71718 Federal Register / Vol. 69, No. 237 / Friday, December 10, 2004 / Rules and Regulations 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 65 

[Docket No. FEMA –B–7450] 

Changes in Flood Elevation 

Determinations

AGENCY: Federal Emergency 

Management Agency (FEMA), 

Emergency Preparedness and Response 

Directorate, Department of Homeland 

Security.

ACTION: Interim rule.

SUMMARY: This interim rule lists 

communities where modification of the 

Base (1 % annual-chance) Flood 

Elevations (BFEs) is appropriate because 

of new scientific or technical data. New 

flood insurance premium rates will be 

calculated from the modified BFEs for 

new buildings and their contents.

DATES: These modified BFEs are 

currently in effect on the dates listed in 

the table below and revise the Flood 

Insurance Rate Maps in effect prior to 

this determination for the listed 

communities. 

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 

Mitigation Division Director for the 

Emergency Preparedness and Response 

Directorate reconsider the changes. The 

modified BFEs may be changed during 

the 90-day period.

ADDRESSES: The modified BFEs 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 

table below.

FOR FURTHER INFORMATION CONTACT:

Doug Bellomo, P.E., Hazard 

Identification Section, Mitigation 

Division, Emergency Preparedness and 

Response Directorate, FEMA, 500 C 

Street SW., Washington, DC 20472, 

(202) 646–2903.

SUPPLEMENTARY INFORMATION: The 

modified BFEs are not listed for each 

community in this interim rule. 

However, the address of the Chief 

Executive Officer of the community 

where the modified BFE determinations 

are available for inspection is provided. 

Any request for reconsideration must 

be based on knowledge of changed 

conditions or 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 BFEs 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 BFEs, 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 the 

other Federal, State, or regional entities. 

The changes BFEs 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 

Mitigation Division Director for the 

Emergency Preparedness and Response 

Directorate certifies that this rule is 

exempt from the requirements of the 

Regulatory Flexibility Act because 

modified BFEs 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.

§ 65.4 [Amended]

■ 2. The tables published under the 

authority of § 65.4 are amended as 

follows:

State and county Location and case 

No. 

Date and name of newspaper where notice was 

published 

Chief executive officer of community Effective date of

modification 

Community 

No. 

Arizona: 

Maricopa ........ City of Glendale 

(03–09–1653P).

Sept. 23, 2004, Sept. 30, 

2004, Arizona Business 

Gazette.

The Honorable Elaine M. Scruggs, 

Mayor, City of Glendale, 5850 West 

Glendale Avenue, Glendale, Arizona 85301.

Dec. 30, 2004 ...... 040045 

Maricopa ........ City of Glendale 

(04–09–0318P).

Sept. 23, 2004, Sept. 30, 

2004, Arizona Business 

Gazette.

The Honorable Elaine M. Scruggs, 

Mayor, City of Glendale, 5850 West 

Glendale Avenue, Glendale, Arizona 85301.

Dec. 30, 2004 ...... 040045 

Maricopa ........ City of Goodyear 

(03–09–1653P).

Sept. 23, 2004, Sept. 30, 

2004, Arizona Business 

Gazette.

The Honorable James M. 

Cavanaugh, Mayor, City of Goodyear, 190 North Litchfield Road, 

Goodyear, Arizona 85338.

Dec. 30, 2004 ...... 040046 

Federal Register / Vol. 69, No. 237 / Friday, December 10, 2004 / Rules and Regulations 71719

State and county Location and case 

No. 

Date and name of newspaper where notice was 

published 

Chief executive officer of community Effective date of

modification 

Community 

No. 

Maricopa ........ City of Goodyear 

(04–09–0318P).

Sept. 23, 2004, Sept. 30, 

2004, Arizona Business 

Gazette.

The Honorable James M. 

Cavanaugh, Mayor, City of Goodyear, 190 North Litchfield Road, 

Goodyear, Arizona 85338.

Dec. 30, 2004 ...... 040046 

Maricopa ........ City of Litchfield 

Park (03–09–

1653P).

Sept. 23, 2004, Sept. 30, 

2004, Arizona Business 

Gazette.

The Honorable J. Woodfin ‘‘Woody’’

Thomas, Mayor, City of Litchfield 

Park, 214 West Wigwam Boulevard, Litchfield Park, Arizona 85340.

