[Federal Register Volume 60, Number 95 (Wednesday, May 17, 1995)]
[Rules and Regulations]
[Pages 26367-26368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12126]



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FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 65

[Docket No. FEMA-7139]


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 (100-year) flood elevations is appropriate because of new 
scientific or technical data. New flood insurance premium rates will be 
calculated from the modified base (100-year) 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, 
Mitigation Directorate, reconsider the changes. The modified elevations 
may be changed during the 90-day period.

ADDRESSES: The modified base (100-year) 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: Michael K. Buckley, P.E., Chief, 
Hazard Identification Branch, Mitigation Directorate, 500 C Street, SW, 
Washington, DC 20472, (202) 646-2756.

SUPPLEMENTARY INFORMATION: The modified base (100-year) 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 (100-year) 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 (100-year) 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, Mitigation Directorate, certifies that this 
rule is exempt from the requirements of the Regulatory Flexibility Act 
because modified base (100-year) 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 newspaper       Chief executive officer of       Effective date of      Community
    State and county             Location            where notice was published                community                   modification           No.   
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California: Solano.....  City of Vacaville......  Mar. 23, 1995, Mar. 30, 1995,     The Honorable David A. Fleming,  Mar. 7, 1995...........      060373
                                                   The Reporter.                     Mayor, City of Vacaville, 650                                      
                                                                                     Merchant Street, Vacaville,                                        
                                                                                     California 95688.                                                  
Colorado: Douglas......  Town of Parker.........  Mar. 15, 1995, Mar. 22, 1995,     The Honorable Greg Lopez,        Feb. 21, 1995..........     080310 
                                                   Douglas County, News-Press.       Mayor, Town of Parker, 20120                                       
                                                                                     East Main Street, Parker,                                          
                                                                                     Colorado 80134.                                                    
[[Page 26368]]
                                                                                                                                                        
Montana: Flathead areas  Unincorporated areas...  Mar. 16, 1995, Mar.23, 1995,      The Honorable Sharon L.          Mar. 3, 1995...........      300023
                                                   Daily Inter Lake.                 Stratton Chairman, Flathead                                        
                                                                                     County, Board of                                                   
                                                                                     Commissioners, 800 South Main                                      
                                                                                     Street, Kalispell, Montana                                         
                                                                                     59901,.                                                            
Nevada: Independence...  City of Carson City....  Mar. 23, 1995, Mar. 30, 1995,     The Honorable Marv Teixeira,     Feb. 27, 1995..........      320001
                                                   Nevada Appeal.                    Mayor, City of Carson City,                                        
                                                                                     2621 Northgate Lane, Carson                                        
                                                                                     City, Nevada 89706.                                                
Texas: Dallas, Denton,   City of Dallas.........  Mar. 15, 1995, Mar. 22, 1995,     The Honorable Steve Bartlett,    Mar. 1, 1995...........      480171
 City of Dallas Collin,                            Daily Commercial Record.          Mayor, at Large, City of                                           
 Rockwall, and Kaufman.                                                              Dallas, 1500 Marilla, Office                                       
                                                                                     of the Mayor and City Council,                                     
                                                                                     5E North, Dallas, Texas 75201.                                     
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance.'')

    Dated: May 9, 1995.
Richard T. Moore,
Associate Director for Mitigation.
[FR Doc. 95-12126 Filed 5-16-95; 8:45 am]
BILLING CODE 6718-03-P