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16730 Federal Register / Vol. 70, No.

62 / Friday, April 1, 2005 / Rules and Regulations

DEPARTMENT OF HOMELAND Identification Section, Mitigation Environmental Consideration. No


SECURITY Division, Emergency Preparedness and environmental impact assessment has
Response Directorate, FEMA, 500 C been prepared.
Federal Emergency Management Street, SW., Washington, DC 20472, Regulatory Flexibility Act. The
Agency (202) 646–2903. Mitigation Division Director for the
SUPPLEMENTARY INFORMATION: The Emergency Preparedness and Response
44 CFR Part 65 modified BFEs are not listed for each Directorate certifies that this rule is
[Docket No. FEMA–B–7451] community in this interim rule. exempt from the requirements of the
However, the address of the Chief Regulatory Flexibility Act because
Changes in Flood Elevation Executive Officer of the community modified BFEs are required by the Flood
Determinations where the modified BFE determinations Disaster Protection Act of 1973, 42
are available for inspection is provided. U.S.C. 4105, and are required to
AGENCY: Federal Emergency Any request for reconsideration must maintain community eligibility in the
Management Agency (FEMA), be based on knowledge of changed NFIP. No regulatory flexibility analysis
Emergency Preparedness and Response conditions or new scientific or technical has been prepared.
Directorate, Department of Homeland data. Regulatory Classification. This
Security. The modifications are made pursuant interim rule is not a significant
ACTION: Interim rule. to section 201 of the Flood Disaster regulatory action under the criteria of
Protection Act of 1973, 42 U.S.C. 4105, section 3(f) of Executive Order 12866 of
SUMMARY: This interim rule lists and are in accordance with the National September 30, 1993, Regulatory
communities where modification of the Flood Insurance Act of 1968, 42 U.S.C. Planning and Review, 58 FR 51735.
Base (1% annual-chance) Flood 4001 et seq., and with 44 CFR part 65.
For rating purposes, the currently Executive Order 12612, Federalism.
Elevations (BFEs) is appropriate because
effective community number is shown This rule involves no policies that have
of new scientific or technical data. New
and must be used for all new policies federalism implications under Executive
flood insurance premium rates will be
and renewals. Order 12612, Federalism, dated October
calculated from the modified BFEs for
The modified BFEs are the basis for 26, 1987.
new buildings and their contents.
the floodplain management measures Executive Order 12778, Civil Justice
DATES: These modified BFEs are
that the community is required to either Reform. This rule meets the applicable
currently in effect on the dates listed in standards of section 2(b)(2) of Executive
the table below and revise the Flood adopt or to show evidence of being
already in effect in order to qualify or Order 12778.
Insurance Rate Maps in effect prior to
this determination for the listed to remain qualified for participation in List of Subjects in 44 CFR Part 65
communities. the National Flood Insurance Program
(NFIP). Flood insurance, Floodplains,
From the date of the second Reporting and recordkeeping
publication of these changes in a These modified BFEs, together with
the floodplain management criteria requirements.
newspaper of local circulation, any
person has ninety (90) days in which to required by 44 CFR 60.3, are the ■ Accordingly, 44 CFR part 65 is
request through the community that the minimum that are required. They amended to read as follows:
Mitigation Division Director for the should not be construed to mean that
the community must change any PART 65—[AMENDED]
Emergency Preparedness and Response
Directorate reconsider the changes. The existing ordinances that are more
stringent in their floodplain ■ 1. The authority citation for part 65
modified BFEs may be changed during continues to read as follows:
the 90-day period. management requirements. The
community may at any time enact Authority: 42 U.S.C. 4001 et seq.;
ADDRESSES: The modified BFEs for each stricter requirements of its own, or Reorganization Plan No. 3 of 1978, 3 CFR,
community are available for inspection pursuant to policies established by the 1978 Comp., p. 329; E.O. 12127, 44 FR 19367,
at the office of the Chief Executive other Federal, State, or regional entities. 3 CFR, 1979 Comp., p. 376.
Officer of each community. The The changes BFEs are in accordance
respective addresses are listed in the § 65.4 [Amended]
with 44 CFR 65.4.
table below. National Environmental Policy Act. ■ 2. The tables published under the
FOR FURTHER INFORMATION CONTACT: This rule is categorically excluded from authority of § 65.4 are amended as
Doug Bellomo, P.E. Hazard the requirements of 44 CFR part 10, follows:

Date and name of


Location and Chief executive officer of Effective date of Community
State and county newspaper where notice
case No. community modification No.
was published

Arizona:
Maricopa ...... City of Avondale January 6, 2005, Janu- The Honorable Ronald J. Drake, December 21, 2004 ... 040038
(04–09–0552P). ary 13, 2005, Arizona Mayor, City of Avondale, 525
Republic. North Central Avenue, Avondale,
Arizona 85323.
Maricopa ...... Town of Carefree December 23, 2004, The Honorable Edward C. Morgan, November 24, 2004 .. 040126
(04–09–1301P). December 30, 2004, Mayor, Town of Carefree, P.O.
Arizona Business Ga- Box 740, Carefree, Arizona
zette. 85377.
Maricopa ...... City of Goodyear December 2, 2004, De- The Honorable James M. March 10, 2005 ......... 040046
(04–09–1512P). cember 9, 2004, Ari- Cavanaugh, Mayor, City of
zona Business Ga- Goodyear, 190 North Litchfield
zette. Road, Goodyear, Arizona 85338.

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Federal Register / Vol. 70, No. 62 / Friday, April 1, 2005 / Rules and Regulations 16731

Date and name of


Location and Chief executive officer of Effective date of Community
State and county newspaper where notice
case No. community modification No.
was published

Maricopa ...... City of Phoenix December 2, 2004, De- The Honorable Phil Gordon, March 10, 2005 ......... 040051
(03–09–0448P). cember 9, 2004, Ari- Mayor, City of Phoenix, 200
zona Business Ga- West Washington Street, 11th
zette. Floor, Phoenix, Arizona 85003–
1611.
Maricopa ...... City of Phoenix December 23, 2004, The Honorable Phil Gordon, March 30, 2005 ......... 040051
(04–09–0381P). December 30, 2004, Mayor, City of Phoenix, 200
Arizona Business Ga- West Washington Street, 11th
zette. Floor, Phoenix, Arizona 85003–
1611.
Maricopa ...... City of Scottsdale December 23, 2004, The Honorable Mary Manross, November 24, 2004 ... 045012
(04–09–1301P). December 30, 2004, Mayor, City of Scottsdale, 3939
Arizona Business Ga- North Drinkwater Boulevard,
zette. Scottsdale, Arizona 85251.
Maricopa ...... Unincorporated October 21, 2004, Octo- The Honorable Andrew W. October 12, 2004 ...... 040037
Areas (03–09– ber 28, 2004, Arizona Kunasek, Chairman, Maricopa
1190P). Business Gazette. County Board of Supervisors,
301 West Jefferson Street, 10th
Floor, Phoenix, Arizona 85003.
Maricopa ...... Unincorporated January 6, 2005, Janu- The Honorable Andrew W. December 21, 2004 .. 040037
Areas (04–09– ary 13, 2005, Arizona Kunasek, Chairman, Maricopa
0552P). Republic. County Board of Supervisors,
301 West Jefferson Street, 10th
Floor Phoenix, Arizona 85003.
Pima ............. Town of Marana December 2, 2004, De- The Honorable Bobby Sutton, Jr., March 10, 2005 ......... 040118
(03–09–1071P). cember 9, 2004, Tuc- Mayor, Town of Marana, 13251
son Citizen. North Lon Adams Road,
Marana, Arizona 85653.
Pima ............. Town of Marana December 16, 2004, The Honorable Bobby Sutton, Jr., March 23, 2005 ......... 040118
(04–09–0697P). December 23, 2004, Mayor, Town of Marana, 13251
Daily Territorial. North Lon Adams Road,
Marana, Arizona 85653.
Pima ............. Unincorporated December 2, 2004, De- The Honorable Sharon Bronson, March 10, 2005 ......... 040073
Areas (03–09– cember 9, 2004, Tuc- Chair, Pima County Board of
1071P). son Citizen. Supervisors, 130 West Congress
Street, 11th Floor, Tucson, Ari-
zona 85701.
Pima ............. Unincorporated November 10, 2004, The Honorable Sharon Bronson, October 26, 2004 ...... 040073
Areas (03–09– November 18, 2004, Chair, Pima County Board of
1300P). Daily Territorial. Supervisors, 130 West Congress
Street, 11th Floor, Tucson, Ari-
zona 85701.
Pinal ............. Unincorporated December 1, 2004, De- The Honorable Lionel D. Ruiz, March 10, 2005 ......... 040077
Areas (03–09– cember 8, 2004, Cop- Chairman, Pinal County Board
1071P). per Basin News. of Supervisors, P.O. Box 827,
Florence, Arizona 85232.
Yuma ............ Unincorporated December 23, 2004, The Honorable Lucy Shipp, Chair- March 30, 2005 ......... 040099
Areas of (04– December 30, 2004, man, Yuma County Board of Su-
09–0557P). Yuma Sun. pervisors, 198 South Main
Street, Yuma, Arizona 85364.
California:
Butte ............. City of Chico December 23, 2004, The Honorable Maureen Kirk, March 31, 2005 ......... 060746
(04–09–0415P). December 30, 2004, Mayor, City of Chico, P.O. Box
Chico Enterprise- 3420, Chico, California 95927.
Record.
Butte ............. Unincorporated December 23, 2004, The Honorable Robert J. Beeler, March 31, 2005 ......... 060017
Areas (04–09– December 30, 2004, Chairman, Butte County Board
0415P). Chico Enterprise- of Supervisors, Butte County Ad-
Record. ministration Center, 25 County
Center Drive, Oroville, California
95965.
Los Angeles City of Palmdale December 2, 2004, De- The Honorable James C. Ledford, March 10, 2005, ........ 060144
(04–09–1388P). cember 9, 2004, Los Jr., Mayor, City of Palmdale,
Angeles Times. 38300 North Sierra Highway,
Palmdale, California 93550–
4798.
Los Angeles Unincorporated December 2, 2004, De- The Honorable Don Knabe, Chair- March 10, 2005 ......... 065043
Areas (04–09– cember 9, 2004, Los man, Los Angeles County Board
1388P). Angeles Times. of Supervisors, 500 West Tem-
ple Street, Room 866, Los An-
geles, California 90012.

