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Changes in Flood Elevation Determinations

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Information about this document as published in the Federal Register.

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Federal Emergency Management Agency (FEMA), Emergency Preparedness and Response Directorate, Department of Homeland Security.


Interim rule.


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.


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 the listed communities.

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 BFEs may be changed during the 90-day period.


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

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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 BFEs, 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 the other Federal, State, or regional entities.

The changes 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 Mitigation Division Director for the Emergency Preparedness and Response Directorate certifies that this rule is exempt from the requirements of Start Printed Page 12085the 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

  • Flood insurance
  • Floodplains
  • Reporting and recordkeeping requirements
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Accordingly, 44 CFR part 65 is amended to read as follows:

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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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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: MaricopaCity of Phoenix (03-09-0934P)December 18, 2003; December 25, 2003; Arizona Business GazetteThe Honorable Skip Rimsza, Mayor, City of Phoenix, 200 West Washington Street, 11th Floor, Phoenix, Arizona 85003March 25, 2004040051
Arizona: PimaTown of Marana (02-09-829P)January 15, 2004; January 22, 2004; Daily TerritorialThe Honorable Bobby Sutton, Jr., Mayor, Town of Marana, 13251 North Lon Adams Road, Marana, Arizona 85653March 18, 2004040118
Arizona: PimaCity of Tucson (02-09-829P)January 15, 2004; January 22, 2004; Daily TerritorialThe Honorable Bob Walkup, Mayor, City of Tucson, City Hall, 255 West Alameda Street, Tucson, Arizona 85701March 18, 2004040076
Arizona: PimaUnincorporated Areas (02-09-829P)January 15, 2004; January 22, 2004; Daily TerritorialThe Honorable Sharon Bronson, Chair, Pima County Board of Supervisors, 130 West Congress Street, 11th Floor, Tucson, Arizona 85701March 18, 2004040073
Arizona: YumaUnincorporated Areas (02-09-045P)December 16, 2003; December 23, 2003; Yuma Daily SunThe Honorable Lenore Lorona Stuart, Chairperson, Yuma County Board of Supervisors, 198 South Main Street, Yuma, Arizona 85364March 24, 2004040099
California: AmadorCity of Sutter Creek (03-09-0678P)October 8, 2003; October 15, 2003; Ledger DispatchThe Honorable W. Brent Parsons, Mayor, City of Sutter Creek, P.O. Box 1238, Sutter Creek, California 95685September 19, 2003060458
California: Contra CostaUnincorporated Areas (03-09-1147P)November 6, 2003; November 13, 2003; Contra Costa TimesThe Honorable Mark DeSaulnier, Chairman, Contra Costa County Board of Supervisors, 2425 Bisso Lane Suite 110, Concord, California 94520October 29, 2003060025
California: MonoUnincorporated Areas (02-09-0445P)January 22, 2004; January 29, 2004; Mammoth TimesThe Honorable Mary Pipersky, Chairperson, Mono County Board of Supervisors, P.O. Box 8474, Mammoth Lakes, California 93546April 28, 2004060194
California: RiversideCity of Murrieta (03-09-1620P)January 22, 2004; January 29, 2004; The CalifornianThe Honorable Jack Van Haaster, Mayor, City of Murrieta, 26442 Beckman Court, Murrieta, California 92562April 15, 2004060751
California: RiversideCity of Temecula (03-09-0162P)October 29, 2003; November 5, 2003; The Press EnterpriseThe Honorable Jeff Stone, Mayor, City of Temecula, P.O. Box 9033, Temecula, California 92589-9033February 4, 2004060742
California: San DiegoCity of Oceanside (02-09-1057P)January 8, 2004; January 15, 2004; North County TimesThe Honorable Terry Johnson, Mayor, City of Oceanside, 300 North Coast Highway Oceanside, California 92054November 21, 2003060294
California: San DiegoUnincorporated Areas (03-09-0999P)November 13, 2003; November 20, 2003; The San Diego Union TribuneThe Honorable Greg Cox, Chairman, San Diego County Board of Supervisors, 1600 Pacific Highway, Room 335, San Diego, California 92101February 19, 2003060284
