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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% 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 officer of communityEffective date of modificationCommunity No.
Arizona:
MaricopaCity of Avondale (04-09-0552P)January 6, 2005, January 13, 2005, Arizona RepublicThe Honorable Ronald J. Drake, Mayor, City of Avondale, 525 North Central Avenue, Avondale, Arizona 85323December 21, 2004040038
MaricopaTown of Carefree (04-09-1301P)December 23, 2004, December 30, 2004, Arizona Business GazetteThe Honorable Edward C. Morgan, Mayor, Town of Carefree, P.O. Box 740, Carefree, Arizona 85377November 24, 2004040126
MaricopaCity of Goodyear (04-09-1512P)December 2, 2004, December 9, 2004, Arizona Business GazetteThe Honorable James M. Cavanaugh, Mayor, City of Goodyear, 190 North Litchfield Road, Goodyear, Arizona 85338March 10, 2005040046
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MaricopaCity of Phoenix (03-09-0448P)December 2, 2004, December 9, 2004, Arizona Business GazetteThe Honorable Phil Gordon, Mayor, City of Phoenix, 200 West Washington Street, 11th Floor, Phoenix, Arizona 85003-1611March 10, 2005040051
MaricopaCity of Phoenix (04-09-0381P)December 23, 2004, December 30, 2004, Arizona Business GazetteThe Honorable Phil Gordon, Mayor, City of Phoenix, 200 West Washington Street, 11th Floor, Phoenix, Arizona 85003-1611March 30, 2005040051
MaricopaCity of Scottsdale (04-09-1301P)December 23, 2004, December 30, 2004, Arizona Business GazetteThe Honorable Mary Manross, Mayor, City of Scottsdale, 3939 North Drinkwater Boulevard, Scottsdale, Arizona 85251November 24, 2004045012
MaricopaUnincorporated Areas (03-09-1190P)October 21, 2004, October 28, 2004, Arizona Business GazetteThe Honorable Andrew W. Kunasek, Chairman, Maricopa County Board of Supervisors, 301 West Jefferson Street, 10th Floor, Phoenix, Arizona 85003October 12, 2004040037
MaricopaUnincorporated Areas (04-09-0552P)January 6, 2005, January 13, 2005, Arizona RepublicThe Honorable Andrew W. Kunasek, Chairman, Maricopa County Board of Supervisors, 301 West Jefferson Street, 10th Floor Phoenix, Arizona 85003December 21, 2004040037
PimaTown of Marana (03-09-1071P)December 2, 2004, December 9, 2004, Tucson CitizenThe Honorable Bobby Sutton, Jr., Mayor, Town of Marana, 13251 North Lon Adams Road, Marana, Arizona 85653March 10, 2005040118
PimaTown of Marana (04-09-0697P)December 16, 2004, December 23, 2004, Daily TerritorialThe Honorable Bobby Sutton, Jr., Mayor, Town of Marana, 13251 North Lon Adams Road, Marana, Arizona 85653March 23, 2005040118
PimaUnincorporated Areas (03-09-1071P)December 2, 2004, December 9, 2004, Tucson CitizenThe Honorable Sharon Bronson, Chair, Pima County Board of Supervisors, 130 West Congress Street, 11th Floor, Tucson, Arizona 85701March 10, 2005040073
PimaUnincorporated Areas (03-09-1300P)November 10, 2004, November 18, 2004, Daily TerritorialThe Honorable Sharon Bronson, Chair, Pima County Board of Supervisors, 130 West Congress Street, 11th Floor, Tucson, Arizona 85701October 26, 2004040073
PinalUnincorporated Areas (03-09-1071P)December 1, 2004, December 8, 2004, Copper Basin NewsThe Honorable Lionel D. Ruiz, Chairman, Pinal County Board of Supervisors, P.O. Box 827, Florence, Arizona 85232March 10, 2005040077
YumaUnincorporated Areas of (04-09-0557P)December 23, 2004, December 30, 2004, Yuma SunThe Honorable Lucy Shipp, Chairman, Yuma County Board of Supervisors, 198 South Main Street, Yuma, Arizona 85364March 30, 2005040099
California:
ButteCity of Chico (04-09-0415P)December 23, 2004, December 30, 2004, Chico Enterprise-RecordThe Honorable Maureen Kirk, Mayor, City of Chico, P.O. Box 3420, Chico, California 95927March 31, 2005060746
ButteUnincorporated Areas (04-09-0415P)December 23, 2004, December 30, 2004, Chico Enterprise-RecordThe Honorable Robert J. Beeler, Chairman, Butte County Board of Supervisors, Butte County Administration Center, 25 County Center Drive, Oroville, California 95965March 31, 2005060017
Los AngelesCity of Palmdale (04-09-1388P)December 2, 2004, December 9, 2004, Los Angeles TimesThe Honorable James C. Ledford, Jr., Mayor, City of Palmdale, 38300 North Sierra Highway, Palmdale, California 93550-4798March 10, 2005,060144
Los AngelesUnincorporated Areas (04-09-1388P)December 2, 2004, December 9, 2004, Los Angeles TimesThe Honorable Don Knabe, Chairman, Los Angeles County Board of Supervisors, 500 West Temple Street, Room 866, Los Angeles, California 90012March 10, 2005065043
