coloradoan	The Honorable Ray Martinez, Mayor, City of Fort Collins, P.O. Box 580, Fort Collins, Colorado 80522-0580	May 30, 2001	080102
Hawaii.
Hawaii	Hawaii County (99-09-680P)	Nov. 7, 2002, Nov. 14, 2002, Hawaii Tribune Herald	The Honorable Harry Kim, Mayor, Hawaii County, 25 Aupuni Street, Hilo, Hawaii 96720	Aug. 15, 2000	155166
Honolulu	City and County of Honolulu (00-09-244P)	Nov. 7, 2002, Nov. 14, 2002, Honolulu Star Bulletin	The Honorable Jeremy Harris, Mayor, City and County of Honolulu, 530 South King Street, Honolulu, Hawaii 96813	Feb. 1, 2001	150001
Missouri:
Clay	Unincorporated Areas (03-07-0112P)	Jan. 2, 2003, Jan. 9, 2003, Kearney Courier	The Honorable Thomas Brandon, Presiding Commissioner, Clay County, Clay County Courthouse, One Courthouse Square, Liberty, Missouri 64068	Apr. 24, 2003	290086
Montana:
Gallatin	City of Bozeman (00-08-367P)	Nov. 7, 2002, Nov. 14, 2002, Bozeman Daily Chronicle	The Honorable Steven Kirchhoff, Mayor, City of Bozeman, P.O. Box 1230, Bozeman, Montana 59771-1230	Dec. 20, 2000	300028
Texas:
Bexar	City of San Antonio (00-06-862P)	Nov. 7, 2002, Nov. 14, 2002, San Antonio Express News	The Honorable Ed Garza, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, Texas 78283-3966	Apr. 2, 2001	480045
Utah:
Washington	City of St. George (02-08-101P)	Dec. 19, 2002, Dec 26, 2002, Spectrum	The Honorable Daniel McArthur, Mayor, City of St. George, 175 East 200 North, St. George, Utah 84770	Mar. 27, 2003	490177
Washington:
Spokane	Unincorporated Areas (02-10-614P)	Nov. 21, 2002, Nov. 28, 2002, Spokesman-Review	Ms. Francine Boxer, Chief Executive Officer, Spokane County, 1116 West Broadway Avenue, Spokane, Washington 99260	Mar. 25, 2003	530174

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

Dated: January 28, 2003.

Anthony S. Lowe,

Administrator, Federal Insurance and Mitigation Administration.