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16732 Federal Register / Vol. 70, No. 62 / Friday, April 1, 2005 / Rules and Regulations

Date and name of


Location and Chief executive officer of Effective date of Community
State and county newspaper where notice
case No. community modification No.
was published

San Diego .... City of Poway January 27, 2005, Feb- The Honorable Mickey Cafagna, May 5, 2005 .............. 060702
(03–09–1583P). ruary 3, 2005, Poway Mayor, City of Poway, P.O. Box
News Chieftain. 789, Poway, California 92074–
0789.
San Diego .... City of San Diego November 4, 2004, No- The Honorable Dick Murphy, February 10, 2005 ..... 060295
(04–09–1311P). vember 11, 2004, San Mayor, City of San Diego, 202 C
Diego Daily Transcript. Street, 11th Floor, San Diego,
California 92101.
Colorado:
Boulder ......... City of Boulder November 10, 2004, The Honorable William R. Toor, November 1, 2004 .... 080024
(04–08–0494P). November 17, 2004, Mayor, City of Boulder, P.O. Box
Boulder Daily Camera. 791, Boulder, Colorado 80306.
Boulder ......... Unincorporated November 10, 2004, The Honorable Paul Danish, Chair- November 1, 2004 ..... 080023
Areas (04–08– November 17, 2004, man, Boulder County Board of
0494P). Boulder Daily Camera. Commissioners, P.O. Box 471,
Boulder, Colorado 80306.
El Paso ......... Unincorporated November 10, 2004, The Honorable Chuck Brown, February 16, 2005 ..... 080059
Areas (04–08– November 17, 2004, Chair, El Paso County Board of
0587P). El Paso County News. Commissioners, 27 East Vermijo
Avenue, Colorado Springs, Colo-
rado 80903–2208.
El Paso ......... Unincorporated January 19, 2005, Janu- The Honorable Chuck Brown, April 27, 2005 ............ 080059
Areas (04–08– ary 26, 2005, El Paso Chair, El Paso County Board of
0427P). County News. Commissioners, 27 East Vermijo
Avenue, Colorado Springs, Colo-
rado 80903–2208.
Weld ............. Town of Windsor November 26, 2004, The Honorable Edward Starck, March 4, 2005 ........... 080264
(04–08–0430P). December 3, 2004, Mayor, Town of Windsor, 301
Windsor Daily Tribune. Walnut Street, Windsor, Colo-
rado 80550.
Iowa:
Linn .............. City of Cedar October 14, 2004, Octo- The Honorable Paul D. Pate, September 21, 2004 190187
Rapids (04– ber 21, 2004, Cedar Mayor, City of Cedar Rapids,
07–A097P). Rapids Gazette. City Hall, Third Floor, 50 Second
Avenue Bridge, Cedar Rapids,
Iowa 52401.
Linn .............. City of Marion October 14, 2004, Octo- The Honorable John Nieland, September 21, 2004 .. 190191
(04–07– ber 21, 2004, Cedar Mayor, City of Marion, 1100
A097P). Rapids Gazette. Eighth Avenue, Marion, Iowa
52302.
Nebraska:
Hall ............... City of Grand Is- November 4, 2004, No- The Honorable Jay Vavricek, October 19, 2004 ...... 310103
land (04–07– vember 11, 2004, Mayor, City of Grand Island,
A319P). Grand Island Inde- P.O. Box 1968, Grand Island,
pendent. Nebraska 68802.
