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FEDERAL EMERGENCY MANAGEMENT AGENCY

Federal Emergency Management Agency

CFR Citation: 44 CFR Part 65

Docket ID: [Docket No. FEMA-B-7411]

NOTICE: RULES

ACTION: Flood elevation determinations:

DOCUMENT ACTION: Interim rule.

SUBJECT CATEGORY: Changes in Flood Elevation Determinations

DATES: These modified base flood elevations are currently in effect on the dates listed in the table below 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 90day period.

DOCUMENT 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.

SUMMARY: Various States,

SUPPLEMENTAL 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
[[Page 10591]]
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 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:
Dates and name of State and county Location newspaper where Chief executive officer Effective date of modification Community notice was published of community No. Arizona:

Cochise....................... Unincorporated Areas. November 8, 2000, The Honorable Mike Feb. 15, 2001.................. 040012 November 15, 2000, Palmer, Chairman, Arizona Range News. Cochise County Board of Supervisors, 1415 West Melody Lane, Bisbee, Arizona 85603.

Maricopa...................... Town of Buckeye...... August 10, 2000, The Honorable Dusty Hull, July 19, 2000.................. 040039 August 17, 2000, Mayor, Town of Buckeye, Arizona Republic. 100 North Apache Road, Suite A, Buckeye, Arizona 85326.

Maricopa...................... Unincorporated Areas. August 10, 2000, The Honorable Andrew July 19, 2000.................. 040037 August 17, 2000, Kunasek, Chairperson, Arizona Republic. Maricopa County Board of Supervisors, 301 West Jefferson, 10th Floor, Phoenix, Arizona 85003.

Pima.......................... City of Tucson....... December 1, 2000, The Honorable Robert E. Nov. 8, 2000................... 040076 December 8, 2000, Walkup, Mayor, City of Arizona Daily Star. Tucson, P.O. Box 27210, Tucson, Arizona 85726.

Pima.......................... City of Tucson....... December 22, 2000, The Honorable Robert E. Mar. 29, 2001.................. 040076 December 29, 2001, Walkup, Mayor, City of Arizona Daily Star. Tucson, P.O. Box 27210, Tucson, Arizona 85726. California:

Mendocino..................... City of Ukiah........ December 1, 2000, The Honorable Jim Mastin, Nov. 14, 2000.................. 060186 December 8, 2000, Mayor, City of Ukiah, Ukiah Daily Journal. 300 Seminary Avenue, Ukiah, California 95482.

Santa Clara................... City of Milpitas..... December 13, 2000, The Honorable Henry Nov. 27, 2000.................. 060344 December 20, 2000, Manayan, Mayor, City of Milpitas Post. Milpitas, 455 East Calaveras Boulevard, Milpitas, California 95035. Colorado: Arapahoe................ Unincorporated Areas. November 29, 2000, The Honorable John Nov. 3, 2000................... 080011 December 6, 2000, Brackney, Chairman, Denver Post. Arapahoe County Board of Commissioners, 5334 South Prince Street, Littleton, Colorado 80166. [[Page 10592]]

Oklahoma:

Rogers........................ City of Owasso....... Sept. 28, 2000, The Honorable Mark Sept. 8, 2000.................. 400210 October 5, 2000, Wilken, Mayor, City of Owasso Reporter. Owasso, P.O. Box 180, Owasso, Oklahoma 74055 0180.

Tulsa......................... City of Broken Arrow. October 24, 2000, The Honorable James Oct. 5, 2000................... 400236 October 31, 2000, Reynolds, Mayor, City of Broken Arrow Daily Broken Arrow, P.O. Box Ledger. 610, Broken Arrow, Oklahoma 74013. Oregon:

Clackamas..................... Unincorporated Areas. November 24, 2000, The Honorable Bill Mar. 1, 2001................... 415588 December 1, 2000, Kennemer, Chairman, The Oregonian. Clackamas County Board of Commissioners, 906 Main Street, Oregon City, Oregon 97045.

Lincoln....................... City of Newport...... August 25, 2000, The Honorable Mark Jones, Aug. 11, 2000.................. 410131 September 1, 2000, Mayor, City of Newport, Newport NewsTimes. 1801 North Coast Highway, Newport, Oregon 97365. Texas:

Bexar......................... City of San Antonio.. December 7, 2000, The Honorable Howard W. Nov. 15, 2000.................. 480045 December 14, 2000, Peak, Mayor, City of San San Antonio Express Antonio, P.O. Box News. 839966, San Antonio, Texas 782833966.

Dallas........................ City of Carrollton... September 29, 2000, The Honorable Mark Jan. 4, 2001................... 480167 October 6, 2000, Stokes, Mayor, City of Metrocrest News. Carrollton, P.O. Box 110535, Carrollton, Texas 750110535.

Tarrant....................... City of North May 25, 2000, June The Honorable Charles May 3, 2000.................... 480607 Richland Hills. 1, 2000, Star Scoma, Mayor, City of Telegram. North Richland Hills, P.O. Box 820609, North Richland Hills, Texas 761820609.

Tarrant....................... City of North June 20, 2000, June The Honorable Charles May 24, 2000................... 480607 Richland Hills. 27, 2000, Star Scoma, Mayor, City of Telegram. North Richland Hills, P.O. Box 820609, North Richland Hills, Texas 761820609. (Catalog of Federal Domestic Assistance No. 83.100, ``Flood Insurance'')
Margaret E. Lawless,
Acting Executive Associate Director for Mitigation.
[FR Doc. 013920 Filed 21501; 8:45 am] BILLING CODE 671804P

FOR FURTHER INFORMATION CONTACT Matthew B. Miller, P.E., Chief, Hazards Study Branch, Mitigation Directorate, 500 C Street SW., Washington, DC 20472, (202) 6463461, or (email) matt.miller@fema.gov.