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Rule

Changes in Flood Elevation Determinations

Document Details

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% 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 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.

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, Mitigation Division, Emergency Preparedness and Response Directorate, FEMA, 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 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 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.Date and name of newspaper where notice was publishedChief executive office of communityEffective date of modificationCommunity No.
Arizona: MaricopaCity of Phoenix (04-09-0654X)March 18, 2004, March 25, 2004, Arizona Business CazetteThe Honorable Skip Rimsza, Mayor, City of Phoenix, 200 West Washington Street, 11th Floor, Phoenix, Arizona 85003-1611June 24, 2004040051
PimaTown of Marana (04-09-0750P)March 25, 2004, April 1, 2004, Daily TerritorialThe Honorable Bobby Sutton, Jr., Mayor, Town of Marana, 13251 North Lon Adams Road, Marana, Arizona 85653April 22, 2004040118
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PimaTown of Marana (03-09-0698P)March 25, 2004, April 1, 2004, Daily TerritorialThe Honorable Bobby Sutton Jr., Mayor, Town of Marana, 13251 North Lon Adams Road, Marana, Arizona 85653July 1, 2004040118
PimaCity of Tucson (03-09-1711P)April 8, 2004, April 15, 2004, Daily TerritorialThe Honorable Bob Walkup, Mayor, City of Tucson, City Hall, 255 West Alameda Street, Tucson, Arizon 85701July 15, 2004040076
PimaUnicorporated Areas (03-09-0698P)March 25, 2004, April 1, 2004, Daily TerritorialThe Honorable Sharon Bronson, Chair, Pima County Board of Supervisors, 130 West Congress Street, 11th Floor, Tucson, Arizona 85701July 1, 2004040073
California:
HumboldtCity of Arcata (03-09-0824P)February 10, 2004, February 17, 2004, Arcata EyeThe Honorable Robert Ornelas, Mayor, City of Arcata, 736 F Street, Arcata, California 95521May 18, 2004060061
Los AngelesCity of BurbankFebruary 11, 2004, February 18, 2004, Burbank LeaderThe Honorable Stacey Murphy, Mayor, City of Burbank, P.O. Box 6459, Burbank, California 91510-6459May 19, 2004065018
Los AngelesCity of Los Angeles (04-09-0102P)March 11, 2004, March 18, 2004, Los Angeles TimesThe Honorable James K. Hahn, Mayor, City of Los Angeles, 200 North Spring Street, Room 303, Los Angeles, California 90012June 17, 2004060137
PlacerUnincorporated Areas (03-09-1212P)February 4, 2004, February 11, 2004, The Rocklin Placer HeraldThe Honorable Rex Bloomfield, Chairman, Placer County, Board of Supervisors, 175 Fulweiler Avenue, Auburn, California 95603January 8, 2004060239
RiversideCity of Moreno Valley (04-09-0122P)April 1, 2004, April 8, 2004, Press—EnterpriseThe Honorable Frank West, Mayor, City of Moreno Valley, 14177 Frederick Street, Moreno Valley, California 92552July 8, 2004065074
San DiegoCity of Chula Vista (03-09-0900P)March 5, 2004, March 12, 2004, Chula Vista Star NewsThe Honorable Stephen C. Padilla, Mayor, City of Chula Vista, City Hall, 276 Fourth Avenue, Chula Vista, California 91910June 11, 2004065021
San DiegoCity of Oceanside (04-09-0309P)April 1, 2004, April 8, 2004, North County TimesThe Honorable Terry Johnson, Mayor, City of Oceanside, 300 North Coast Highway, Oceanside, California 92054July 8, 2004060294
San DiegoCity of San Diego (04-09-0108P)April 8, 2004, April 15, 2004, San Diego Daily TranscriptThe Honorable Dick Murphy, Mayor, City of San Diego, 202 C Street, 11th Floor, San Diego, California 92101July 15, 2004060295
San DiegoUnincorporated Areas (03-09-1209P)April 8, 2004, April 15, 2004, San Diego Union-TribuneThe Honorable Dianne Jacob, Chairwoman, San Diego County Board of Supervisors, 1600 Pacific Highway, San Diego, California 92101July 15, 2004060284
