[Federal Register Volume 61, Number 166 (Monday, August 26, 1996)]
[Rules and Regulations]
[Pages 43679-43682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21690]


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FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 65

[Docket No. FEMA-7193]


Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Interim rule.

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SUMMARY: This interim rule lists communities where modification of the 
base (1% 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 and revise the Flood Insurance Rate 
Map(s) 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 Acting Associate 
Director, Mitigation

[[Page 43680]]

Directorate, 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 following 
table.

FOR FURTHER INFORMATION CONTACT: Michael K. Buckley, P.E., Chief, 
Hazard Identification Branch, Mitigation Directorate, 500 C Street 
S.W., Washington, D.C. 20472, (202) 646-2756.

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 upon knowledge of 
changed conditions, or upon 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 Acting Associate Director, Mitigation 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.

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.


Sec. 65.4  [Amended]

    2. The tables published under the authority of Sec. 65.4 are 
amended as follows:

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                                                                                              Chief executive                                           
      State and county                  Location               Dates and name of newspaper       officer of          Effective date of        Community 
                                                               where notice was published        community             modification              No.    
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California:.................                                                                                                                            
    San Diego...............  City of Poway...............  June 6, 1996, June 13, 1996,      The Honorable    May 15, 1996................       060702
                                                             Poway News-Chieftain.             Don Higginson,                                           
                                                                                               Mayor, City of                                           
                                                                                               Poway, P.O.                                              
                                                                                               Box 789,                                                 
                                                                                               Poway,                                                   
                                                                                               California                                               
                                                                                               92074-0789.                                              
    San Diego...............  Unincorporated Areas........  July 12, 1996, July 19, 1996,     The Honorable    June 26, 1996...............       060284
                                                             San Diego Daily Transcript.       Ron Roberts,                                             
                                                                                               Chairman, San                                            
                                                                                               Diego County                                             
                                                                                               Board of                                                 
                                                                                               Supervisors,                                             
                                                                                               1600 Pacific                                             
                                                                                               Highway, Room                                            
                                                                                               335, San                                                 
                                                                                               Diego,                                                   
                                                                                               California                                               
                                                                                               92101.                                                   
Colorado:                                                                                                                                               
    Adams, Jefferson, and     City of Broomfield..........  June 20, 1996, June 27, 1996,     The Honorable    May 16, 1996................       085073
     Boulder.                                                Broomfield Enterprise.            Bill Berens,                                             
                                                                                               Mayor, City of                                           
                                                                                               Broomfield,                                              
                                                                                               P.O. Box 1415,                                           
                                                                                               Broomfield,                                              
                                                                                               Colorado 80038-                                          
                                                                                               1415.                                                    

[[Page 43681]]

