01-28393. 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 and Mitigation Administration 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, Federal Insurance and Mitigation Administration, 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 and Mitigation Administration 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.	Dates and name of newspaper where notice was published	Chief executive officer of community	Effective date of modification	Community Number
Arizona: Maricopa	City of Avondale (01-09-018P)	August 10, 2001, August 17, 2001, Arizona Republic	The Honorable Ronald J. Drake, Mayor, City of Avondale, 525 North Central Avenue, Avondale, Arizona 85323	July 24, 2001	040038
Arizona: Maricopa	City of Avondale (01-09-497P)	September 12, 2001, September 19, 2001, Arizona Republic	The Honorable Ronald J. Drake, Mayor, City of Avondale, 525 North Central Avenue, Avondale, Arizona 85323	August 23, 2001	040038
Arizona: Maricopa	City of Goodyear (01-09-497P)	September 12, 2001, September 19, 2001, Arizona Republic	The Honorable Bill Arnold, Mayor, City of Goodyear, 119 North Litchfield Road, Goodyear, Arizona 85338	August 23, 2001	040046
Arizona: Maricopa	City of Goodyear (01-09-124P)	March 14, 2001, March 21, 2001, West Valley View	The Honorable Bill Arnold, Mayor, City of Goodyear, 119 North Litchfield Road, Goodyear, Arizona 85338	February 27, 2001	040046
Arizona: Maricopa	City of Scottsdale (01-09-632P)	September 19, 2001, September 26, 2001, Arizona Republic	The Honorable Mary Manross, Mayor, City of Scottsdale, 3939 North Drinkwater Boulevard, Scottsdale, Arizona 85251	August 31, 2001	045012
Arizona: Pima	Unincorporated Areas (01-09-430P)	August 23, 2001, August 30, 2001, Arizona Daily Star and Tucson Citizen	The Honorable Raul Grijalva, Chairman, Pima County Board of Supervisors, 130 West Congress, 11th Floor, Tucson, Arizona 85701	August 7, 2001	040073
California: Marin	City of Novato (01-09-674P)	August 8, 2001, August 15, 2001, Novato Advance	The Honorable James W. Henderson, Mayor, City of Novato, 900 Sherman Avenue, Novato, California 94945	July 18, 2001	060178
California: San Diego	City of Poway (00-09-080P)	August 9, 2001, August 16, 2001, Poway News Chieftain	The Honorable Mickey Cafagna, Mayor, City of Poway, 13325 Civic Center Drive, Poway, California 92064	July 25, 2001	060702
Colorado: Jefferson	City of Arvada (01-08-059P)	August 30, 2001, September 6, 2001, Arvada Sentinel	The Honorable Ken Fellman, Mayor, City of Arvada, City Hall, 8101 Ralston Road, Arvada, Colorado 80002	December 5, 2001	085072
Colorado: Jefferson	City of Lakewood (01-08-331P)	August 9, 2001, August 16, 2001, Lakewood Sentinel	The Honorable Steve Burkholder, Mayor, City of Lakewood, 480 South Allison Parkway, Lakewood, Colorado 80226-3127	July 25, 2001	085075
Colorado: Jefferson	City of Westminster (99-08-419P)	September 27, 2001, October 4, 2001, Westminster Window	The Honorable Nancy M. Heil, Mayor, City of Westminister, 4800 West 92nd Avenue, Westminister, Colorado 80031	September 20, 2001	080008
Colorado: Larimer	City of Fort Collins (00-08-365P)	June 8, 2001, June 15, 2001, Fort Collins Coloradoan	The Honorable Ray Martinez, Mayor, City of Fort Collins, P.O. Box 580, Fort Collins, Colorado 80522-0580	August 23, 2001	080102
Nevada: Clark	City of Mesquite (01-09-997P)	September 19, 2001, September 26, 2001, Las Vegas Review-Journal	The Honorable Charles Home, Mayor, City of Mesquite, 10 East Mesquite Boulevard, Mesquite, Nevada 89027	September 10, 2001	320035
Nevada: Douglas	Unicorporated Areas (01-09-231P)	September 12, 2001, September 19, 2001, Record Courier	Mr. Daniel C. Holler, County Manager, Douglas County, P.O. Box 218, Minden, Nevada 89423-0218	August 16, 2001	320008
Oregon: Multnomah	City of Milwaukie (01-10-191P)	September 13, 2001, September 20, 2001, The Oregonian	The Honorable Carolyn Tomei, Mayor, City of Milwaukie, 10722 Southeast Main Street, Milwaukie, Oregon 97222	December 19, 2001	410019
Oregon: Multnomah	City of Portland (01-10-191P)	September 13, 2001, September 20, 2001, The Oregonian	The Honorable Vera Katz, Mayor, City of Portland, 1221 Southwest Fourth Avenue, Suite 340, Portland, Oregon 97204	December 19, 2001	410183
Oregon: Multnomah	Unincorporated Areas (01-10-191P)	September 13, 2001, September 20, 2001, The Oregonian	The Honorable Diane Linn, Chairperson, Multnomah County Board of Commissioners, 501 Southeast Hawthorne Boulevard, Suite 600, Portland, Oregon 97214	December 19, 2001	410179
South Dakota: Union	Unincorporated Areas (99-08-326P)	January 18, 2001, January 25, 2001, Leader Courier	The Honorable Roger Boldenow, Chairman, Union County Board of Commissioners, P.O. Box 519, Elk Point, South Dakota 57025-0519	December 28, 2000	460242
Texas: Bexar	City of San Antonio (01-06-1953X)	September 27, 2001, October 4, 2001, San Antonio Express News	The Honorable Edward D. Garza, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, Texas 78283-3966	January 2, 2002	480045
Texas: Dallas	City of Carrollton (00-06-1211P), (00-06-1214P), (00-06-1216P)	February 16, 2001, February 23, 2001, Northwest Morning News (Formerly Metrocrest News)	The Honorable Milburn Gravley, Mayor, City of Carrollton, P.O. Box 110535, Carrollton, Texas 75011-0535	May 24, 2001	480167
Texas: Lubbock	City of Lubbock	September 22, 2000, September 29, 2000, Lubbock Avalanche	The Honorable Windy Sitton, Mayor, City of Lubbock, P.O. Box 491, Lubbock, Texas 79408	December 28, 2000	480452
Texas: Lubbock	City of Wolfforth (01-06-1799P)	September 27, 2001, October 4, 2001, Lubbock Avalanche Journal	The Honorable Sylvia Preston, Mayor, City of Wolfforth, 382 East Highway 62, Wolfforth, Texas 79382	September 5, 2001	480918
Utah: Washington	City of Santa Clara (99-08-278P)	August 10, 2001, August 17, 2001, The Spectrum	The Honorable Fred Rowley, Mayor, City of Santa Clara, P.O. Box 699, Santa Clara, Utah 84765	November 15, 2001	490178
Utah: Washington	City of St. George (99-08-278P)	August 10, 2001, August 17, 2001, The Spectrum	The Honorable Daniel D. McArthur, Mayor, City of St. George, 175 East 200 North, St. George, Utah 84770	November 15, 2001	490177
Washington: Skamania	City of North Bonneville (01-10-488P)	September 19, 2001, September 26, 2001, Skamania County Pioneer	The Honorable John W. Kirk, Mayor, City of North Bonneville, P.O. Box 7, North Bonneville, Washington 98639	September 13, 2001	530256

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

Dated: October 29, 2001.

Robert F. Shea,

Acting Administrator, Federal Insurance and Mitigation Administration.