02-27320. 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 below and revise the Flood Insurance Rate Maps 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 Director, Federal Insurance and Mitigation Administration, 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, Federal Insurance and Mitigation Administration, 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 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 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 Administrator, Federal Insurance and Mitigation Administration 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 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	Town of Carefree (01-09-1157P), (02-09-1409X)	August 29, 2002; September 5, 2002; Arizona Business Gazette	The Honorable Edward C. Morgan, Mayor, Town of Carefree P.O. Box 740, Carefree, Arizona 85377	December 5, 2002	040126
Maricopa	Town of Cave Creek (01-09-1157P), (02-09-1409X)	August 29, 2002; September 5, 2002; Arizona Business Gazette	The Honorable Vincent Francia, Mayor, Town of Cave Creek, 37622 North Cave Creek Road, Cave Creek, Arizona 85331	December 5, 2002	040129
Maricopa	City of Chandler (02-09-248P)	July 24, 2002; July 31, 2002; Arizona Republic	The Honorable Jay Tibshraeny, Mayor, City of Chandler, 55 North Arizona Place, Chandler, Arizona 85225	October 30, 2002	040040
Maricopa	City of Scottsdale (01-09-1157P), (02-09-1409X)	August 29, 2002; September 5, 2002; Arizona Business Gazette	The Honorable Mary Manross, Mayor, City of Scottsdale, 3939 North Drinkwater Boulevard, Scottsdale, Arizona 85251	December 5, 2002	045012
Maricopa	Unincorporated Areas (02-09-068P)	September 5, 2002; September 12, 2002; Arizona Business Gazette	The Honorable Don Stapley, Chairman, Maricopa County Board of Supervisors, 301 West Jefferson, 10th Floor, Phoenix, Arizona 85003	August 21, 2002	040037
Pima	City of Tucson (02-09-1050P)	September 18, 2002; September 25, 2002; Daily Territorrial	The Honorable Robert Walkup, Mayor, City of Tucson, P.O. Box 27210, Tucson, Arizona, 85726	September 11, 2002	040076
Pima	Unincorporated Areas (02-09-1007P)	September 19, 2002; September 26, 2002; Arizona Daily Star	The Honorable Raul Grijalva, Chairman, Pima County , Board of Supervisors, 130 West Congress, 11th Floor, Tucson, Arizona 85701	September 9, 2002	040073
California:
Alameda	City of Dublin, (00-09-931P)	July 26, 2002; August 2, 2002; Tri-Valley Herald	The Honorable Janet Lockhart, Mayor, City of Dublin, 100 Civic Plaza, Dublin, California 94568	November 1, 2002	060705
San Diego	City of San Diego, (00-09-717P)	August 15, 2002; August 22, 2002; San Diego Union-Tribune	The Honorable Richard M. Murphy, Mayor, City of San Diego, 202 C Street, 11th Floor, San Diego, California 92101	November 21, 2002	060295
Yolo	City of Winters, (02-09-649P)	August 1, 2002; August 8, 2002; Winters Express	The Honorable Harold Anderson, Mayor, City of Winters, 318 First Street, Winters, California 95694-1923	July 11, 2002	060425
Colorado:
El Paso	City of Colorado Springs, (02-08-141P)	August 14, 2002; August 21, 2002; The Gazette	The Honorable Mary Lou Makepeace, Mayor, City of Colorado Springs, P.O. Box 1575, Colorado Springs, Colorado 80901-1575	August 6, 2002	080060
El Paso	City of Colorado Springs, (02-08-325P)	September 5, 2002; September 12, 2002; The Gazette	The Honorable Mary Lou Makepeace, Mayor, City of Colorado Springs, P.O. Box 1575, Colorado Springs, Colorado 80901-1575	August 21, 2002	080060
Jefferson	City of Golden (02-08-185P)	August 8, 2002; August 15, 2002; Denver Post	The Honorable Charles J. Baroch, Mayor, City of Golden, 911 10th Street, Golden, Colorado 80401	November 14, 2002	080090
Jefferson	City of Westminster (02-08-013P)	September 12, 2002; September 19, 2002; Westminster Window	The Honorable Ed Moss, Mayor, City of Westminster, 4800 West 92nd Avenue, Westminster, Colorado 80031	December 19, 2002	080008
Jefferson	Unincorporated Areas (02-08-185P)	August 8, 2002; August 15, 2002; Denver Post	The Honorable Michelle Lawrence, Chairman, Jefferson County Board of Commissioners, 100 Jefferson County Parkway, Golden, Colorado 80419	July 23, 2002	080087
Jefferson	Unincorporated Areas (02-08-368P)	September 18, 2002; September 25, 2002; Canyon Courier	The Honorable Michelle Lawrence, Chairman, Jefferson County Board of Commissioners, 100 Jefferson County Parkway, Golden, Colorado 80419	December 25, 2002	080087
Weld	Town of Firestone (01-08-384P)	July 31, 2002; August 7, 2002; Farmer and Miner	The Honorable Michael Simone, Mayor, Town of Firestone, P.O. Box 100, Firestone, Colorado 80520	November 6, 2002	080241
Weld	Unincorporated Areas (01-08-384P)	July 31, 2002; August 7, 2002; Greeley Tribune	The Honorable Glenn Vaad, Chairman, Weld County Board of Commissioners, P.O. Box 758, Greeley, Colorado 80632-0758	July 11, 2002	080266
Texas:
Collin	City of Frisco (00-06-1133P)	February 1, 2002; February 8, 2002; Frisco Enterprise	The Honorable Kathy Seei, Mayor, City of Frisco, City Hall, P.O. Box 1100, Frisco, Texas 75034	November 2, 2000	480134
Dallas	City of Dallas (99-06-1120P)	January 31, 2002; February 7, 2002; Dallas Morning News	The Honorable Ron Kirk, Mayor, City of Dallas, 1500 Marilla Street, Dallas, Texas 75201	November 13, 2000	480171
Utah:
Utah	City of Spanish Fork (01-08-306P)	August 28, 2002; September 4, 2002; Daily Herald	The Honorable Dale Barney, Mayor, City of Spanish Fork, 40 South Main Street, Spanish Fork, Utah 84660	February 16, 2003	490241
Utah	Unincorporated Areas (01-08-306P)	August 28, 2002; September 4, 2002; Daily Herald	The Honorable Jerry Grover, Chairman, Utah County Board of Commissioners, County Administration Building, 100 East Center Street, Suite 2300, Provo, Utah 84606	December 4, 2002	495517

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

Dated: October 17, 2002.

Anthony S. Lowe,

Administrator, Federal Insurance and Mitigation Administration.