00-13999. 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.
Arizona: Pima	Unincorporated Areas	January 20, 2000, January 27, 2000, The Arizona Daily Star	The Honorable Sharon Bronson, Chairperson, Pima County Board of Supervisors, 130 West Congress, 11th Floor, Tucson, Arizona 85701	November 2, 1999	060344
California: Orange	City of Anaheim	January 6, 2000, January 13, 2000, Anaheim Bulletin	The Honorable Tom Daly, Mayor, City of Anaheim, P.O. Box 3222, Anaheim, California 92803	December 22, 1999	060213
Colorado:
Arapahoe	Unincorporated Areas	February 3, 2000, February 10, 2000, The Villager	The Honorable Steve Ward, Chairman, Arapahoe County Board of Commissioners, 5334 South Prince Street, Littleton, Colorado 80166-0060	January 6, 2000	080011
Larimer	City of Fort Collins	January 26, 2000, February 2, 2000, The Coloradoan	The Honorable Ray Martinez, Mayor, City of Fort Collins, P.O. Box 580, Fort Collins, Colorado 80522-0580	December 22, 1999	080102
El Paso	City of Colorado Springs	January 4, 2000, January 11, 2000, Gazette Telegraph	The Honorable Mary Lou Makepeace, Mayor, City of Colorado Springs, P.O. Box 1575, Colorado Springs, Colorado 80901-1575	December 14, 1999	080060
Jefferson	Unincorporated Areas	January 19, 2000, January 26, 2000, Columbine Community Charter	The Honorable Michelle Lawrence, Chairperson, Jefferson County Board of Commissioners, 100 Jefferson County Parkway, Suite 5550, Golden, Colorado 80419	December 22, 1999	080087
Larimer	Unincorporated Areas	January 26, 2000, February 2, 2000, The Coloradoan	The Honorable Cheryl Olson, Chairperson, Larimer County Board of Commissioners, P.O. Box 1190, Fort Collins, Colorado 80522-1190	December 22, 1999	080101
Hawaii: Hawaii	Hawaii	February 2, 2000, February 9, 2000, West Hawaii Today	The Honorable Stephen K. Yamashiro, Mayor, Hawaii County, 25 Aupuni Street, Room 202, Hilo, Hawaii 96720-4252	January 6, 2000	155166
Missouri:
Butler	Unincorporated Areas	January 24, 2000, January 31, 2000, Daily American Republic	The Honorable Joe Humphrey, Commissioner, Butler County, Butler County Courthouse, Room 203, Poplar Bluff, Missouri 63901	January 27, 2000	290044
St. Louis	City of Chesterfield	January 11, 2000, January 18, 2000, St. Louis Countian	The Honorable Nancy Greenwood, Mayor, City of Chesterfield, 16052 Swingley Ridge Road, Suite 100, Chesterfield, Missouri 63017	April 17, 2000	290896
Butler	City of Poplar Bluff	January 24, 2000, January 31, 2000, Daily American Republic	The Honorable Reid Forrester, Mayor, City of Poplar Bluff, City Hall, 101 Oak Street, Poplar Bluff, Missouri 63901	December 27, 1999	290047
Pemiscot	City of Steele	February 3, 2000, February 10, 2000, The Steele Enterprise	The Honorable Keith Samford, Mayor, City of Steele, 115 South Walnut Street, Steele, Missouri 63877	December 20, 1999	290279
St. Louis	City of Wildwood	January 11, 2000, January 18, 2000, St. Louis Countian	The Honorable R. W. Marcantano, Mayor, City of Wildwood, 16962 Manchester Road, Wildwood, Missouri 63040	April 17, 2000	290922
New Mexico:
Sandoval	Town of Bernalillo	January 24, 2000, January 31, 2000, Albuquerque Journal	The Honorable Charles Aguilar, Mayor, Town of Bernalillo, P.O. Box 638, Bernalillo, New Mexico 87004	December 14, 1999	350056
Sandoval	City of Rio Rancho	January 24, 2000, January 31, 2000, Albquerque Journal	The Honorable John Jennings, Mayor, City of Rio Rancho, P.O. Box 15550, Rio Rancho, New Mexico 87174	December 14, 1999	350146
Sandoval	Unincorporated Areas	January 24, 2000, January 31, 2000, Albuquerque Journal	Ms. Debbie Hays, County, Manager, Sandoval County, P.O. Box 40, Bernalillo, New Mexico 87004	December 14, 1999	350055
Texas:
Dallas	City of Dallas	December 28, 1999, January 4, 2000, Dallas Morning News	The Honorable Ron Kirk, Mayor, City of Dallas, City Hall, 1500 Marilla Street, Dallas, Texas 75201	December 2, 1999	480171
Dallas	City of Dallas	January 5, 2000, January 12, 2000, Dallas Morning News	The Honorable Ron Kirk, Mayor, City of Dallas, City Hall, 1500 Marilla, Dallas, Texas 75201	December 15, 1999	480171
Dallas	City of Dallas	January 17, 2000, January 24, 2000, Dallas Morning News	The Honorable Ron Kirk, Mayor, City of Dallas, City Hall, 1500 Marilla, Dallas, Texas 75201	December 20, 1999	480171
Tarrant	City of Euless	January 24, 2000, January 31, 2000, Fort Worth Star-Telegram	The Honorable Mary Lib Saleh, Mayor, City of Euless, 201 North Ector Drive, Euless, Texas 76039	December 22, 1999	480593
Tarrant	City of Fort Worth	January 24, 2000, January 31, 2000, Fort Worth Star-Telegram	The Honorable Kenneth Barr, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102	December 22, 1999	480596
Harris	Unincorporated Areas	December 28, 1999, January 4, 2000, Houston Chronicle	The Honorable Robert Eckels, Harris County Judge, Harris County, 1001 Preston Street, Suite 911, Houston, Texas 77002	December 15, 1999	480287
Harris	Unincorporated Areas	December 28, 1999, January 4, 2000, Houston Chronicle	The Honorabale Robert Eckels, Harris County Judge, 1001 Preston Street, Suite 911, Houston, Texas 77002	April 3, 2000	480287
Bexar	Town of Hollywood Park	January 5, 2000, January 12, 2000, San Antonio Express-News	The Honorable Gary Mercer, Mayor, Town of Hollywood Park, Two Mecca Drive, Hollywood Park, Texas 78232	April 11, 2000	480040
Midland	City of Midland	January 4, 2000, January 11, 2000, Midland Reporter-Telegram	The Honorable Robert Burns, Mayor, City of Midland, P.O. Box 1152, Midland, Texas 79702-1152	December 7, 1999	480477
Bexar	City of San Antonio	February 4, 2000, February 11, 2000, San Antonio Express-News	The Honorable Howard W. Peak, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, Texas 78282-3966	May 11, 2000	480045
Bexar	City of San Antonio	January 5, 2000, January 12, 2000, San Antonio Express-News	The Honorable Howard W. Peak, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, Texas 78283-3966	April 11, 2000	480045
Bexar	City of Shavano Park	January 5, 2000, January 12, 2000, San Antonio Express-news	The Honorable Tommy Peyton, Mayor, City of Shavano Park, 99 Saddletree Road, San Antonio, Texas 78231	April 11, 2000	480047

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

Dated: May 17, 2000.

Michael J. Armstrong,

Associate Director for Mitigation.