04-5747. Changes in Flood Elevation Determinations

AGENCY:

Federal Emergency Management Agency (FEMA), Emergency Preparedness and Response Directorate, Department of Homeland Security.

ACTION:

Interim rule.

SUMMARY:

This interim rule lists communities where modification of the Base (1 % annual-chance) Flood Elevations (BFEs) is appropriate because of new scientific or technical data. New flood insurance premium rates will be calculated from the modified BFEs for new buildings and their contents.

DATES:

These modified BFEs 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 the listed communities.

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 for the Emergency Preparedness and Response Directorate reconsider the changes. The modified BFEs may be changed during the 90-day period.

ADDRESSES:

The modified BFEs 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:

Doug Bellomo, P.E., Hazard Identification Section, Mitigation Division, Emergency Preparedness and Response Directorate, FEMA, 500 C Street, SW., Washington, DC 20472, [phone].

SUPPLEMENTARY INFORMATION:

The modified BFEs are not listed for each community in this interim rule. However, the address of the Chief Executive Officer of the community where the modified BFE 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 BFEs 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 BFEs, 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 the other Federal, State, or regional entities.

The changes BFEs 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 for the Emergency Preparedness and Response Directorate certifies that this rule is exempt from the requirements of the Regulatory Flexibility Act because modified BFEs 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 No.
Arizona: Maricopa	City of Phoenix (03-09-0934P)	December 18, 2003; December 25, 2003; Arizona Business Gazette	The Honorable Skip Rimsza, Mayor, City of Phoenix, 200 West Washington Street, 11th Floor, Phoenix, Arizona 85003	March 25, 2004	040051
Arizona: Pima	Town of Marana (02-09-829P)	January 15, 2004; January 22, 2004; Daily Territorial	The Honorable Bobby Sutton, Jr., Mayor, Town of Marana, 13251 North Lon Adams Road, Marana, Arizona 85653	March 18, 2004	040118
Arizona: Pima	City of Tucson (02-09-829P)	January 15, 2004; January 22, 2004; Daily Territorial	The Honorable Bob Walkup, Mayor, City of Tucson, City Hall, 255 West Alameda Street, Tucson, Arizona 85701	March 18, 2004	040076
Arizona: Pima	Unincorporated Areas (02-09-829P)	January 15, 2004; January 22, 2004; Daily Territorial	The Honorable Sharon Bronson, Chair, Pima County Board of Supervisors, 130 West Congress Street, 11th Floor, Tucson, Arizona 85701	March 18, 2004	040073
Arizona: Yuma	Unincorporated Areas (02-09-045P)	December 16, 2003; December 23, 2003; Yuma Daily Sun	The Honorable Lenore Lorona Stuart, Chairperson, Yuma County Board of Supervisors, 198 South Main Street, Yuma, Arizona 85364	March 24, 2004	040099
California: Amador	City of Sutter Creek (03-09-0678P)	October 8, 2003; October 15, 2003; Ledger Dispatch	The Honorable W. Brent Parsons, Mayor, City of Sutter Creek, P.O. Box 1238, Sutter Creek, California 95685	September 19, 2003	060458
California: Contra Costa	Unincorporated Areas (03-09-1147P)	November 6, 2003; November 13, 2003; Contra Costa Times	The Honorable Mark DeSaulnier, Chairman, Contra Costa County Board of Supervisors, 2425 Bisso Lane Suite 110, Concord, California 94520	October 29, 2003	060025
California: Mono	Unincorporated Areas (02-09-0445P)	January 22, 2004; January 29, 2004; Mammoth Times	The Honorable Mary Pipersky, Chairperson, Mono County Board of Supervisors, P.O. Box 8474, Mammoth Lakes, California 93546	April 28, 2004	060194
California: Riverside	City of Murrieta (03-09-1620P)	January 22, 2004; January 29, 2004; The Californian	The Honorable Jack Van Haaster, Mayor, City of Murrieta, 26442 Beckman Court, Murrieta, California 92562	April 15, 2004	060751
California: Riverside	City of Temecula (03-09-0162P)	October 29, 2003; November 5, 2003; The Press Enterprise	The Honorable Jeff Stone, Mayor, City of Temecula, P.O. Box 9033, Temecula, California 92589-9033	February 4, 2004	060742
California: San Diego	City of Oceanside (02-09-1057P)	January 8, 2004; January 15, 2004; North County Times	The Honorable Terry Johnson, Mayor, City of Oceanside, 300 North Coast Highway Oceanside, California 92054	November 21, 2003	060294
California: San Diego	Unincorporated Areas (03-09-0999P)	November 13, 2003; November 20, 2003; The San Diego Union Tribune	The Honorable Greg Cox, Chairman, San Diego County Board of Supervisors, 1600 Pacific Highway, Room 335, San Diego, California 92101	February 19, 2003	060284