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California: VenturaCity of Simi Valley (03-09-1657P)December 11, 2003; December 18, 2003; Ventura County StarThe Honorable William Davis, Mayor, City of Simi Valley, 2929 Tapo Canyon Road Simi Valley, California 93063-2199November 18, 2003060421
California: VenturaCity of Simi Valley (03-09-1631P)January 1, 2004; January 8, 2004; Ventura County StarThe Honorable William Davis, Mayor City of Simi Valley, 2929 Tapo Canyon Road, Simi Valley, California 93063-2199April 9, 2004060421
Colorado: BoulderCity of Boulder (03-08-0410P)January 8, 2004; January 15, 2004; Boulder Daily CameraThe Honorable William R. Toor, Mayor, City of Boulder, 1777 Broadway, Boulder, Colorado 80306April 15, 2004080024
Colorado: El PasoTown of Monument (03-08-0661P)January 7, 2004; January 14, 2004; Tri-Lakes TribuneThe Honorable E. L. Konarski, Mayor, Town of Monument, P.O. Box 325, Monument, Colorado 80132April 13, 2004080064
Colorado: El PasoUnincorporated Areas (03-08-0619P)December 17, 2003; December 24, 2003; El Paso County NewsThe Honorable Chuck Brown, Chairman, El Paso County Board of Commissioners, 27 East Vermijo Avenue, Colorado Springs, Colorado 80903-2208March 24, 2004080059
Colorado: GilpinCity of Black Hawk (02-08-526P)October 10, 2003; October 17, 2003; Weekly Register CallThe Honorable Kathryn Eccker, Mayor, City of Black Hawk, P.O. Box 17, Black Hawk, Colorado 80422September 15, 2003080076
Colorado: JeffersonCity of Lakewood (03-08-0596P)December 4, 2003; December 11, 2003; The Lakewood SentinelThe Honorable Steve Burkholder, Mayor, City of Lakewood, Lakewood Civic Center South, 480 South Allison Parkway, Lakewood, Colorado 80226March 11, 2004085075
Colorado: JeffersonCity of Westminster (03-08-0023P)January 8, 2004; January 15, 2004; Westminster WindowThe Honorable Ed Moss, Mayor, City of Westminster, 4800 West 92nd Avenue, Westminster, CO 80031April 14, 2004080008
Colorado: LarimerCity of Fort Collins (03-08-0612P)December 11, 2003; December 18, 2003; Fort Collins ColoradoanThe Honorable Ray Martinez, Mayor, City of Fort Collins, P.O. Box 580, Fort Collins, Colorado 80525December 17, 2003080102
Colorado: RouttCity of Steamboat Springs (03-08-0036P)January 4, 2004; January 11, 2004; Steamboat PilotThe Honorable Kathy Connell, City Council President, City of Steamboat Springs, P.O. Box 775088, Steamboat Springs, Colorado 80477April 12, 2004080159
North Carolina: GuilfordCity of Greensboro (03-04-063P)December 17, 2003; December 24, 2003; News & RecordThe Honorable Keith Holliday, Mayor, City of Greensboro, P.O. Box 3136, Greensboro, North Carolina 27402March 24, 2004375351
Nevada: ClarkCity of Henderson (03-09-0270P)December 4, 2003; December 11, 2003; Las Vegas Review JournalThe Honorable James B. Gibson, Mayor, City of Henderson, 240 South Water Street, Henderson, Nevada 89015November 6, 2003320005
Texas: DallasCity of Sachse (03-06-2321P)January 15, 2004; January 22, 2004; Dallas Morning NewsThe Honorable Hugh Cairns, Mayor, City of Sachse, 7310 Vista Valley Lane, Sachse, Texas 75048April 14, 2004480186
Utah: IronCity of Cedar City (03-08-0370P)November 13, 2003; November 20, 2003; The SpectrumThe Honorable Gerald R. Sherratt, Mayor, City of Cedar City, P.O. Box 249, Cedar City, Utah 84720February 19, 2004490074
Washington: KingCity of Bothell (03-10-0047P)October 16, 2003; October 23, 2003; Seattle TimesThe Honorable Jeff Merrill, Mayor, City of Bothell, 18305 101st Avenue Northeast, Bothell, Washington 98011January 22, 2004530075
Washington: KingCity of Issaquah (03-10-0308P)October 15, 2003; October 22, 2003; Issaquah PressThe Honorable Ava Frisinger, Mayor, City of Issaquah, P.O. Box 1307, Issaquah, Washington 98027-1307January 22, 2004530079
Washington: SpokaneCity of Spokane (02-10-545P)January 8, 2004; January 15, 2004; Spokesman ReviewThe Honorable John Powers, Mayor, City of Spokane, Spokane City Hall, 808 West Spokane Falls Boulevard, Spokane, Washington 99201-3355April 14, 2004530183
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Wyoming: TetonTeton County (03-08-0507P)December 3, 2003; December 10, 2003; Jackson Hole NewsThe Honorable Bill Paddleford, Chair, Teton County Board of Commissioners, P.O. Box 3594, Jackson, Wyoming 83001November 19, 2003560094
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(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”)

Dated: March 3, 2004.

Anthony S. Lowe,

Mitigation Division Director, Emergency Preparedness and Response Directorate.

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[FR Doc. 04-5747 Filed 3-12-04; 8:45 am]