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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), Emergency Preparedness and Response Directorate, Department of Homeland Security.

ACTION:

Interim rule.

SUMMARY:

This interim rule lists communities where modification of the Base (1-percent-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 Base Flood Elevations 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 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 Mitigation Division Director for the Emergency Preparedness and Response Directorate 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 table below.

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FOR FURTHER INFORMATION CONTACT:

Doug Bellomo, P.E. Hazard Identification Section, Emergency Preparedness and Response Directorate, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-2903.

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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 BFE 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 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 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 the other Federal, State, or regional entities.

The changes in 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 Mitigation Division Director for the Emergency Preparedness and Response Directorate 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.

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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.Date and name of newspaper where notice was publishedChief executive officer of communityEffective date of modificationCommunity No.
Arizona:
GilaCity of Globe, (03-09-0187P)June 18, 2003, June 25, 2003, Arizona Silver BeltThe Honorable Stanley Gibson, Mayor, City of Globe, 150 North Pine Street, Globe, Arizona 85501Sept. 24, 2003040029
GilaUnincorporated Areas, (03-09-0187P)June 18, 2003, June 25, 2003, Arizona Silver BeltThe Honorable Cruz Salas, Chairman, Gila County Board of Supervisors, 1400 East Ash Street, Globe, Arizona 85501Sept. 24, 2003040028
MaricopaCity of Avondale, (02-09-190P)May 29, 2003, June 5, 2003, Arizona RepublicThe Honorable Ronald J. Drake, Mayor, City of Avondale, 525 North Central Avenue, Avondale, Arizona 85323May 22, 2003040038
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MaricopaTown of Buckeye, (03-09-0245P)June 19, 2003, June 26, 2003, Buckeye Valley NewsThe Honorable Dusty Hull, Mayor, Town of Buckeye, 100 North Apache Road, Suite A, Buckeye, Arizona 85326May 20, 2003040039
MaricopaCity of Chandler, (03-09-0353P)May 29, 2003, June 5, 2003, Arizona Business GazetteThe Honorable Boyd Dunn, Mayor, City of Chandler, 55 North Arizona Place, Suite 301, Chandler, Arizona 85225May 7, 2003040040
MaricopaCity of El Mirage, (02-09-945P)May 22, 2003, May 29, 2003, Arizona RepublicThe Honorable Robert Robles, Mayor, City of El Mirage, P.O. Box 26, El Mirage, Arizona 85335Aug. 28, 2003040041
MaricopaTown of Gila Bend, (02-09-858P)July 3, 2003, July 10, 2003, Arizona Business GazetteThe Honorable Chuck Turner, Mayor, Town of Gila Bend, P.O. Box A, Gila Bend, Arizona 85337Oct. 9, 2003040043
MaricopaCity of Phoenix, (03-09-0290P)June 12, 2003, June 19, 2003, Arizona Business GazetteThe Honorable Skip Rimsza, Mayor, City of Phoenix, 200 West Washington Street, 11th Floor, Phoenix, Arizona 85003-1611May 29, 2003040051
MaricopaCity of Surprise, (02-09-945P)May 22, 2003, May 29, 2003, Arizona RepublicThe Honorable Joan H. Shafer, Mayor, City of Surprise, 12425 West Bell Road, Suite D-100, Surprise, Arizona 85374Aug. 28, 2003040053
MaricopaUnincorporated Areas, (02-09-945P)May 22, 2003, May 29, 2003, Arizona RepublicThe Honorable R. Fulton Brock, Chairman, Maricopa County Board of Supervisors, 301 West Jefferson, 10th Floor, Phoenix, Arizona 85003Aug. 28, 2003040037
MaricopaUnincorporated Areas, (02-09-858P)July 3, 2003, July 10, 2003, Arizona Business GazetteThe Honorable Don Stapley, Chairman, Maricopa County Board of Supervisors, 301 West Jefferson, 10th Floor, Phoenix, Arizona 85003Oct. 9, 2003040037
MaricopaTown of Youngtown, (03-09-1014X)May 22, 2003, May 29, 2003, Arizona RepublicThe Honorable Daphne Green, Mayor, Town of Youngtown, 12030 Clubhouse Square, Youngtown, Arizona 85363Aug. 28, 2003,040057