California: Ventura	City of Simi Valley (03-09-1657P)	December 11, 2003; December 18, 2003; Ventura County Star	The Honorable William Davis, Mayor, City of Simi Valley, 2929 Tapo Canyon Road Simi Valley, California 93063-2199	November 18, 2003	060421
California: Ventura	City of Simi Valley (03-09-1631P)	January 1, 2004; January 8, 2004; Ventura County Star	The Honorable William Davis, Mayor City of Simi Valley, 2929 Tapo Canyon Road, Simi Valley, California 93063-2199	April 9, 2004	060421
Colorado: Boulder	City of Boulder (03-08-0410P)	January 8, 2004; January 15, 2004; Boulder Daily Camera	The Honorable William R. Toor, Mayor, City of Boulder, 1777 Broadway, Boulder, Colorado 80306	April 15, 2004	080024
Colorado: El Paso	Town of Monument (03-08-0661P)	January 7, 2004; January 14, 2004; Tri-Lakes Tribune	The Honorable E. L. Konarski, Mayor, Town of Monument, P.O. Box 325, Monument, Colorado 80132	April 13, 2004	080064
Colorado: El Paso	Unincorporated Areas (03-08-0619P)	December 17, 2003; December 24, 2003; El Paso County News	The Honorable Chuck Brown, Chairman, El Paso County Board of Commissioners, 27 East Vermijo Avenue, Colorado Springs, Colorado 80903-2208	March 24, 2004	080059
Colorado: Gilpin	City of Black Hawk (02-08-526P)	October 10, 2003; October 17, 2003; Weekly Register Call	The Honorable Kathryn Eccker, Mayor, City of Black Hawk, P.O. Box 17, Black Hawk, Colorado 80422	September 15, 2003	080076
Colorado: Jefferson	City of Lakewood (03-08-0596P)	December 4, 2003; December 11, 2003; The Lakewood Sentinel	The Honorable Steve Burkholder, Mayor, City of Lakewood, Lakewood Civic Center South, 480 South Allison Parkway, Lakewood, Colorado 80226	March 11, 2004	085075
Colorado: Jefferson	City of Westminster (03-08-0023P)	January 8, 2004; January 15, 2004; Westminster Window	The Honorable Ed Moss, Mayor, City of Westminster, 4800 West 92nd Avenue, Westminster, CO 80031	April 14, 2004	080008
Colorado: Larimer	City of Fort Collins (03-08-0612P)	December 11, 2003; December 18, 2003; Fort Collins Coloradoan	The Honorable Ray Martinez, Mayor, City of Fort Collins, P.O. Box 580, Fort Collins, Colorado 80525	December 17, 2003	080102
Colorado: Routt	City of Steamboat Springs (03-08-0036P)	January 4, 2004; January 11, 2004; Steamboat Pilot	The Honorable Kathy Connell, City Council President, City of Steamboat Springs, P.O. Box 775088, Steamboat Springs, Colorado 80477	April 12, 2004	080159
North Carolina: Guilford	City of Greensboro (03-04-063P)	December 17, 2003; December 24, 2003; News & Record	The Honorable Keith Holliday, Mayor, City of Greensboro, P.O. Box 3136, Greensboro, North Carolina 27402	March 24, 2004	375351
Nevada: Clark	City of Henderson (03-09-0270P)	December 4, 2003; December 11, 2003; Las Vegas Review Journal	The Honorable James B. Gibson, Mayor, City of Henderson, 240 South Water Street, Henderson, Nevada 89015	November 6, 2003	320005
Texas: Dallas	City of Sachse (03-06-2321P)	January 15, 2004; January 22, 2004; Dallas Morning News	The Honorable Hugh Cairns, Mayor, City of Sachse, 7310 Vista Valley Lane, Sachse, Texas 75048	April 14, 2004	480186
Utah: Iron	City of Cedar City (03-08-0370P)	November 13, 2003; November 20, 2003; The Spectrum	The Honorable Gerald R. Sherratt, Mayor, City of Cedar City, P.O. Box 249, Cedar City, Utah 84720	February 19, 2004	490074
Washington: King	City of Bothell (03-10-0047P)	October 16, 2003; October 23, 2003; Seattle Times	The Honorable Jeff Merrill, Mayor, City of Bothell, 18305 101st Avenue Northeast, Bothell, Washington 98011	January 22, 2004	530075
Washington: King	City of Issaquah (03-10-0308P)	October 15, 2003; October 22, 2003; Issaquah Press	The Honorable Ava Frisinger, Mayor, City of Issaquah, P.O. Box 1307, Issaquah, Washington 98027-1307	January 22, 2004	530079
Washington: Spokane	City of Spokane (02-10-545P)	January 8, 2004; January 15, 2004; Spokesman Review	The Honorable John Powers, Mayor, City of Spokane, Spokane City Hall, 808 West Spokane Falls Boulevard, Spokane, Washington 99201-3355	April 14, 2004	530183
Wyoming: Teton	Teton County (03-08-0507P)	December 3, 2003; December 10, 2003; Jackson Hole News	The Honorable Bill Paddleford, Chair, Teton County Board of Commissioners, P.O. Box 3594, Jackson, Wyoming 83001	November 19, 2003	560094

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

Dated: March 3, 2004.

Anthony S. Lowe,

Mitigation Division Director, Emergency Preparedness and Response Directorate.