VenturaCity of Simi Valley (04-09-0234P)February 12, 2004, February 19, 2004, Ventura County StarThe Honorable William Davis, Mayor, City of Simi Valley, 2929 Tapo Canyon Road, Simi Valley, California 93063-2199January 30, 2004060421
Colorado:
AdamsCity of Brighton (03-08-0621P)February 4, 2004, February 11, 2004, Brighton Standard BladeThe Honorable Jan Pawlowski, Mayor, City of Brighton, 22 South Fourth Avenue, Brighton, Colorado 80601May 12, 2004080004
AdamsUnincorporated Areas (03-08-0621P)February 4, 2004, February 11, 2004, Brighton Standard BladeThe Honorable Elaine T. Valente, Chair, Adams County Board of Commissioners, 450 South Fourth Avenue, Brighton, Colorado 80601May 12, 200408001
AdamsUnincorporated Areas (02-08-398P)February 6, 2004, February 13, 2004, Eastern Colorado NewsThe Honorable Elaine T. Valente, Chair, Adams County Board of Commissioners, 450 South Fourth Avenue, Brighton, Colorado 80601May 14, 200408001
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ArapahoeCity of Littleton (03-08-0691P)March 11, 2004, March 18, 2004, Littleton IndependentThe Honorable John Ostermiller, Mayor, City of Littleton, 2255 West Berry Avenue, Littleton, Colorado 80165March 1, 2004080017
DouglasTown of Parker (04-08-0033P)February 19, 2004, February 26, 2004, Douglas County News PressThe Honorable Gary Lasater, Mayor, Town of Parker, 20120 East Mainstreet, Parker, Colorado 80138May 27, 2004080310
El PasoUnincorporated Areas (03-08-0406P)March 10, 2004, March 17, 2004, El Paso County NewsThe Honorable Chuck Brown, Chair, El Paso County Board of Commissioners, 27 East Vermijo Avenue, Colorado Springs, Colorado 80903-2208June 16, 2004080059
El PasoUnincorporated Areas (03-08-0449P)March 17, 2004, March 24, 2004, El Paso County NewsThe Honorable Chuck Brown, Chair, El Paso County Board of Commissioners, 27 East Vermijo Avenue, Colorado Springs, Colorado 80903-2208June 23, 2004080059
El PasoUnincorporated Areas (03-08-0617P)March 17, 2004, March 24, 2004, El Paso County NewsThe Honorable Chuck Brown, Chair, El Paso County Board of Commissioners, 27 East Vermijo Avenue, Colorado Springs, Colorado 80903-2208June 23, 2004080059
JeffersonCity of Lakewood (03-08-0305P)March 25, 2004, April 1, 2004, Lakewood SentinelThe Honorable Steve Burkholder, Mayor, City of Lakewood, Lakewood Civic Center South, 480 South Allison Parkway, Lakewood, Colorado 80226July 1, 2004085075
JeffersonUnincorporated Areas (03-080479P)February 25, 2004, March 3, 2004, Evergreen Canyon CourierThe Honorable Michelle Lawrence, Chairperson, Jefferson County Board of Commissioners, 100 Jefferson County Parkway, Golden, Colorado 80419-5550June 2, 2004080087
JeffersonCity of Westminster (03-08-0520P)January 29, 2004, February 5, 2004, Westminster WindowThe Honorable Ed Moss, Mayor, City of Westminster, 4800 West 92nd Avenue, Westminster, Colorado 80031May 6, 2004080008
Hawaii:
HawaiiHawaii County (03-09-1531P)February 12, 2004, February 19, 2004, Hawaii Tribune HeraldThe Honorable Harry Kim, Mayor, Hawaii County, 25 Aupuni Street, Hilo, Hawaii 96720January 20, 2004155166
MauiMaui County (03-09-0438P)March 25, 2004, April 1, 2004, Maui NewsThe Honorable Alan M. Arawaka, Mayor, Maui County, 200 South High Street, Wailuku, Hawaii 96793-2155July 1, 2004150003
Utah: SevierCity of Salina (04-08-0072P)February 25, 2004, March 3, 2004, Richfield ReaperThe Honorable Marilyn S. Anderson, Mayor, City of Salina, P.O. Box 69, Salina, Utah 84654June 2, 2004490132
Washington: KingCity of Bellevue (03-10-0399P)February 26, 2004, March 4, 2004, King County JournalThe Honorable Connie Marshall, Mayor, City of Bellevue, P.O. Box 90012, Bellevue, Washington 98009-9012June 3, 2004530074
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(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”)

Dated: May 18, 2004.

Anthony S. Lowe,

Mitigation Division Director, Emergency Preparedness and Response Directorate.

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[FR Doc. 04-11760 Filed 5-24-04; 8:45 am]

BILLING CODE 9110-11-P