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Rule

Changes in Flood Elevation Determinations

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Information about this document as published in the Federal Register.

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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.

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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, (202) 646-3461, or (e-mail) matt.miller@fema.gov.

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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 Start Printed Page 56774management 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.

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List of Subjects in 44 CFR Part 65

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Accordingly,

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PART 65—[AMENDED]

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1. The authority citation for Part 65 continues to read as follows:

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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.

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[Amended]
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2. The tables published under the authority of § 65.4 are amended as follows:

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State and countyLocation and case No.Dates and name of newspaper where notice was publishedChief executive officer of communityEffective date of modificationCommunity Number
Arizona: MaricopaCity of Avondale (01-09-018P)August 10, 2001, August 17, 2001, Arizona RepublicThe Honorable Ronald J. Drake, Mayor, City of Avondale, 525 North Central Avenue, Avondale, Arizona 85323July 24, 2001040038
Arizona: MaricopaCity of Avondale (01-09-497P)September 12, 2001, September 19, 2001, Arizona RepublicThe Honorable Ronald J. Drake, Mayor, City of Avondale, 525 North Central Avenue, Avondale, Arizona 85323August 23, 2001040038
Arizona: MaricopaCity of Goodyear (01-09-497P)September 12, 2001, September 19, 2001, Arizona RepublicThe Honorable Bill Arnold, Mayor, City of Goodyear, 119 North Litchfield Road, Goodyear, Arizona 85338August 23, 2001040046
Arizona: MaricopaCity of Goodyear (01-09-124P)March 14, 2001, March 21, 2001, West Valley ViewThe Honorable Bill Arnold, Mayor, City of Goodyear, 119 North Litchfield Road, Goodyear, Arizona 85338February 27, 2001040046
Arizona: MaricopaCity of Scottsdale (01-09-632P)September 19, 2001, September 26, 2001, Arizona RepublicThe Honorable Mary Manross, Mayor, City of Scottsdale, 3939 North Drinkwater Boulevard, Scottsdale, Arizona 85251August 31, 2001045012
Arizona: PimaUnincorporated Areas (01-09-430P)August 23, 2001, August 30, 2001, Arizona Daily Star and Tucson CitizenThe Honorable Raul Grijalva, Chairman, Pima County Board of Supervisors, 130 West Congress, 11th Floor, Tucson, Arizona 85701August 7, 2001040073
California: MarinCity of Novato (01-09-674P)August 8, 2001, August 15, 2001, Novato AdvanceThe Honorable James W. Henderson, Mayor, City of Novato, 900 Sherman Avenue, Novato, California 94945July 18, 2001060178
California: San DiegoCity of Poway (00-09-080P)August 9, 2001, August 16, 2001, Poway News ChieftainThe Honorable Mickey Cafagna, Mayor, City of Poway, 13325 Civic Center Drive, Poway, California 92064July 25, 2001060702
Colorado: JeffersonCity of Arvada (01-08-059P)August 30, 2001, September 6, 2001, Arvada SentinelThe Honorable Ken Fellman, Mayor, City of Arvada, City Hall, 8101 Ralston Road, Arvada, Colorado 80002December 5, 2001085072
Colorado: JeffersonCity of Lakewood (01-08-331P)August 9, 2001, August 16, 2001, Lakewood SentinelThe Honorable Steve Burkholder, Mayor, City of Lakewood, 480 South Allison Parkway, Lakewood, Colorado 80226-3127July 25, 2001085075
Colorado: JeffersonCity of Westminster (99-08-419P)September 27, 2001, October 4, 2001, Westminster WindowThe Honorable Nancy M. Heil, Mayor, City of Westminister, 4800 West 92nd Avenue, Westminister, Colorado 80031September 20, 2001080008
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Colorado: LarimerCity of Fort Collins (00-08-365P)June 8, 2001, June 15, 2001, Fort Collins ColoradoanThe Honorable Ray Martinez, Mayor, City of Fort Collins, P.O. Box 580, Fort Collins, Colorado 80522-0580August 23, 2001080102
Nevada: ClarkCity of Mesquite (01-09-997P)September 19, 2001, September 26, 2001, Las Vegas Review-JournalThe Honorable Charles Home, Mayor, City of Mesquite, 10 East Mesquite Boulevard, Mesquite, Nevada 89027September 10, 2001320035
Nevada: DouglasUnicorporated Areas (01-09-231P)September 12, 2001, September 19, 2001, Record CourierMr. Daniel C. Holler, County Manager, Douglas County, P.O. Box 218, Minden, Nevada 89423-0218August 16, 2001320008
Oregon: MultnomahCity of Milwaukie (01-10-191P)September 13, 2001, September 20, 2001, The OregonianThe Honorable Carolyn Tomei, Mayor, City of Milwaukie, 10722 Southeast Main Street, Milwaukie, Oregon 97222December 19, 2001410019
Oregon: MultnomahCity of Portland (01-10-191P)September 13, 2001, September 20, 2001, The OregonianThe Honorable Vera Katz, Mayor, City of Portland, 1221 Southwest Fourth Avenue, Suite 340, Portland, Oregon 97204December 19, 2001410183
Oregon: MultnomahUnincorporated Areas (01-10-191P)September 13, 2001, September 20, 2001, The OregonianThe Honorable Diane Linn, Chairperson, Multnomah County Board of Commissioners, 501 Southeast Hawthorne Boulevard, Suite 600, Portland, Oregon 97214December 19, 2001410179
South Dakota: UnionUnincorporated Areas (99-08-326P)January 18, 2001, January 25, 2001, Leader CourierThe Honorable Roger Boldenow, Chairman, Union County Board of Commissioners, P.O. Box 519, Elk Point, South Dakota 57025-0519December 28, 2000460242
Texas: BexarCity of San Antonio (01-06-1953X)September 27, 2001, October 4, 2001, San Antonio Express NewsThe Honorable Edward D. Garza, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, Texas 78283-3966January 2, 2002480045
Texas: DallasCity 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 75011-0535May 24, 2001480167
Texas: LubbockCity of LubbockSeptember 22, 2000, September 29, 2000, Lubbock AvalancheThe Honorable Windy Sitton, Mayor, City of Lubbock, P.O. Box 491, Lubbock, Texas 79408December 28, 2000480452
Texas: LubbockCity of Wolfforth (01-06-1799P)September 27, 2001, October 4, 2001, Lubbock Avalanche JournalThe Honorable Sylvia Preston, Mayor, City of Wolfforth, 382 East Highway 62, Wolfforth, Texas 79382September 5, 2001480918
Utah: WashingtonCity of Santa Clara (99-08-278P)August 10, 2001, August 17, 2001, The SpectrumThe Honorable Fred Rowley, Mayor, City of Santa Clara, P.O. Box 699, Santa Clara, Utah 84765November 15, 2001490178
Utah: WashingtonCity of St. George (99-08-278P)August 10, 2001, August 17, 2001, The SpectrumThe Honorable Daniel D. McArthur, Mayor, City of St. George, 175 East 200 North, St. George, Utah 84770November 15, 2001490177
Washington: SkamaniaCity of North Bonneville (01-10-488P)September 19, 2001, September 26, 2001, Skamania County PioneerThe Honorable John W. Kirk, Mayor, City of North Bonneville, P.O. Box 7, North Bonneville, Washington 98639September 13, 2001530256

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

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Dated: October 29, 2001.

Robert F. Shea,

Acting Administrator, Federal Insurance and Mitigation Administration.

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[FR Doc. 01-28393 Filed 11-9-01; 8:45 am]

BILLING CODE 6718-04-P