[Federal Register Volume 64, Number 29 (Friday, February 12, 1999)]
[Rules and Regulations]
[Pages 7108-7109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3535]


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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 65

[Docket No. FEMA-7272]


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, or (e-mail) [email protected].

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.

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:

[[Page 7109]]



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                                                             Dates and name of
         State and county                  Location           newspaper where     Chief executive officer of    Effective date of       Community No.
                                                            notice was published           community               modification
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Arizona:
    Maricopa......................  City of Phoenix......  December 22, 1998,     The Honorable Skip Rimsza,  November 19, 1998....  040051
                                                            December 29, 1998,     Mayor, City of Phoenix,
                                                            Arizona Republic.      200 West Washington
                                                                                   Street, 11th Floor,
                                                                                   Phoenix, Arizona 85003-
                                                                                   1611.
    Pima..........................  Unincorporated Areas.  December 15, 1998,     The Honorable Mike Boyd,    November 20, 1998....  040073
                                                            December 22, 1998,     Pima County Board of
                                                            Arizona Daily Star.    Supervisors, 130 West
                                                                                   Congress, Fifth Floor,
                                                                                   Tucson, Arizona 85701.
California: Santa Clara...........  City of Gilroy.......  December 11, 1998,     The Honorable K. A. Mike     November 10, 1998...  060340
                                                            December 18, 1998,     Gilroy, Mayor, City of
                                                            Gilroy Dispatch.       Gilroy, 7351 Rosanna
                                                                                   Street, Gilroy,
                                                                                   California 95020.
Colorado:
    Gilpin........................  City of Black Hawk...  December 11, 1998,     The Honorable Kathryn       November 9, 1998.....  080076
                                                            December 18, 1998,     Eccker, Mayor, City of
                                                            Weekly Register Call.  Black Hawk, P. O. Box 17,
                                                                                   Black Hawk, Colorado
                                                                                   80422.
    El Paso.......................  Unincorporated Areas.  December 10, 1998,     The Honorable Charles C.    November 9, 1998.....  080059
                                                            December 17, 1998,     Brown, Chairman, El Paso
                                                            The Tribune.           County Board of
                                                                                   Commissioners, 27 East
                                                                                   Vermijo Avenue, Third
                                                                                   Floor, Colorado Springs,
                                                                                   Colorado 80903-2208.
    Jefferson.....................  Unincorporated Area..  December 16, 1998,     The Honorable Michelle,     December 3, 1998.....  080087
                                                            December 23, 1998,     Chairperson, Jefferson
                                                            Columbine County       County, Board of
                                                            Courier.               Commissioners, 100
                                                                                   Jefferson County Parkway,
                                                                                   Suite 5550, Golden,
                                                                                   Colorado 80419.
Missouri: Jackson.................  City of Raytown......  December 23, 1998,     The Honorable Jack R.       March 30, 1999.......  290176
                                                            December 30, 1998,     Nesbitt, Mayor, City of
                                                            Raytown Post.          Raytown, 10000 East 59th
                                                                                   Street, Raytown, Missouri
                                                                                   64133.
Nevada: Clark.....................  City of Las Vegas....  December 22, 1998,     The Honorable Jan Laverty   November 30, 1998....  325276
                                                            December 29, 1998,     Jones, Mayor, City of Las
                                                            Las Vegas Review       Vegas, 400 East Stewart
                                                            Journal.               Avenue, Las Vegas, Nevada
                                                                                   89101-2986.
Texas: Bexar                        City of Alamo Heights  December 10, 1998,     The Honorable Robert        March 17, 1999.......  480036
                                                            December 17, 1998,     Biechlin, Mayor, City of
                                                            North San Antonio      Alamo Heights, 6116
                                                            Times.                 Broadway, San Antonio,
                                                                                   Texas 78209.
    Dallas........................  City of Irving.......  December 17, 1998,     The Honorable Morris H.     November 20, 1998....  480180
                                                            December 24, 1998,     Parrish, Mayor, City of
                                                            Irving News.           Irving, P. O. Box 152288,
                                                                                   Irving, Texas 75015-2288.
    Bell..........................  City of Killeen......  December 22, 1998,     The Honorable Fred Latham,  November 20, 1998....  480031
                                                            December 29, 1998,     Mayor, City of Killeen,
                                                            Killeen Daily          P. O. Box 1329, Killeen,
                                                            Herald,.               Texas 76540.
    Bexar.........................  City of San Antonio..  December 10, 1998,     The Honorable Howard W.     March 17, 1999.......  480045
                                                            December 17, 1998,     Peak, Mayor, City of San
                                                            North San Antonio      Antonio, P. O. Box
                                                            Times.                 839966, San Antonio,
                                                                                   Texas 78283-3966.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance.'')

    Dated: February 6, 1999.
Michael J. Armstrong,
Associate Director for Mitigation.
[FR Doc. 99-3535 Filed 2-11-99; 8:45 am]
BILLING CODE 6718-04-P