                                                                                                                                                        
    Douglas.................  Town of Castle Rock.........  July 10, 1996, July 17, 1996,     The Honorable    June 18, 1996...............       080050
                                                             Douglas County News Press.        Mark Williams,                                           
                                                                                               Mayor, Town of                                           
                                                                                               Castle Rock,                                             
                                                                                               144 Hillside                                             
                                                                                               Drive, Castle                                            
                                                                                               Rock, Colorado                                           
                                                                                               80104.                                                   
    Garfield................  Unincorporated Areas........  July 3, 1996, July 10, 1996,      The Honorable    May 31, 1996................       080205
                                                             Citizen Telegram.                 Marian Smith,                                            
                                                                                               Chairperson,                                             
                                                                                               Board of                                                 
                                                                                               County                                                   
                                                                                               Commissioners,                                           
                                                                                               Garfield                                                 
                                                                                               County, 109                                              
                                                                                               Eighth Street,                                           
                                                                                               Suite 300,                                               
                                                                                               Glenwood                                                 
                                                                                               Springs,                                                 
                                                                                               Colorado 81601.                                          
    Garfield................  City of Rifle...............  July 3, 1996, July 10, 1996,      The Honorable    May 31, 1996................       085078
                                                             Citizen Telegram.                 David Ling,                                              
                                                                                               Mayor, City of                                           
                                                                                               Rifle, P.O.                                              
                                                                                               Box 1908,                                                
                                                                                               Rifle,                                                   
                                                                                               Colorado 81650.                                          
Hawaii: Maui................  Unincorporated Areas........  July 10, 1996, July 17, 1996,     The Honorable    June 6, 1996................       150003
                                                             Maui News.                        Linda Crockett-                                          
                                                                                               Lingle, Mayor,                                           
                                                                                               County of                                                
                                                                                               Maui, 200                                                
                                                                                               South High                                               
                                                                                               Street,                                                  
                                                                                               Wailuku,                                                 
                                                                                               Hawaii 96793.                                            
Missouri:                                                                                                                                               
    Jackson.................  City of Lee's Summit........  July 10, 1996, July 17, 1996,     The Honorable    June 20, 1996...............       290174
                                                             Lee's Summit Journal.             Karen R.                                                 
                                                                                               Messerli,                                                
                                                                                               Mayor, City of                                           
                                                                                               Lee's Summit,                                            
                                                                                               City Hall, 207                                           
                                                                                               Southwest                                                
                                                                                               Market, Lee's                                            
                                                                                               Summit,                                                  
                                                                                               Missouri 64063.                                          
    Jackson and Cass........  City of Lee's Summit........  June 12, 1996, June 19, 1996,     The Honorable    May 15, 1996................       290174
                                                             Lee's Summit Journal.             Karen R.                                                 
                                                                                               Messerli,                                                
                                                                                               Mayor, City of                                           
                                                                                               Lee's Summit,                                            
                                                                                               P.O. Box 1600,                                           
                                                                                               Lee's Summit,                                            
                                                                                               Missouri 64063-                                          
                                                                                               2332.                                                    
South Dakota: Pennington....  Unincorporated Areas........  July 12, 1996, July 19, 1996,     The Honorable    June 18, 1996...............       460064
                                                             The Rapid City Journal.           Delores                                                  
                                                                                               Coffing,                                                 
                                                                                               Chairperson,                                             
                                                                                               Pennington                                               
                                                                                               County,                                                  
                                                                                               Commissioners,                                           
                                                                                               315 St. Joseph                                           
                                                                                               Street, Rapid                                            
                                                                                               City, South                                              
                                                                                               Dakota 57701-                                            
                                                                                               2879.                                                    
Texas:                                                                                                                                                  
    Travis..................  City of Austin..............  July 3, 1996, July 10, 1996,      The Honorable    June 6, 1996................       480624
                                                             American Statesman.               Bruce Todd,                                              
                                                                                               Mayor, City of                                           
                                                                                               Austin, P.O.                                             
                                                                                               Box 1088,                                                
                                                                                               Austin, Texas                                            
                                                                                               78767.                                                   
    Bexar...................  Unincorporated Areas........  July 2, 1996, July 9, 1996, San   The Honorable    May 29, 1996................       480035
                                                             Antonio Express-News.             Cyndi Taylor                                             
                                                                                               Krier, Bexar                                             
                                                                                               County Judge,                                            
                                                                                               Bexar County                                             
                                                                                               Courthouse,                                              
                                                                                               First Floor,                                             
                                                                                               100 Dolorosa,                                            
                                                                                               San Antonio,                                             
                                                                                               Texas 78205-                                             
                                                                                               3036.                                                    
    Cameron.................  Unincorporated Areas........  July 11, 1996, July 18, 1996,     The Honorable    May 31, 1996................       480101
                                                             Brownsville Herald.               Gilberto                                                 
                                                                                               Hinojosa,                                                
                                                                                               Cameron County                                           
                                                                                               Judge, 964                                               
                                                                                               East Harrison,                                           
                                                                                               Brownsville,                                             
                                                                                               Texas 78520.                                             

[[Page 43682]]

