FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 65
[Docket No. FEMA—B –7431]
Changes in Flood Elevation Determinations
AGENCY:
Federal Emergency Management Agency (FEMA).
ACTION:
Interim rule.
SUMMARY:
This interim rule lists communities where modification of the Base (1-percent-annual-chance) Flood Elevations 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 Base Flood Elevations 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 Director, Federal Insurance and Mitigation Administration, reconsider the changes. The modified elevations may be changed during the 90-day period.
ADDRESSES:
The modified Base Flood Elevations 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.
FOR FURTHER INFORMATION CONTACT:
Matthew B. Miller, P.E., Chief, Hazards Study Branch, Federal Insurance and Mitigation Administration, 500 C Street SW., Washington, DC 20472, (202) 646–3461, or (e-mail)
matt.miller@fema.gov.
SUPPLEMENTARY INFORMATION:
The modified Base Flood Elevations 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 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 Base Flood Elevations 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 management 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 Base Flood Elevations 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 Administrator, Federal Insurance and Mitigation Administration 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.
List of Subjects in 44 CFR Part 65
Flood insurance, Floodplains, Reporting and recordkeeping requirements.
Accordingly, 44 CFR part 65 is amended to read as follows:
PART 65—[AMENDED]
1. The authority citation for part 65 continues to read as follows:
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.
2. The tables published under the authority of § 65.4 are amended as follows:
State and county
Location and case No.
Date and name of newspaper where notice was published
Chief executive officer of
community
Effective date of modification
Community No.
Arizona:
Maricopa
Town of Carefree (01–09–1157P), (02–09–1409X)
August 29, 2002; September 5, 2002;
Arizona Business Gazette
The Honorable Edward C. Morgan, Mayor, Town of Carefree P.O. Box 740, Carefree, Arizona 85377
December 5, 2002
040126
Maricopa
Town of Cave Creek (01–09–1157P), (02–09–1409X)
August 29, 2002; September 5, 2002;
Arizona Business Gazette
The Honorable Vincent Francia, Mayor, Town of Cave Creek, 37622 North Cave Creek Road, Cave Creek, Arizona 85331
December 5, 2002
040129
Maricopa
City of Chandler (02–09–248P)
July 24, 2002; July 31, 2002;
Arizona Republic
The Honorable Jay Tibshraeny, Mayor, City of Chandler, 55 North Arizona Place, Chandler, Arizona 85225
October 30, 2002
040040
Maricopa
City of Scottsdale (01–09–1157P), (02–09–1409X)
August 29, 2002; September 5, 2002;
Arizona Business Gazette
The Honorable Mary Manross, Mayor, City of Scottsdale, 3939 North Drinkwater Boulevard, Scottsdale, Arizona 85251
December 5, 2002
045012
Maricopa
Unincorporated Areas (02–09–068P)
September 5, 2002; September 12, 2002;
Arizona Business Gazette
The Honorable Don Stapley, Chairman, Maricopa County Board of Supervisors, 301 West Jefferson, 10th Floor, Phoenix, Arizona 85003
August 21, 2002
040037
Pima
City of Tucson (02–09–1050P)
September 18, 2002; September 25, 2002;
Daily Territorrial
The Honorable Robert Walkup, Mayor, City of Tucson, P.O. Box 27210, Tucson, Arizona, 85726
September 11, 2002
040076
Pima
Unincorporated Areas (02–09–1007P)
September 19, 2002; September 26, 2002;
Arizona Daily Star
The Honorable Raul Grijalva, Chairman, Pima County , Board of Supervisors, 130 West Congress, 11th Floor, Tucson, Arizona 85701