PimaCity of Tucson, (02-09-873P)July 17, 2003, July 24, 2003, Daily TerritorialThe Honorable Bob Walkup, Mayor, City of Tucson, City Hall, 255 West Alameda Street, Tucson, Arizona 85701Oct. 23, 2003040076
PimaUnincorporated Areas, (03-09-0541P)June 19, 2003, June 26, 2003, Arizona Daily StarThe Honorable Ray Carroll, Republican County Supervisor, Pima County District Four, 130 West Congress Street, 11th Floor, Tucson, Arizona 85701Sept. 25, 2003040073
California:
Contra CostaCity of Clayton, (03-09-0387P)May 29, 2003, June 6, 2003, Contra Costa TimesThe Honorable Gregory J. Manning, Mayor, City of Clayton, City Hall, 6000 Heritage Trail, Clayton, California 94517May 9, 2003060027
Los AngelesUnincorporated Areas, (02-09-404P)May 22, 2003, May 29, 2003, Los Angeles TimesThe Honorable Yvonne B. Burke, Chair, Los Angeles County Board of Supervisors, 500 West Temple Street, Los Angeles, California 90012April 21, 2003065043
PlacerCity of Rocklin, (02-09-810P)May 7, 2003, May 14, 2003, The RocklinThe Honorable Kathy Lund, Mayor, City of Rocklin, 3970 Rocklin Road, Rocklin, California 95677-2720Aug. 13, 2003060242
PlacerUnincorporated Areas, (02-09-810P)May 7, 2003, May 14, 2003, The RocklinThe Honorable Rex Bloomfield, Chairman, Placer County, Board of Supervisors, 175 Fulweiler Avenue, Auburn, California 95603Aug. 13, 2003060239
SacramentoUnincorporated Areas, (03-09-0080P)May 8, 2003, May 15, 2003, Daily RecorderThe Honorable Illa Collin, Chair, Sacramento County Board of Supervisors, 700 H Street, Room 2450 Sacramento, California 95814Aug, 14, 2003060262
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San DiegoCity of San Diego, (03-09-0578P)June 26, 2003, July 3, 2003, San Diego Union-TribuneThe Honorable Richard M. Murphy, Mayor, City of San Diego, 202 C Street, 11th Floor, San Diego, California 92101June 9, 2003060295
San DiegoCity of San Marcos (03-09-0123P)April 24, 2003, May 1, 2003, The PaperThe Honorable F. H. “Corky” Smith Mayor, City of San Marcos, One Civic Center Drive, San Marcos, California 92069-2949July 31, 2003060296
Santa CruzUnincorporated Areas, (03-09-0475P)May 8, 2003, May 15, 2003, Register-PajaronianThe Honorable Ellen Pirie Chair, Santa Cruz County Board of Supervisors, 701 Ocean Street, Room 500, Santa Cruz, California 95060Aug. 14, 2003060353
Santa CruzCity of Watsonville, (03-09-0475P)May 8, 2003, May 15, 2003, Register-PajaronianThe Honorable Richard de la Paz, Jr. Mayor, City of Watsonville, Administration Building, Second Floor, 215 Union Street Watsonville, California 95076Aug. 14, 2003060357
Santa BarbaraCity of Solvang, (02-09-1302P)May 29, 2003, June 5, 2003, Santa Barbara News PressThe Honorable Beverly Russ, Mayor, City of Solvang, P.O. Box 107, Solvang, California 93464-0107May 7, 2003,060756
Santa BarbaraUnincorporated Areas, (02-09-179P)July 3, 2003, July 10, 2003, Santa Barbara News PressThe Honorable Naomi Schwartz, Chair, Santa Barbara County, Board of Supervisors, 105 East Anapamu Street, Santa Barbara, California 93101Oct. 9, 2003060331
Colorado:
AdamsUnincorporated Areas, (03-08-0104P)May 14, 2003, May 21, 2003, Brighton Standard-BladeThe Honorable Elaine T. Valente, Chairman, Adams County, Board of Commissioners, 450 South Fourth Avenue Brighton, Colorado 80601Aug. 20, 2003080001
ArapahoeCity of Littleton, (03-08-0030P)May 22, 2003, May 29, 2003, Littleton IndependentThe Honorable Susan M. Thornton, Mayor, City of Littleton, 2255 West Berry Avenue, Littleton, Colorado 80165Aug. 28, 2003080017
BroomfieldCity and County of Broomfield, (03-08-0061P)June 19, 2003, June 26, 2003, Boulder Daily CameraThe Honorable Karen Stuart, Mayor, City and County of Broomfield, One DesCombes Drive, Broomfield, Colorado 80020Sept. 25, 2003085073
BroomfieldCity and County of Broomfield, (03-08-0270P)July 16, 2003, July 23, 2003 Broomfield EnterpriseThe Honorable Karen Stuart, Mayor, City and County of Broomfield, One DesCombes Drive, Broomfield, Colorado 80020June 27, 2003085073
DenverCity and County of Denver, (03-08-0210P)May 15, 2003, May 22, 2003, Denver PostThe Honorable Wellington E. Webb, Mayor, City and County of Denver, 1437 Bannock Street, Suite 350, Denver, Colorado 80202April 24, 2003080046
Adams, Arapahoe, DenverCity of Aurora, (03-08-0210P)May 15, 2003, May 22, 2003, Denver PostThe Honorable Paul E. Tauer, Mayor, City of Aurora, 15151 East Alameda Parkway, Fifth Floor, Aurora, Colorado 80012April 24, 2003080002