                                                                                                                                                        
    Dallas, Denton, and       City of Carrollton..........  July 11, 1996, July 18, 1996,     The Honorable    June 28, 1996...............       480167
     Collin.                                                 Metro Crest News.                 Milburn                                                  
                                                                                               Gravley,                                                 
                                                                                               Mayor, City of                                           
                                                                                               Carrollton,                                              
                                                                                               P.O. Box                                                 
                                                                                               110535,                                                  
                                                                                               Carrollton,                                              
                                                                                               Texas 75011-                                             
                                                                                               0535.                                                    
    Tarrant.................  City of Fort Worth..........  July 2, 1996, July 9, 1996, Fort  The Honorable    June 18, 1996...............       480596
                                                             Worth Star Telegram.              Kenneth Barr,                                            
                                                                                               Mayor, City of                                           
                                                                                               Fort Worth,                                              
                                                                                               1000                                                     
                                                                                               Throckmorton                                             
                                                                                               Street, Fort                                             
                                                                                               Worth, Texas                                             
                                                                                               76102-6311.                                              
    Harris..................  Unincorporated Areas........  July 9, 1996, July 16, 1996,      The Honorable    June 12, 1996...............       480287
                                                             Houston Chronicle.                Robert Eckels,                                           
                                                                                               Harris County                                            
                                                                                               Judge, 1001                                              
                                                                                               Preston                                                  
                                                                                               Street, Suite                                            
                                                                                               911, Houston,                                            
                                                                                               Texas 77002.                                             
    Kerr....................  City of Ingram..............  June 12, 1996, June 19, 1996,     The Honorable    May 31, 1996................       481592
                                                             The Kerrville Daily Times.        Nina Jane Bird                                           
                                                                                               Raymer, Mayor,                                           
                                                                                               City of                                                  
                                                                                               Ingram, 409                                              
                                                                                               Highway 27                                               
                                                                                               West, Ingram,                                            
                                                                                               Texas 78025.                                             
    Kerr....................  Unincorporated Areas........  June 12, 1996, June 19, 1996,     The Honorable    May 31, 1996................       480419
                                                             The Kerrville Daily Times.        Robert A.                                                
                                                                                               Denson, Kerr                                             
                                                                                               County Judge,                                            
                                                                                               700 Main,                                                
                                                                                               Kerrville,                                               
                                                                                               Texas 78028.                                             
    Kerr....................  City of Kerrville...........  June 12, 1996, June 19, 1996,     The Honorable    May 31, 1996................       480420
                                                             The Kerrville Daily Times.        Charles P.                                               
                                                                                               Johnson,                                                 
                                                                                               Mayor, City of                                           
                                                                                               Kerrville, 800                                           
                                                                                               Junction                                                 
                                                                                               Highway,                                                 
                                                                                               Kerrville,                                               
                                                                                               Texas 78028-                                             
                                                                                               5069.                                                    
    Cameron.................  City of Port Isabel.........  July 11, 1996, July 18, 1996,     The Honorable    May 31, 1996................       480109
                                                             Port Isabel South Padre Island    Quirino                                                  
                                                             Press.                            Martinez,                                                
                                                                                               Mayor, City of                                           
                                                                                               Port Isabel,                                             
                                                                                               305 East                                                 
                                                                                               Maxan, Port                                              
                                                                                               Isabel, Texas                                            
                                                                                               78578.                                                   
Washington:                                                                                                                                             
    Chelan..................  Unincorporated Areas........  July 12, 1996, July 19, 1996,     The Honorable    June 18, 1996...............       530015
                                                             The Wenatchee World.              John Wall,                                               
                                                                                               Chairman,                                                
                                                                                               Chelan County                                            
                                                                                               Commissioners,                                           
                                                                                               Chelan County                                            
                                                                                               Courthouse,                                              
                                                                                               350 Orondo                                               
                                                                                               Avenue,                                                  
                                                                                               Wenatchee,                                               
                                                                                               Washington                                               
                                                                                               98801.                                                   
    Chelan..................  City of Wenatchee...........  July 12, 1996, July 19, 1996,     The Honorable    June 18, 1996...............       530020
                                                             The Wenatchee World.              Earl Tilly,                                              
                                                                                               Mayor, City of                                           
                                                                                               Wenatchee,                                               
                                                                                               P.O. Box 519,                                            
                                                                                               Wenatchee,                                               
                                                                                               Washington                                               
                                                                                               98807-0519.                                              
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance.'')

    Dated: August 15, 1996.
Richard W. Krimm,
Acting Associate Director for Mitigation.
[FR Doc. 96-21690 Filed 8-23-96; 8:45 am]
BILLING CODE 6718-04-P