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San DiegoCity of Poway (03-09-1583P)January 27, 2005, February 3, 2005, Poway News ChieftainThe Honorable Mickey Cafagna, Mayor, City of Poway, P.O. Box 789, Poway, California 92074-0789May 5, 2005060702
San DiegoCity of San Diego (04-09-1311P)November 4, 2004, November 11, 2004, San Diego Daily TranscriptThe Honorable Dick Murphy, Mayor, City of San Diego, 202 C Street, 11th Floor, San Diego, California 92101February 10, 2005060295
Colorado:
BoulderCity of Boulder (04-08-0494P)November 10, 2004, November 17, 2004, Boulder Daily CameraThe Honorable William R. Toor, Mayor, City of Boulder, P.O. Box 791, Boulder, Colorado 80306November 1, 2004080024
BoulderUnincorporated Areas (04-08-0494P)November 10, 2004, November 17, 2004, Boulder Daily CameraThe Honorable Paul Danish, Chairman, Boulder County Board of Commissioners, P.O. Box 471, Boulder, Colorado 80306November 1, 2004080023
El PasoUnincorporated Areas (04-08-0587P)November 10, 2004, November 17, 2004, El Paso County NewsThe Honorable Chuck Brown, Chair, El Paso County Board of Commissioners, 27 East Vermijo Avenue, Colorado Springs, Colorado 80903-2208February 16, 2005080059
El PasoUnincorporated Areas (04-08-0427P)January 19, 2005, January 26, 2005, El Paso County NewsThe Honorable Chuck Brown, Chair, El Paso County Board of Commissioners, 27 East Vermijo Avenue, Colorado Springs, Colorado 80903-2208April 27, 2005080059
WeldTown of Windsor (04-08-0430P)November 26, 2004, December 3, 2004, Windsor Daily TribuneThe Honorable Edward Starck, Mayor, Town of Windsor, 301 Walnut Street, Windsor, Colorado 80550March 4, 2005080264
Iowa:
LinnCity of Cedar Rapids (04-07-A097P)October 14, 2004, October 21, 2004, Cedar Rapids GazetteThe Honorable Paul D. Pate, Mayor, City of Cedar Rapids, City Hall, Third Floor, 50 Second Avenue Bridge, Cedar Rapids, Iowa 52401September 21, 2004190187
LinnCity of Marion (04-07-A097P)October 14, 2004, October 21, 2004, Cedar Rapids GazetteThe Honorable John Nieland, Mayor, City of Marion, 1100 Eighth Avenue, Marion, Iowa 52302September 21, 2004190191
Nebraska:
HallCity of Grand Island (04-07-A319P)November 4, 2004, November 11, 2004, Grand Island IndependentThe Honorable Jay Vavricek, Mayor, City of Grand Island, P.O. Box 1968, Grand Island, Nebraska 68802October 19, 2004310103
HallUnincorporated Areas (04-07-A319P)November 4, 2004, November 11, 2004, Grand Island IndependentThe Honorable Pamela E. Lancaster, Chair, Hall County Board of Supervisors, 2809 Apache Road, Grand Island, Nebraska 68801October 19, 2004310100
Nevada: NyeUnincorporated Areas (04-09-0133P)November 4, 2004, November 11, 2004, Tonopah Times Bonanza and Goldfield NewsThe Honorable Henry Neth, Chairman, Nye County Board of Commissioners, P.O. Box 153, Tonopah, Nevada 89049November 8, 2004320018
Ohio: FairfieldUnincorporated Areas (04-05-A672P)December 9, 2004, December 16, 2004, Lancaster Eagle-GazetteThe Honorable Judith K. Shupe, Fairfield County Commissioner, County Courthouse, 210 East Main Street, Lancaster, Ohio 43130March 17, 2005390158
Texas:
MidlandCity of Midland (04-06-A290P)January 20, 2005, January 27, 2005, Midland Reporter TelegramThe Honorable Michael J. Canon, Mayor, City of Midland, 300 North Loraine, Midland, Texas 79701January 4, 2005480477
DallasCity of Richardson (04-06-A201P)December 23, 2004, December 30, 2004, Dallas Morning NewsThe Honorable Gary Slagel, Mayor, City of Richardson, 411 West Arapaho Road, Richardson, Texas 75083March 30, 2005480184
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Washington: KingCity of Issaquah (03-10-0465P)November 17, 2004, November 24, 2004, Issaquah PressThe Honorable Ava Frisinger, Mayor, City of Issaquah, P.O. Box 1307, Issaquah, Washington 98027February 23, 2005530079
Wisconsin: DodgeUnincorporated Areas (04-05-A339P)December 2, 2004, December 9, 2004, Dodge County Independent NewsThe Honorable Russell Kottke, Chairman, Dodge County Board of Supervisors, W8542 Laurel Hill Road, Fox Lake, Wisconsin 53933March 10, 2005550094
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(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”)

Dated: March 5, 2005.

David I. Maurstad,

Acting Director, Mitigation Division, Emergency Preparedness and Response Directorate.

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[FR Doc. 05-6431 Filed 3-31-05; 8:45 am]

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