Dec. 30, 2004 ...... 040128 

Maricopa ........ City of Peoria (04–

09–0960P).

Aug. 12, 2004, Aug. 19, 

2004, Arizona Business 

Gazette.

The Honorable John Keegan, Mayor, 

City of Peoria, Municipal Complex, 

8401 West Monroe Street, Peoria, 

Arizona 85345.

Nov. 18, 2004 ...... 040050 

Maricopa ........ City of Phoenix 

(04–09–0716P).

July 1, 2004, July 8, 2004, 

Arizona Business Gazette.

The Honorable Phil Gordon, Mayor, 

City of Phoenix, 200 West Washington Street, 11th Floor, Phoenix, 

Arizona 85003–1611.

June 22, 2004 ...... 040051 

Maricopa ........ Unincorporated 

Areas (03–09–

1653P).

Sept. 23, 2004, Sept. 30, 

2004, Arizona Business 

Gazette.

The Honorable Andrew W. Kunasek, 

Chairman, Maricopa County Board 

of Supervisors, 301 West Jefferson 

Street, 10th Floor, Phoenix, Arizona 

85003.

Dec. 30, 2004 ...... 040037 

Maricopa ........ Unincorporated 

Areas (04–09–

0318P).

Sept. 23, 2004, Sept. 30, 

2004, Arizona Business 

Gazette.

The Honorable Andrew W. Kunasek, 

Chairman, Maricopa County Board 

of Supervisors, 301 West Jefferson 

Street, 10th Floor, Phoenix, Arizona 

85003.

Dec. 30, 2004 ...... 040037 

Pima ............... City of Tucson 

(04–09–0621P).

July 29, 2004, Aug. 5, 

2004, Daily Territorial.

The Honorable Bob Walkup, Mayor, 

City of Tucson, 255 West Alameda 

Street, Tucson, Arizona 85701.

Nov. 4, 2004 ........ 040076 

Pima ............... Unincorporated 

Areas (04–09–

0621P).

July 29, 2004, Aug. 5, 

2004, Daily Territorial.

The Honorable Sharon Bronson, 

Chair, Pima County Board of Supervisors, 130 West Congress 

Street, 11th Floor, Tucson, Arizona 

85701.

Nov. 4, 2004 ........ 040073 

Yavapai .......... Town of Prescott 

Valley (03–09–

1663P).

July 8, 2004, July 15, 

2004, Prescott Daily 

Courier.

The Honorable Richard Killingsworth, 

Mayor, Town of Prescott Valley, 

7501 East Civic Circle, Prescott 

Valley, Arizona 86314.

Oct. 14, 2004 ....... 040121 

Yavapai .......... Unincorporated 

Areas (04–09–

0725P).

July 22, 2004, July 29, 

2004, Prescott Daily 

Courier.

The Honorable Lorna Street, Chairman, Yavapai County Board of Supervisors, 1015 Fair Street, Room 

310, Prescott, Arizona 86301.

Oct. 28, 2004 ....... 040093 

California: 

Contra Costa City of Clayton 

(04–09–0463P).

Aug. 26, 2004, Sept. 2, 

2004, Contra Costa 

Times.

The Honorable Peter Laurence, 

Mayor, City of Clayton, 6000 Heritage Trail, Clayton, California 

94517–0280.

Dec. 2, 2004 ........ 060027 

Contra Costa City of Concord 

(04–09–0463P).

Aug. 26, 2004, Sept. 2, 

2004, Contra Costa 

Times.

The Honorable Mark Peterson, 

Mayor, City of Concord, Concord 

City Hall, 1950 Parkside Drive, 

Concord, California 94519.

Dec. 2, 2004 ........ 065022 

Kern ............... Unincorporated 

Areas (04–09–

0755P).

Aug. 26, 2004, Sept. 2, 

2004, Bakersfield Californian.

Mr. John McQuiston, Chairman, Kern 

County Board of Supervisors, 1115 

Truxtun Avenue, Fifth Floor, Bakersfield, California 93301.

July 23, 2004 ....... 060075 

Riverside ........ City of Corona 

(04–09–0832P).

July 22, 2004, July 29, 

2004, Press Enterprise.

The Honorable Jeff Miller, Mayor, City 

of Corona, 815 West Sixth Street, 

Corona, California 92882.

