Federal Register: September 21, 1999 (Volume 64, Number 182)Rules and RegulationsPage 51070-51071From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr21se99-9

FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 65

Docket No. FEMA-7300Changes 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% 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) 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 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:

Dates and name of State and county

Location

newspaper where Chief executive officer of Effective date of Community No. notice was published

community

modification

Colorado: El Paso................. City of Colorado July 22, 1999, July The Honorable Mary Lou July 1, 1999......... 080060 Springs.

29, 1999, Gazette Makepeace, Mayor, City of Telegraph.

Colorado Springs, P.O. Box 1575, Colorado Springs, Colorado 80901- 1575. Idaho: Ada........................ Unincorporated Areas. July 21, 1999, July The Honorable Vernon

Oct. 26, 1999........ 160001 28, 1999, The Idaho Bisterfeldt, Chairman, Statesman.

Ada County Board of Commissioners, 650 West Main Street, Boise, Idaho 83702. Idaho: Ada........................ City of Eagle........ July 21, 1999, July The Honorable Rick

Oct. 26, 1999........ 160003 28, 1999, Valley Yzaguirre, Mayor, City of News.

Eagle, 310 East State, Eagle, Idaho 83616.

[Page 51071]

Kansas: Sedgwick.................. City of Wichita...... July 21, 1999, July The Honorable Bob Knight, June 18, 1999........ 200328 28, 1999, Wichita Mayor, City of Wichita, Eagle.

City Hall, 455 North Main Street, First Floor, Wichita, Kansas 67202. Missouri: Lincoln................. City of Troy......... August 4, 1999,

The Honorable Charles H. July 9, 1999......... 290641 August 11, 1999, Kemper, Mayor, City of Lincoln County

Troy, 200 Main Street, Journal.

Troy, Missouri 63379. Texas: Collin..................... City of Allen........ July 21, 1999, July The Honorable Kevin Lilly, June 21, 1999........ 480131 28, 1999, Allen

Mayor, City of Allen, One American.

Butler Circle, Allen, Texas 75013. Texas: Cameron.................... Unincorporated Areas. August 6, 1999,

The Honorable Gilberton July 2, 1999......... 480101 August 13, 1999, Hinojosa, Cameron County Brownsville Herald. Judge, 964 East Harrison, Brownsville, Texas 78520. Texas: Dallas..................... City of Dallas....... July 15, 1999, July The Honorable Ron Kirk, June 20, 1999........ 480171 22, 1999, Dallas Mayor, City of Dallas, Morning News.

City Hall, 1500 Marilla, Dallas, Texas 75201. Texas: Dallas..................... City of Irving....... July 22, 1999, July The Honorable Joe Putman, June 25, 1999........ 480180 29, 1999, Irving Mayor, City of Irving, News.

P.O. Box 152288, Irving, Texas 75015-2288. Texas: Tarrant.................... City of Keller....... August 3, 1999,

The Honorable Dave

July 6, 1999......... 480602 August 10, 1999, Phillips, Mayor, City of Keller Citizen.

Keller, P.O. Box 770, Keller, Texas 76244. Texas: Tarrant, Dallas and Ellis.. City of Grand Prairie July 22, 1999, July The Honorable Charles V. June 25, 1999........ 485472 29, 1999, Grand

England, Mayor, City of Prairie.

Grand Prairie, P.O. Box 534045, Grand Prairie, Texas 75053. Texas: Denton..................... City of Lewisville... August 4, 1999,

The Honorable Bobbie J. July 6, 1999......... 480195 August 11, 1999, Mitchell, Mayor, City of Lewisville News. Lewisville, P.O. Box 299002, Lewisville, Texas 75029-9002. Texas: Gregg and Harrison......... City of Longview..... July 13, 1999, July The Honorable David

Oct. 18, 1999........ 480264 20, 1999, Longview McWhorter, Mayor, City of News-Journal.

Longview, P.O. Box 1952, Longview, Texas 75606- 1952. Texas: Bexar...................... City of San Antonio.. July 14, 1999, July The Honorable Howard W. Oct. 19, 1999........ 480045 21, 1999, San

Peak, Mayor, City of San Antonio Express-News. Antonio, P.O. Box 839966, San Antonio, Texas 78283- 3966. Texas: Guadalupe.................. City of Schertz...... July 15, 1999, July The Honorable Hal Baldwin, June 8, 1999......... 480269 22, 1999, The Herald. Mayor, City of Schertz, P.O. Box Drawer 1, Schertz, Texas 78154.

(Catalog of Federal Domestic Assistance No. 83.100, ``Flood Insurance.'')

Dated: September 14, 1999. Michael J. Armstrong, Associate Director for Mitigation.

FR Doc. 99-24560Filed9-20-99; 8:45 amBILLING CODE 6718-04-U