September 9, 2002
040073
California:
Alameda
City of Dublin, (00–09–931P)
July 26, 2002; August 2, 2002;
Tri-Valley Herald
The Honorable Janet Lockhart, Mayor, City of Dublin, 100 Civic Plaza, Dublin, California 94568
November 1, 2002
060705
San Diego
City of San Diego, (00–09–717P)
August 15, 2002; August 22, 2002;
San Diego Union-Tribune
The Honorable Richard M. Murphy, Mayor, City of San Diego, 202 C Street, 11th Floor, San Diego, California 92101
November 21, 2002
060295
Yolo
City of Winters, (02–09–649P)
August 1, 2002; August 8, 2002;
Winters Express
The Honorable Harold Anderson, Mayor, City of Winters, 318 First Street, Winters, California 95694–1923
July 11, 2002
060425
Colorado:
El Paso
City of Colorado Springs, (02–08–141P)
August 14, 2002; August 21, 2002;
The Gazette
The Honorable Mary Lou Makepeace, Mayor, City of Colorado Springs, P.O. Box 1575, Colorado Springs, Colorado 80901–1575
August 6, 2002
080060
El Paso
City of Colorado Springs, (02–08–325P)
September 5, 2002; September 12, 2002;
The Gazette
The Honorable Mary Lou Makepeace, Mayor, City of Colorado Springs, P.O. Box 1575, Colorado Springs, Colorado 80901–1575
August 21, 2002
080060
Jefferson
City of Golden (02–08–185P)
August 8, 2002; August 15, 2002;
Denver Post
The Honorable Charles J. Baroch, Mayor, City of Golden, 911 10th Street, Golden, Colorado 80401
November 14, 2002
080090
Jefferson
City of Westminster (02–08–013P)
September 12, 2002; September 19, 2002;
Westminster Window
The Honorable Ed Moss, Mayor, City of Westminster, 4800 West 92nd Avenue, Westminster, Colorado 80031
December 19, 2002
080008
Jefferson
Unincorporated Areas (02–08–185P)
August 8, 2002; August 15, 2002;
Denver Post
The Honorable Michelle Lawrence, Chairman, Jefferson County Board of Commissioners, 100 Jefferson County Parkway, Golden, Colorado 80419
July 23, 2002
080087
Jefferson
Unincorporated Areas (02–08–368P)
September 18, 2002; September 25, 2002;
Canyon Courier
The Honorable Michelle Lawrence, Chairman, Jefferson County Board of Commissioners, 100 Jefferson County Parkway, Golden, Colorado 80419
December 25, 2002
080087
Weld
Town of Firestone (01–08–384P)
July 31, 2002; August 7, 2002;
Farmer and Miner
The Honorable Michael Simone, Mayor, Town of Firestone, P.O. Box 100, Firestone, Colorado 80520
November 6, 2002
080241
Weld
Unincorporated Areas (01–08–384P)
July 31, 2002; August 7, 2002;
Greeley Tribune
The Honorable Glenn Vaad, Chairman, Weld County Board of Commissioners, P.O. Box 758, Greeley, Colorado 80632–0758
July 11, 2002
080266
Texas:
Collin
City of Frisco (00–06–1133P)
February 1, 2002; February 8, 2002;
Frisco Enterprise
The Honorable Kathy Seei, Mayor, City of Frisco, City Hall, P.O. Box 1100, Frisco, Texas 75034
November 2, 2000
480134
Dallas
City of Dallas (99–06–1120P)
January 31, 2002; February 7, 2002;
Dallas Morning News
The Honorable Ron Kirk, Mayor, City of Dallas, 1500 Marilla Street, Dallas, Texas 75201
November 13, 2000
480171
Utah:
Utah
City of Spanish Fork (01–08–306P)
August 28, 2002; September 4, 2002;
Daily Herald
The Honorable Dale Barney, Mayor, City of Spanish Fork, 40 South Main Street, Spanish Fork, Utah 84660
February 16, 2003
490241
Utah
Unincorporated Areas (01–08–306P)
August 28, 2002; September 4, 2002;
Daily Herald
The Honorable Jerry Grover, Chairman, Utah County Board of Commissioners, County Administration Building, 100 East Center Street, Suite 2300, Provo, Utah 84606
December 4, 2002
495517
(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance”)
Dated: October 17, 2002.
Anthony S. Lowe,
Administrator, Federal Insurance and Mitigation Administration.