DouglasTown of Parker, (02-08-186P)April 23, 2003, April 30, 2003, Douglas County News-PressThe Honorable Gary Lasater, Mayor, Town of Parker, 20120 East Mainstreet, Parker, Colorado 80138-7334July 30, 2003080310
DouglasUnincorporated Areas, (02-08-186P)April 23, 2003, April 30, 2003, Douglas County News-PressThe Honorable James R. Sullivan, Chairman, Douglas County Board of Commissioners, 100 Third Street, Castle Rock, Colorado 80104July 30, 2003080049
DouglasUnincorporated Areas, (03-08-0096P)April 23, 2003, April 30, 2003, Douglas County News-PressThe Honorable James R. Sullivan, Chairman, Douglas County Board of Commissioners, 100 Third Street, Castle Rock, Colorado 801049July 30, 2003080049
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El PasoCity of Colorado Springs, (02-08-394P)April 24, 2003, May 1, 2003, The GazetteThe Honorable Mary Lou Makepeace, Mayor, City of Colorado Springs, P.O. Box 1575, Colorado Springs, Colorado 80901July 31, 2003080060
El PasoCity of Colorado Springs, (03-08-0223P)June 5, 2003, June 12, 2003, The GazetteThe Honorable Mary Lou Makepeace, Mayor, City of Colorado Springs, P.O. Box 1575, Colorado Springs, Colorado 80901May 13, 2003080060
JeffersonUnincorporated Areas, (03-08-0099P)March 19, 2003, March 26, 2003, Canyon CourierThe Honorable Richard M. Sheehan, Chairman, Jefferson County Board of Commissioners, 100 Jefferson County Parkway, Golden, Colorado 80419June 25, 2003080087
Hawaii:
HawaiiHawaii County, (02-09-368P)July 10, 2003, July 17, 2003, Hawaii Tribune HeraldThe Honorable Harry Kim, Mayor, County of Hawaii, 25 Aupuni Street, Hilo, Hawaii 96720Oct. 16, 2003155166
MauiMaui County, (03-09-0116P)May 29, 2003, June 5, 2003, Maui NewsThe Honorable Alan M. Arakawa, Mayor, Maui County, 200 South High Street, Wailuku, Hawaii 96793May 6, 2003150003
MauiMaui County, (03-09-0107P)July 3, 2003, July 10, 2003, Maui NewsThe Honorable Alan M. Arawaka, Mayor, Maui County, 200 South High Street, Wailuku, Hawaii 96793June 13, 2003150003
Idaho:
BonnevilleCity of Ammon, (03-10-0229P)July 3, 2003, July 10, 2003, Post RegisterThe Honorable Bruce Ard, Mayor, City of Ammon, 2135 South Ammon Road, Ammon, Idaho 83406June 13, 2003160028
BonnevilleUnincorporated Areas, (03-10-0229P)July 3, 2003, July 10, 2003, Post RegisterThe Honorable Lee Stake, Chairman, Bonneville County Board of Commissioners, 605 North Capitol Avenue, Idaho Falls, Idaho 83402,June 13, 2003160027
Nevada:
Independent CityCity of Carson City, (01-09-592P)June 19, 2003, June 26, 2003, Nevada AppealThe Honorable Ray Masayko, Mayor, City of Carson City, 201 North Carson Street, Suite 2, Carson City, Nevada 89701May 29, 2003320001
ClarkCity of Henderson (03-09-0861X)May 1, 2003, May 8, 2003, Las Vegas Review-JournalThe Honorable James Gibson, Mayor, City of Henderson, 240 South Water Street, Henderson, Nevada 89015April 21, 2003320005
ClarkUnincorporated Areas, (03-09-0861X)May 1, 2003, May 8, 2003, Las Vegas Review-JournalThe Honorable Mary J. Kincaid-Chauncey, Chair, Clark Country, Board of Commissioners, 500 South Grand Central Parkway, Las Vegas, Nevada 89155April 21, 2003320003
ClarkUnincorporated Areas, (02-09-1071P)April 24, 2003, May 1, 2003, Las Vegas Review-JournalThe Honorable Mary J. Kincaid-Chauncey, Chair, Clark County, Board of Commissioners, 500 South Grand Central Parkway, Las Vegas, Nevada 89155July 31, 2003320003
ClarkUnincorporated Areas, (02-09-718P)July 10, 2003, July 17, 2003, Las Vegas Review-JournalThe Honorable Mary J. Kincaid-Chauncey, Chair, Clark County Board of Commissioners, 500 South Grand Central Parkway, Las Vegas, Nevada 89155June 19, 2003320003
Texas: DallasCity of Dallas, (00-06-248P)January 31, 2002, February 7, 2002), Dallas Morning NewsThe Honorable Ron Kirk, Mayor, City of Dallas, 1500 Marilla Street, Dallas, Texas 75201Nov. 8, 2000480171
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(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”)

Start Signature

Dated: September 23, 2003.

Anthony S. Lowe,

Mitigation Division Director, Emergency Preparedness and Response Directorate.

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[FR Doc. 03-25215 Filed 10-3-03; 8:45 am]

BILLING CODE 6718-04-P