01-15925. 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 (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 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 Acting Administrator, Federal Insurance Administration and Mitigation reconsider the changes. The modified elevations 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 following table.

FOR FURTHER INFORMATION CONTACT:

Matthew B. Miller, P.E., Chief, Hazards Study Branch, Mitigation Directorate, FEMA, 500 C Street SW., Washington, DC 20472, [phone], or (e-mail) [e-mail].

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 base flood elevation determinations are available for inspection is provided.

Any request for reconsideration must be based on 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 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 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 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 Acting Administrator, Federal Insurance Administration and Mitigation 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	Dates and name of newspaper where notice was published	Chief executive officer of community	Effective date of modification	Community number
Alaska: Unorganized Borough	Municipality of Anchorage	April 6, 2001, April 13, 2001, Anchorage Daily News	The Honorable George P. Wuerch, Mayor, Municipality of Anchorage, P.O. Box 196650, Anchorage, Alaska 99519-6650	March 14, 2001	020005
Arkansas:
Faulkner	City of Conway	April 5, 2001, April 13, 2001, Log Cabin Democrat	The Honorable Tab Townsell, Mayor, City of Conway, City Hall, 1201 Oak Street, Conway, Arkansas 72032	March 13, 2001	050078
Faulkner	Unincorporated Areas	April 5, 2001, April 13, 2001, Log Cabin Democrat	The Honorable John Wayne Carter, Faulkner County Judge, Faulkner County Court House, 801 Locust Avenue, Conway, Arkansas 72032	March 13, 2001	050431
Arizona:
Maricopa	City of Scottsdale	April 6, 2001, April 13, 2001, Arizona Republic	The Honorable Mary Manross, Mayor, City of Scottsdale, 3939 North Drinkwater Boulevard, Scottsdale, Arizona 85251	March 13, 2001	045012
Maricopa	City of Tucson	March 23, 2001, March 30, 2001, Tucson Citizen	The Honorable Robert Walkup, Mayor, City of Tucson, P.O. Box 27210, Tucson, Arizona 85726	March 5, 2001	040076
Maricopa	Unincorporated Areas	April 6, 2001, April 13, 2001, Arizona Republic	The Honorable Janice K. Brewer, Chairman, Maricopa County Board of Supervisors, 301 West Jefferson, 10th Floor, Phoenix, Arizona 85003	July 5, 2001	040037
California:
Los Angeles	City of Los Angeles	March 30, 2001, April 6, 2001, Metropolitan News-Enterprise	The Honorable Richard Riordan, Mayor, City of Los Angeles, 200 North Main Street, Room 800, Los Angeles, California 90012	March 6, 2001	060137
Los Angeles	Unincorporated Areas	March 30, 2001, April 6, 2001, Whittier Daily News	The Honorable Michael Antonovich, Chairperson, Los Angeles County Board of Supervisors, 500 West Temple Street, Suite 869, Los Angeles, California 90012	March 9, 2001	065043
San Diego	City of El Cajon	May 17, 2001, May 24, 2001, East County Californian	The Honorable Mark Lewis, Mayor, City of El Cajon, 200 East Main Street, El Cajon, California 92020	April 27, 2001	060289
San Diego	Unincorporated Areas	May 17, 2001, May 24, 2001, San Diego Union Tribune	The Honorable Bill Horn, Chairman, San Diego County Board of Supervisors, 1600 Pacific Highway, Room 335, San Diego, California 92101	April 27, 2001	060284
Santa Clara	City of Santa Clara	April 11, 2001, April 18, 2001, Santa Clara Weekly	The Honorable Judy Nadler, Mayor, City of Santa Clara, City Hall, 1500 Warburton Avenue, Santa Clara, California 95050	July 17, 2001	060350
Santa Clara	City of Milpitas	May 31, 2001, June 7, 2001, Milpitas Post	The Honorable Henry Manayan, Mayor, City of Milpitas, 455 East Calaveras Boulevard, Milpitas, California 95035	May 15, 2001	060344
Colorado: Boulder and Jefferson	City of Broomfield	May 30, 2001, June 6, 2001, Broomfield Enterprise	The Honorable William Berens, Mayor, City of Broomfield, One DesCombes Drive, Broomfield, Colorado 80020	September 4, 2001	085073
Montana: Butte-Silver	Unincorporated Areas Bow County	March 23, 2001, March 30, 2001, Montana Standard	The Honorable Judy Jacobsen, Chief Executive Officer, Butte-Silver Bow County Courthouse, Room 106, 155 West Granite Street, Butte, Montana 59701	March 1, 2001	300077
Nevada:
Clark	City of North Las Vegas	May 18, 2001, May 25, 2001, Las Vegas Review Journal	The Honorable Michael L. Montandon, Mayor, City of North Las Vegas, P.O. Box 4086, North Las Vegas, Nevada 89030-4086	April 27, 2001	320007
Nye	Unincorporated Areas	April 26, 2001, May 3, 2001, Tonopah Times	The Honorable Jeff Taguchi, Chairman, Nye County Board of Commissioners, P.O. Box 153, Tonopah, Nevada 89049	April 5, 2001	320018
Texas:
Angelina	City of Lufkin	March 30, 2001, April 6, 2001, Lufkin Daily News	The Honorable Louis A. Bronaugh, Mayor, City of Lufkin, 300 East Shepherd, Lufkin, Texas 75902	June 28, 2001	480009
Collin	City of Murphy	August 16, 2000, August 23, 2000, Wylie News	The Honorable Roy W. Bentle, Mayor, City of Murphy, 205 North Murphy Road, Murphy, Texas 75094	July 25, 2000	480137
Fort Bend	City of Stafford	April 18, 2001, April 25, 2001, Fort Bend Star	The Honorable Leonard Scarcella, Mayor, City of Stafford, City Hall, 2610 South Main Street, Stafford, Texas 77477	March 23, 2001	480233
Wyoming: Teton	Town of Jackson	October 25, 2000, November 1, 2000, Jackson Hole News	The Honorable Barney Oldfield, Mayor, Town of Jackson, P.O. Box 1687, Jackson, Wyoming 83001	January 30, 2001	560052
Virginia:
Rockingham	City of Harrisonburg	April 12, 2001, April 19, 2001, Daily News Record	The Honorable Carolyn W. Frank, Mayor, City of Harrisonburg, 374 South Carlton Street, Harrisonburg, Virginia 22801	March 28, 2001	510076
Rockingham	Unincorporated Areas	April 12, 2001, April 19, 2001, Daily News Record	The Honorable Pablo Cuevas, Chairman, Rockingham County Board of Supervisors, 543 Elm Street, Broadway, Virginia 22815	March 28, 2001	510133

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

Dated: June 18, 2001.

Robert F. Shea,

Acting Administrator, Federal Insurance Administration and Mitigation.