Oct. 28, 2004 ....... 060250 

Sacramento ... Unincorporated 

Areas (04–09–

0420P).

Oct. 7, 2004, Oct. 14, 

2004, Daily Recorder.

The Honorable Muriel Johnson, 

Chair, Sacramento County Board of 

Supervisors, 700 H Street, Suite 

2450, Sacramento, California 

95814.

Jan. 13, 2005 ....... 060262 

San Diego ...... City of National 

City (04–09–

0905P).

July 29, 2004, Aug. 5, 

2004, San Diego 

Union—Tribune.

The Honorable Nick Inzunza, Mayor, 

City of National City, National City 

Civic Center, 1243 National City 

Boulevard, National City, California 

91950.

Nov. 4, 2004 ........ 060293 

San Diego ...... San City of Vista 

(03–09–1498P).

Aug. 19, 2004, Aug. 26, 

2004, North County 

Times.

The Honorable Morris Vance, Mayor, 

City of Vista, P.O. Box 1988, Vista, 

California 92085.

Nov. 26, 2004 ...... 060297 

71720 Federal Register / Vol. 69, No. 237 / Friday, December 10, 2004 / Rules and Regulations 

State and county Location and case 

No. 

Date and name of newspaper where notice was 

published 

Chief executive officer of community Effective date of

modification 

Community 

No. 

Santa Barbara Unincorporated 

Areas (03–09–

1650P).

Sept. 2, 2004, Sept. 9, 

2004, Santa Barbara 

News-Press.

The Honorable Joseph Centeno, 

Chair, Santa Barbara County Board 

of Supervisors, 511 East Lakeside 

Parkway, Suite 141, Santa Maria, 

California 93455.

Dec. 9, 2004 ........ 060331 

Santa Clara .... City of San Jose 

(04–09–0959P).

Aug. 5, 2004, Aug. 12, 

2004, San Jose Mercury News.

The Honorable Ron Gonzales, Mayor, 

City of San Jose, 801 North First 

Street, San Jose, California 95110.

Nov. 12, 2004 ...... 060349 

Ventura .......... City of Simi Valley 

(04–09–0054P).

Oct. 14, 2004, Oct. 21, 

2004, Ventura County 

Star.

The Honorable William Davis, Mayor, 

City of Simi Valley, 2929 Tapo 

Canyon Road, Simi Valley, California 93063–2199.

Jan. 20, 2005 ....... 060421 

Colorado: 

Boulder .......... City of Longmont 

(03–08–0580P).

July 1, 2004, July 8, 2004, 

Daily Times Call.

The Honorable Julia Pirmack, Mayor, 

City of Longmont, 350 Kimbark 

Street, Longmont, Colorado 80501.

Oct. 7, 2004 ......... 080027 

Boulder .......... City of Longmont 

(04–08–0463P).

Sept. 23, 2004, Sept. 30, 

2004, Longmont Daily 

Times Call.

The Honorable Julia Pirmack, Mayor, 

City of Longmont, 350 Kimbark 

Street, Longmont, Colorado 80501.

Dec. 16, 2004 ...... 080027 

Boulder .......... Unincorporated 

Areas (03–08–

0580P).

July 1, 2004, July 8, 2004, 

Daily Times Call.

The Honorable Paul Danish, Chairman, Boulder County Board of 

Commissioners, P.O. Box 471, 

Boulder, Colorado 80306.

Oct. 7, 2004 ......... 080023 

El Paso .......... City of Colorado 

Springs (03–08–

0689P).

July 1, 2004, July 8, 2004, 

The Gazette.

The Honorable Lionel Rivera, Mayor, 

City of Colorado Springs, P.O. Box 

1575, Colorado Springs, Colorado 

80901.

Oct. 7, 2004 ......... 080060 

El Paso .......... City of Colorado 

Springs (04–08–

0434P).

Aug. 26, 2004, Sept. 2, 

2004, The Gazette.

The Honorable Lionel Rivera, Mayor, 

City of Colorado Springs, P.O. Box 

1575, Colorado Springs, Colorado 

80901.

Dec. 2, 2004 ........ 080060 

El Paso .......... City of Colorado 

Springs (04–08–

0314P).

Sept. 23, 2004, Sept. 30, 

2004, The Gazette.

