[Federal Register Volume 63, Number 233 (Friday, December 4, 1998)]
[Rules and Regulations]
[Pages 67003-67004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32299]


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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 65

[Docket No. FEMA-7264]


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 Associate Director for 
Mitigation 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: Matthew B. Miller, P.E., Chief, 
Hazards Study Branch, Mitigation Directorate, 500 C Street SW., 
Washington, DC 20472, (202) 646-3461.

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 Associate Director for Mitigation 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.

[[Page 67004]]

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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                                                                  Dates and name of
          State and county                    Location          newspaper where notice   Chief executive officer of     Effective date of     Community
                                                                    was published                community                modification           No.
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California:
    Sacramento......................  Unincorporated Areas...  November 23, 1998,       The Honorable Illa Collin,   October 23, 1998......       060262
                                                                November 30, 1998,       Chairperson, Sacramento
                                                                Sacramento Bee.          County Board of
                                                                                         Supervisors, 700 H Street,
                                                                                         Room 2450, Sacramento,
                                                                                         California 95814.
    San Diego.......................  City of San Diego......  November 10, 1998,       The Honorable Susan          October 19, 1998......       060295
                                                                November 17, 1998, San   Golding, Mayor, City of
                                                                Diego Union-Tribune.     San Diego, 202 C Street,
                                                                                         11th Floor, San Diego,
                                                                                         California 92101.
New Mexico:
    Bernalillo......................  City of Albuquerque....  November 11, 1998,       The Honorable Jim Baca,      October 21, 1998......       350002
                                                                November 18, 1998,       Mayor, City of
                                                                Albuquerque Journal.     Albuquerque, P.O. Box
                                                                                         1293, Albuquerque, New
                                                                                         Mexico 87103.
    Bernalillo......................  Unincorporated Areas...  November 11, 1998,       The Honorable Steve          October 21, 1998......       350001
                                                                November 18, 1998,       Gallegos, Chairman,
                                                                Albuquerque Journal.     Bernalillo County, Board
                                                                                         of Commissioners, One
                                                                                         Civic Plaza Northeast,
                                                                                         10th Floor, Albuquerque,
                                                                                         New Mexico 87102.
    Bernalillo......................  Village of Corrales....  November 11, 1998,       The Honorable Gary Kanin,    October 21, 1998......       350094
                                                                November 18, 1998,       Mayor, Village of
                                                                Albuquerque Journal.     Corrales, P.O. Box 707,
                                                                                         Corrales, New Mexico 87048.
    Dona Ana........................  City of Las Cruces.....  November 18, 1998,       The Honorable Rubin A.       October 23, 1998......       355332
                                                                November 25, 1998, The   Smith, Mayor, City of Las
                                                                Sun News.                Cruces, P.O. Box 20000,
                                                                                         Las Cruces, New Mexico
                                                                                         88004.
    Bernalillo......................  City of Rio Rancho.....  November 11, 1998,       The Honorable John           October 21, 1998......       350146
                                                                November 18, 1998,       Jennings, Mayor, City of
                                                                Albuquerque Journal.     Rio Rancho, 3900 Southern
                                                                                         Boulevard, Rio Rancho, New
                                                                                         Mexico 87124.
Oklahoma............................  City of Shawnee........  September 18, 1998,      The Honorable Chris Harden,  August 14, 1998.......       400178
                                                                September 25, 1998,      Mayor, City of Shawnee,
                                                                Shawnee News-Star.       P.O. Box 1448, Shawnee,
                                                                                         Oklahoma 74802-1448.
Texas:
    Tarrant.........................  City of Dal-             November 13, 1998,       The Honorable Al Taub,       October 19, 1998......       481013
                                       worthington Gardens.     November 20, 1998,       Mayor, City of
                                                                Fort Worth Star-         Dalworthington Gardens,
                                                                Telegram.                2600 Roosevelt Drive,
                                                                                         Dalworthington Gardens,
                                                                                         Texas 76016.
    Travis..........................  Unincorporated Areas...  November 18, 1998,       The Honorable Bill           October 26, 1998......       481026
                                                                November 25, 1998,       Aleshire, Travis County
                                                                Austin American          Judge, P.O. Box 1748,
                                                                Statesman.               Austin, Texas 78767-1748.
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(Catalog of Federal Domestic Assistance No. 83.100, Flood Insurance)

    Dated: November 24, 1998.
Michael J. Armstrong,
Associate Director for Mitigation.
[FR Doc. 98-32299 Filed 12-3-98; 8:45 am]
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