00-2803. 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) 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 Associate Director for Mitigation 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:

Matthew B. Miller, P.E., Chief, Hazards Study Branch, Mitigation Directorate, 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 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 Associate Director for Mitigation 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	Dates and name of newspaper where notice was published	Chief executive officer of community	Effective date of modification	Community number
California:
Santa Clara	City of Milpitas	December 3, 1999, December 10, 1999, San Jose Mercury News	The Honorable Henry Manayan, Mayor, City of Milpitas, 455 East Calaveras Boulevard, Milpitas, California 95035	November 2, 1999	060344
Sacramento	City of Sacramento	December 21, 1999, December 28, 1999, Sacramento Bee	The Honorable Joe Serna, Mayor, City of Sacramento, City Hall, 9151 I Street, Room 205, Sacramento, California 95814	November 24, 1999	060266
Sacramento	Unincorporated Areas	December 15, 1999, December 22, 1999, Sacramento Bee	The Honorable Muriel Johnson, Chairperson, Sacramento County Board of Supervisors, 700 H Street, Room 2450, Sacramento, California 95814	March 21, 2000	060262
Sacramento	Unincorporated Areas	December 21, 1999, December 28, 1999, Sacramento Bee	The Honorable Muriel Johnson, Chairperson, Sacramento County Board of Supervisors, 700 H Street, Room 2450, Sacramento, California 95814	November 24, 1999	060262
Colorado:
Boulder	City of Boulder	December 9, 1999, December 16, 1999, Daily Camera	The Honorable Robert D. Greenlee, Mayor, City of Boulder, P.O. Box 791, Boulder, Colorado 80306	November 9, 1999	080024
Kansas:
Butler	Unincorporated Areas	November 26, 1999, December 3, 1999, El Dorado Times	The Honorable Linsey Cutsinger, Butler County Commissioner Chair, Butler County Courthouse, 205 West Central Avenue, Fourth Floor, El Dorado, Kansas 67042	March 2, 2000	200037
Missouri:
St. Louis	City of Chesterfield	December 14, 1999, December 21, 1999, St. Louis Countian	The Honorable Nancy Greenwood, Mayor, City of Chesterfield, 16052 Swingley Ridge Road, Suite 100, Chesterfield, Missouri 63017	November 24, 1999	290896
Clay	Unincorporated Areas	December 16, 1999, December 23, 1999, Kearney Courier	The Honorable Thomas M. Brandon, Commissioner, Clay County, Courthouse Square, Liberty, Missouri 64068	March 22, 2000	290068
Jackson	Unincorporated Areas	December 16, 1999, December 23, 1999, The Independence Examiner	The Honorable Katheryn Shields, County Executive, Jackson County Courthouse, 415 East 12th Street, Kansas City, Missouri 64106	March 22, 2000	290492
Ray	Unincorporated Areas	December 16, 1999, December 23, 1999, Daily News	The Honorable William Edgar, Commissioner, Ray County, 100 West Main Street, Richmond, Missouri 64085	March 22, 2000	290778
Nevada:
Clark	City of Las Vegas	December 8, 1999, December 15, 1999, Las Vegas Review Journal	The Honorable Oscar Goodman, Mayor, City of Las Vegas, 400 East Stewart Avenue, Las Vegas, Nevada 89101	November 2, 1999	325276
Oregon:
Marion	Unincorporated Areas	December 2, 1999, December 9, 1999, Statesman Journal	The Honorable Patti Milne, Chairman, Marion County Board of Supervisors, County Courthouse, 100 High Street Northeast, Salem, Oregon 97301	November 9, 1999	410154
Texas:
Collin	City of Allen	December 8, 1999, December 15, 1999, Allen American	The Honorable Steve Terrell, Mayor, City of Allen, One Butler Circle, Allen, Texas 75013	November 2, 1999	480131
Tarrant	City of Arlington	December 3, 1999, December 10, 1999, Fort Worth Star-Telegram	The Honorable Elzie Odom, Mayor, City of Arlington, P.O. Box 231, Arlington, Texas 76004-0231	November 3, 1999	485454
Denton	Town of Copper Canyon	December 22, 1999, December 29, 1999, Lewisville News	The Honorable Thomas A. Rogers, Mayor, Town of Copper Canyon, City Hall, 400 Woodland Drive, Copper Canyon, Texas 75067-8501	March 28, 2000	481508
Dallas	City of Dallas	November 30, 1999, December 7, 1999, Dallas Morning News	The Honorable Ronald Kirk, Mayor, City of Dallas, City Hall, 1500 Marilla Street, Room 5EN, Dallas, Texas 75201	November 1, 1999	480171
Denton	Town of Flower Mound	December 22, 1999, December 29, 1999, Lewisvillle News	The Honorable Lori DeLuca, Mayor, Town of Flower Mound, Town Hall, 2121 Cross Timbers Drive, Flower Mound, Texas 75028	November 29, 1999	480777
Denton	City of Highland Village	December 22, 1999, December 29, 1999, Lewisville News	The Honorable Austin Adams, Mayor, City of Highland Village, City Hall, 1800 FM 407, Highland, Texas 75077	March 28, 2000	481105
Montgomery	Unincorporated Areas	December 20, 1999, December 27, 1999, Conroe Courier	The Honorable Alan Sadler, Montgomery County Judge, 301 North Thompson Street, Suite 210, Conroe, Texas 777301	November 29, 1999	480483
Hays	City of San Marcos	November 26, 1999, December 3, 1999, San Marcos Daily Record	The Honorable Billy Moore, Mayor, City of San Marcos, City Hall, 630 East Hopkins Street, San Marcos, Texas 78666	March 2, 2000	485505
Fort Bend	Unincorporated Areas	December 15, 1999, December 22, 1999, Herald Coaster	The Honorable James C. Adolphus, Fort Bend County Judge, 301 Jackson Street, Suite 719, Richmond, Texas 77469	November 5, 1999	480228
Collin	City of Frisco	December 3, 1999, December 10, 1999, Frisco Enterprise	The Honorable Kathy Seei, Mayor, City of Frisco, P.O. Box 1100, Frisco, Texas 75034	March 9, 2000	480134
Dallas	City of Garland	November 18, 1999, November 25, 1999, Garland News	The Honorable Jim Spence, Mayor, City of Garland, 200 North Fifth Street, Garland, Texas 75040	October 12, 1999	485471
Dallas	City of Garland	November 18, 1999, November 25, 1999, Garland News	The Honorable Jim Spence, Mayor, City of Garland, P.O. Box 469002, Garland, Texas 75046-9002	February 23, 2000	485471
Cameron	Town of South Padre Island	November 18, 1999, November 25, 1999, Port Isable and South Padre Press	The Honorable Edmund Cyganiewicz, Mayor, Town of South Padre Island, 4501 Padre Boulevard, South Padre Island, Texas 78597	October 12, 1999	480115
Utah:
Davis	Unincorporated Areas	December 2, 1999, December 9, 1999, Davis County Clipper	The Honorable Dannie McConkie, Chairman, Davis County Board of Supervisors, P.O. Box 618, Farmington, Utah 84025	October 26, 1999	490038
Davis	City of Kaysville	December 2, 1999, December 9, 1999, Davis County Clipper	The Honorable Brian Cook, Mayor, City of Kaysville, 23 East Center Street, Kaysville, Utah 84037	October 26, 1999	490046

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

Dated: January 28, 2000.

Michael J. Armstrong,

Associate Director for Mitigation.