The Honorable Lionel Rivera, Mayor, 

City of Colorado Springs, P.O. Box 

1575, Colorado Springs, Colorado 

80901.

Dec. 30, 2004 ...... 080060 

El Paso .......... Unincorporated 

Areas (03–08–

0689P).

July 1, 2004, July 8, 2004, 

The Gazette.

The Honorable Chuck Brown, Chair, 

El Paso County Board of Commissioners, 27 East Vermijo Avenue, 

Colorado Springs, Colorado 

80903–2203.

Oct. 7, 2004 ......... 080059 

El Paso .......... Unincorporated 

Areas (03–08–

0062P).

Aug. 11, 2004, Aug. 18, 

2004, El Paso County 

News.

The Honorable Chuck Brown, Chair, 

El Paso County Board of Commissioners, 27 East Vermijo Avenue, 

Colorado Springs, Colorado 

80903–2203.

Nov. 18, 2004 ...... 080059 

El Paso .......... Unincorporated 

Areas (04–08–

0114P).

Sept. 22, 2004, Sept. 29, 

2004, El Paso County 

News.

The Honorable Chuck Brown, Chair, 

El Paso County Board of Commissioners, 27 East Vermijo Avenue, 

Colorado Springs, Colorado 

80903–2203.

Dec. 29, 2004 ...... 080059 

Summit ........... Town of 

Breckenridge 

(04–08–0049P).

July 9, 2004, July 16, 

2004, Summit County 

Journal.

The Honorable Ernie Blake, Mayor, 

Town of Breckenridge, 150 Ski Hill 

Road, Breckenridge, Colorado 

80424.

Oct. 15, 2004 ....... 080172 

Summit ........... Unincorporated 

Areas (02–08–

0102P).

July 16, 2004, July 23, 

2004, Summit County 

Journal.

The Honorable Bill Wallace, Chairman, Summit County Board of 

Commissioners, County Courthouse, P.O. Box 68, Breckenridge, 

Colorado 80424.

Oct. 22, 2004 ....... 080290 

Weld ............... Town of Firestone 

(04–08–0410P).

Oct. 6, 2004, Oct. 13, 

2004, Farmer and Miner.

The Honorable Michael Simone, 

Mayor, Town of Firestone, 151 

Grant Avenue, Firestone, Colorado 

80520.

Jan. 12, 2005 ....... 080241 

Weld ............... Town of Frederick 

(04–08–0410P).

Oct. 6, 2004, Oct. 13, 

2004, Farmer and Miner.

The Honorable Eric Doering, Mayor, 

Town of Frederick, 401 Locust 

Street, Frederick, Colorado 80530.

Jan. 12, 2005 ....... 080244 

Weld ............... Unincorporated 

Areas (04–08–

0410P).

Oct. 6, 2004, Oct. 13, 

2004, Farmer and Miner.

The Honorable Robert D. Masden, 

Chair, Weld County Board of Commissioners, P.O. Box 758, Greeley, 

Colorado 80632.

Jan. 12, 2005 ....... 080266 

Federal Register / Vol. 69, No. 237 / Friday, December 10, 2004 / Rules and Regulations 71721

State and county Location and case 

No. 

Date and name of newspaper where notice was 

published 

Chief executive officer of community Effective date of

modification 

Community 

No. 

Florida: Sarasota .. City of Sarasota 

(04–04–A194P).

July 15, 2004, July 22, 

2004, Sarasota HeraldTribune.

Mr. Michael A. McNees, City Manager, City of Sarasota, 1565 First 

Street, Sarasota, Florida 34236.

June 24, 2004 ...... 125150 

Idaho: 

Ada ................ Unincorporated 

Areas (04–10–

0213P).

Aug. 19, 2004, Aug. 26, 

2004, Idaho Statesman.

The Honorable Judy Peavey-Derr, 

Chairman, Ada County Board of 

Commissioners, County Courthouse, 200 West Front Street, 

Boise, Idaho 83702.

Nov. 26, 2004 ...... 160001 

Ada ................ Unincorporated 

Areas (04–10–

0379P).

Sept. 2, 2004, Sept. 9, 

2004, Idaho Statesman.

The Honorable Judy Peavey-Derr, 

Chairman, Ada County Board of 

Commissioners, County Courthouse, 200 West Front Street, 

Boise, Idaho 83702.

