00-14295. 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 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 table below.

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 No.
California:
Orange	City of Anaheim	January 20, 2000, January 27, 2000, Anaheim Bulletin	The Honorable Tom Daly, Mayor, City of Anaheim, P.O. Box 3222, Anaheim, California 92803	January 13, 2000	060213
Orange	City of Irvine	January 31, 2000, February 7, 2000, Orange County Register	The Honorable Christina Shea, Mayor, City of Irvine, P.O. Box 19575, Irvine, California 92623-9575	December 29, 1999	060222
Orange	City of Irvine	February 24, 2000, March 2, 2000, The Irvine World News	The Honorable Christina Shea, Mayor, City of Irvine, P.O. Box 195575, Irvine, California 92623-9575	January 27, 2000	060222
Orange	City of Tustin	January 31, 2000, February 7, 2000, Orange County Register	Mr. Thomas Saltarelli, Mayor, City of Tustin, 300 Centennial Way, Tustin, California 92780	December 29, 1999	060235
Los Angeles	City of Santa Clarita	February 17, 2000, February 24, 2000, The Signal	The Honorable Joanne Darcy, Mayor, City of Santa Clarita, 23920 Valencia Boulevard, Suite 300, Santa Clarita, California 91355	January 18, 2000	060729
Colorado:
Arapahoe	Unincorporated Areas	February 10, 2000, February 17, 2000, The Villager	The Honorable Steve Ward, Chairman, Arapahoe County Board of Commissioners, 5334 South Prince Street, Littleton, Colorado 80166-0060	May 17, 2000	080011
Boulder	City of Louisville	February 23, 2000, March 1, 2000, Louisville Times	The Honorable Tom Davidson, Mayor, City of Louisville, 749 Main Street, Louisville, Colorado 80027	January 19, 2000	085076
Idaho:
Blaine	City of Bellevue	February 9, 2000, February 16, 2000, Wood River Journal	The Honorable Steve Fairbrother, Mayor, City of Bellevue, P.O. Box 449, Bellevue, Idaho 83313	January 4, 2000	160021
Blaine	Unincorporated Areas	February 9, 2000, February 16, 2000, Wood River Journal	The Honorable Mary Ann Mix, Chairperson, Blaine County Board of Commissioners, 206 First Avenue South, Suite 300, Hailey, Idaho 83333 March 1, 2000	January 4, 2000	165167
Kansas: Miami	City of Paola	February 23, 2000, March 1, 2000, Miami County Republic	The Honorable Floyd J. Grimes, Mayor, City of Paola, 19 East Teoria Paola, Kansas 66071	May 30, 2000	200224
Nebraska: Colfax	Village of Howells	February 23, 2000, March 1, 2000, Howells Journal	The Honorable Larry Jakubowski, Chairperson, Village of Howells, Board of Commissioners, 128 North Third Street, Howells, Nebraska 68641-0351	May 30, 2000	310380
Nevada: Clark	Unincorporated Areas	February 17, 2000, February 24, 2000, Las Vegas Review-Journal	The Honorable Bruce Woodbury, Chairperson, Clark County Board of Commissioners, P.O. Box 551601, Las Vegas, Nevada 89155	January 7, 2000	320003
New Mexico:
Bernalillo	Unincorporated Areas	February 25, 2000, March 3, 2000, Albuquerque Journal	The Honorable Tom Rutherford, Chairperson, Board of County Commissioners, Bernalillo County, 2400 Broadway Southeast, Albuquerque, New Mexico 87102	January 19, 2000	350001
Oklahoma:
Stephens	City of Duncan	February 7, 2000, February 14, 2000, The Duncan Banner	The Honorable Dennis Johnson, Mayor, City of Duncan, P.O. Box 969, Duncan, Oklahoma 73534	December 29, 1999	400202
Tulsa	City of Tulsa	February 24, 2000, March 2, 2000, Tulsa World	The Honorable M. Susan Savage, Mayor, City of Tulsa, City Hall, 200 Civic Center, Tulsa, Oklahoma 74103	May 31, 2000	405381
Texas:
Tarrant	City of Bedford	February 23, 2000, March 1, 2000, Fort Worth Star-Telegram	The Honorable Rick Hurt, Mayor, City of Bedford, 2000 Forest Ridge Drive, Bedford, Texas 76021	January 24, 2000	480585
Bexar	Unincorporated Areas	February 15, 2000, February 22, 2000, San Antonio Express-News	The Honorable Cyndi Taylor Krier, Bexar County Judge, Bexar County Courthouse, 100 Dolorosa, Suite 101, San Antonio, Texas 78205-3036	January 7, 2000	480035
Dallas	City of Carrolton	February 11, 2000, February 18, 2000, Metrocrest News	The Honorable Milburn Gravely, Mayor, City of Carrolton, P.O. Box 110535, Carrolton, Texas 75011-0535	January 7, 2000	480167
Dallas	City of Dallas	February 7, 2000, February 14, 2000, Dallas Morning News	The Honorable Ron Kirk, Mayor, City of Dallas, City Hall, 1500 Marilla, Dallas, Texas 75201	May 15, 2000	480171
Tarrant	City of Euless	February 23, 2000, March 1, 2000, Fort Worth Star-Telegram	The Honorable Mary Lib Saleh, Mayor, City of Euless, 201 North Ector Drive, Euless, Texas 76039	January 24, 2000	480593
Tarrant	City of Fort Worth	February 29, 2000, March 7, 2000, Fort Worth Star-Telegram	The Honorable Kenneth Barr, Mayor, City of Fort Worth, City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102-6311	January 24, 2000	480596
Tarrant	City of North Richland Hills	February 8, 2000, February 15, 2000, Fort Worth Star-Telegram	The Honorable Charles Scoma, Mayor, City of North Richland Hills, P.O. Box 820609, North Richland Hills, Texas 76182-0609	January 11, 2000	480607
Tarrant	City of Saginaw	February 29, 2000, March 7, 2000, Fort Worth Star-Telegram	The Honorable Monte Nichols, Mayor, City of Saginaw, P.O. Box 79070, Saginaw, Texas 76179	January 24, 2000	480610
Bexar	City of San Antonio	February 25, 2000, March 3, 2000, San Antonio Express-News	The Honorable Howard W. Peak, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, Texas 78283-3966	January 24, 2000	480045

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

Dated: May 17, 2000.

Michael J. Armstrong,

Associate Director for Mitigation.