[Federal Register Volume 64, Number 12 (Wednesday, January 20, 1999)]
[Rules and Regulations]
[Pages 3045-3046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1212]


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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 65

[Docket No. FEMA-7268]


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.
    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     Chief executive officer of    Effective date of       Community No.
                                                            notice was published           community               modification
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Arizona: Pima.....................  City of Tucson.......  December 2, 1998,      The Honorable George        November 3, 1998.....  040076
                                                            December 9, 1998,      Miller, Mayor, City of
                                                            Arizona Daily Star.    Tucson, P.O. Box 27210,
                                                                                   Tucson, Arizona 85726.

[[Page 3046]]

 
California: Orange................  City of Lake Forest..  December 1, 1998,      The Honorable Peter         March 8, 1999........  060759
                                                            December 8, 1998,      Herzog, Mayor, City of
                                                            Orange County          Lake Forest, 23161 Lake
                                                            Register.              Center Drive, Suite 100,
                                                                                   Lake Forest, California
                                                                                   92630.
Colorado: Ouray...................  City of Ouray........  December 3, 1998,      The Honorable Jim Miller,   November 9, 1998.....  080137
                                                            December 10, 1998,     Mayor, City of Ouray,
                                                            Ouray County           P.O. Box 468, Ouray,
                                                            Plaindealer.           Colorado 81427.
Colorado: Ouray...................  Unincorporated Areas.  December 3, 1998,      The Honorable Alan          November 9, 1998.....  080136
                                                            December 10, 1998,     Staehle, Chairman, Ouray
                                                            Ouray County           County, Board of
                                                            Plaindealer.           Commissioners, P.O. Box
                                                                                   C, Ouray, Colorado, 81427.
Kansas: McPherson.................  City of McPherson....  December 3, 1998,      The Honorable Vernon L.     November 4, 1998.....  200217
                                                            December 10, 1998,     Dossett, Mayor, City of
                                                            McPherson Sentinel.    McPherson, P.O. Box 1008,
                                                                                   McPherson, Kansas 67460.
Oklahoma: Oklahoma................  City of Oklahoma City  November 18, 1998,     The Honorable Ronald        November 2, 1998.....  405378
                                                            November 25, 1998,     Norick, Mayor, City of
                                                            Daily Oklahoman.       Oklahoma City, 200 North
                                                                                   Walker, Suite 302,
                                                                                   Oklahoma City, Oklahoma
                                                                                   73102.
Oklahoma: Oklahoma................  City of Oklahoma City  December 2, 1998,      The Honorable Kirk          November 6, 1998.....  405378
                                                            December 9, 1998,      Humphreys, Mayor, City of
                                                            Daily Oklahoman.       Oklahoma City, 200 North
                                                                                   Walker, Suite 302,
                                                                                   Oklahoma City, Oklahoma
                                                                                   73102.
Texas: Tarrant....................  City of Fort Worth...  December 1, 1998,      The Honorable Kenneth       November 5, 1998.....  480596
                                                            December 8, 1998,      Barr, Mayor, City of Fort
                                                            Fort Worth Star-       Worth, 1000 Throckmorton
                                                            Telegram.              Street, Fort Worth, Texas
                                                                                   76102-6311.
Texas: Hays.......................  Unincorporated Areas.  December 2, 1998,      The Honorable Eddy          November 6, 1998.....  480321
                                                            December 9, 1998,      Etheredge, Hays County
                                                            San Marcos Daily       Judge, Hays County
                                                            Record.                Courthouse, 111 East San
                                                                                   Antonio Street, San
                                                                                   Marcos, Texas 78666.
Texas: Dallas.....................  City of Mesquite.....  November 20, 1998,     The Honorable Mike          November 2, 1998.....  485490
                                                            November 27, 1998,     Anderson, Mayor, City of
                                                            Dallas Morning News.   Mesquite, P.O. Box
                                                                                   850131, Mesquite, Texas
                                                                                   75185-0137.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance'')

    Dated: January 11, 1999.
Michael J. Armstrong,
Associate Director for Mitigation.
[FR Doc. 99-1212 Filed 1-19-99; 8:45 am]
BILLING CODE 6718-04-P