Dec. 9, 2004 ........ 160001 

Montana: 

Missoula ......... City of Missoula 

(04–08–0371P).

Aug. 26, 2004, Sept. 2, 

2004, The Missoulian.

The Honorable Mike Kadas, Mayor, 

City of Missoula, 435 Ryman 

Street, Missoula, Montana 59802.

July 23, 2004 ....... 300049 

Missoula ......... Unincorporated 

Areas (04–08–

0371P).

August 26, 2004, September 2, 2004, The 

Missoulian.

The Honorable Barbara Evans, Chairman, Missoula County Board of 

Commissioners, 200 West Broadway, Missoula, Montana 59802.

July 23, 2004 ....... 300048 

Nevada: Elko ........ City of Elko (02–

09–1203P).

July 22, 2004, July 29, 

2004, Elko Daily Free 

Press.

The Honorable Michael J. Franzoia, 

Mayor, City of Elko, 1751 College 

Avenue, Elko, Nevada 89801.

Oct. 28, 2004 ....... 320010 

Utah: Salt Lake ..... City of South Jordan (04–08–

0379P).

Sept. 2, 2004, Sept. 9, 

2004, Salt Lake Tribune.

The Honorable W. Kent Money, 

Mayor, City of South Jordan, 1600 

West Towne Center Drive, South 

Jordan, Utah 84095.

Dec. 9, 2004 ........ 490107

(Catalog of Federal Domestic Assistance No. 

83.100, ‘‘Flood Insurance’’)

Dated: December 1, 2004. 

David I. Maurstad, 

Acting Director, Mitigation Division, 

Emergency Preparedness and Response 

Directorate.

[FR Doc. 04–27132 Filed 12–9–04; 8:45 am] 

BILLING CODE 9110–12–P

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

Final Flood Elevation Determinations

AGENCY: Federal Emergency 

Management Agency (FEMA), 

Emergency Preparedness and Response 

Directorate, Department of Homeland 

Security.

ACTION: Final rule.

SUMMARY: Base (1% annual-chance) 

Flood Elevations (BFEs) and modified 

BFEs are made final for the 

communities listed below. The BFEs 

and modified BFEs are the basis for the 

floodplain management measures that 

each community is required either to 

adopt or to show evidence of being 

already in effect in order to qualify or 

remain qualified for participation in the 

National Flood Insurance Program 

(NFIP).

DATES: Effective Date: The date of 

issuance of the Flood Insurance Rate 

Map (FIRM) showing BFEs and 

modified BFEs for each community. 

This date may be obtained by contacting 

the office where the FIRM is available 

for inspection as indicated in the table 

below.

ADDRESSES: The final BFEs 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 

table below.

FOR FURTHER INFORMATION CONTACT:

Doug Bellomo, P.E., Hazard 

Identification Section, Emergency 

Preparedness and Response Directorate, 

Federal Emergency Management 

Agency, 500 C Street, SW., Washington, 

DC 20472, (202) 646–2903.

SUPPLEMENTARY INFORMATION: FEMA 

makes the final determinations listed 

below of BFEs and modified BFEs for 

each community listed. The proposed 

BFEs and proposed modified BFEs were 

published in newspapers of local 

circulation and an opportunity for the 

community or individuals to appeal the 

proposed determinations to or through 

the community was provided for a 

period of ninety (90) days. The 

proposed BFEs and proposed modified 

BFEs were also published in the Federal 

Register. 

This final rule is issued in accordance 

with section 110 of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 4104, 

and 44 CFR part 67. 

FEMA has developed criteria for 

floodplain management in floodprone 

areas in accordance with 44 CFR part 

60. 

Interested lessees and owners of real 

property are encouraged to review the 

proof Flood Insurance Study and FIRM 

available at the address cited below for 

each community. 

The BFEs and modified BFEs are 

made final in the communities listed 

below. Elevations at selected locations 

in each community are shown. 

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 

Mitigation Division Director of the 

Emergency Preparedness and Response 

Directorate certifies that this rule is 

exempt from the requirements of the 

Regulatory Flexibility Act because final 

or modified BFEs are required by the 

Flood Disaster Protection Act of 1973, 

42 U.S.C. 4104, and are required to 

establish and maintain community