Hall ............... Unincorporated November 4, 2004, No- The Honorable Pamela E. Lan- October 19, 2004 ...... 310100
Areas (04–07– vember 11, 2004, caster, Chair, Hall County Board
A319P). Grand Island Inde- of Supervisors, 2809 Apache
pendent. Road, Grand Island, Nebraska
68801.
Nevada: Nye ....... Unincorporated November 4, 2004, No- The Honorable Henry Neth, Chair- November 8, 2004 .... 320018
Areas (04–09– vember 11, 2004, man, Nye County Board of Com-
0133P). Tonopah Times Bo- missioners, P.O. Box 153,
nanza and Goldfield Tonopah, Nevada 89049.
News.
Ohio: Fairfield ...... Unincorporated December 9, 2004, De- The Honorable Judith K. Shupe, March 17, 2005 ......... 390158
Areas (04–05– cember 16, 2004, Fairfield County Commissioner,
A672P). Lancaster Eagle-Ga- County Courthouse, 210 East
zette. Main Street, Lancaster, Ohio
43130.
Texas:
Midland ......... City of Midland January 20, 2005, Janu- The Honorable Michael J. Canon, January 4, 2005 ........ 480477
(04–06– ary 27, 2005, Midland Mayor, City of Midland, 300
A290P). Reporter Telegram. North Loraine, Midland, Texas
79701.
Dallas ........... City of Richard- December 23, 2004, The Honorable Gary Slagel, March 30, 2005 ......... 480184
son (04–06– December 30, 2004, Mayor, City of Richardson, 411
A201P). Dallas Morning News. West Arapaho Road, Richard-
son, Texas 75083.

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Federal Register / Vol. 70, No. 62 / Friday, April 1, 2005 / Rules and Regulations 16733

Date and name of


Location and Chief executive officer of Effective date of Community
State and county newspaper where notice
case No. community modification No.
was published

Washington: King City of Issaquah November 17, 2004, The Honorable Ava Frisinger, February 23, 2005 ..... 530079
(03–10–0465P). November 24, 2004, Mayor, City of Issaquah, P.O.
Issaquah Press. Box 1307, Issaquah, Wash-
ington 98027.
Wisconsin: Dodge Unincorporated December 2, 2004, De- The Honorable Russell Kottke, March 10, 2005 ......... 550094
Areas (04–05– cember 9, 2004, Chairman, Dodge County Board
A339P). Dodge County Inde- of Supervisors, W8542 Laurel
pendent News. Hill Road, Fox Lake, Wisconsin
53933.

(Catalog of Federal Domestic Assistance No. at the office of the Chief Executive The changes in BFEs are in
83.100, ‘‘Flood Insurance.’’) Officer of each community. The accordance with 44 CFR 65.4.
Dated: March 5, 2005. respective addresses are listed in the
National Environmental Policy Act
David I. Maurstad, table below.
Acting Director, Mitigation Division, FOR FURTHER INFORMATION CONTACT:
This rule is categorically excluded
Emergency Preparedness and Response
Doug Bellomo, P.E., Hazard from the requirements of 44 CFR part
Directorate. 10, Environmental Consideration. No
Identification Section, Emergency
[FR Doc. 05–6431 Filed 3–31–05; 8:45 am]
Preparedness and Response Directorate, environmental impact assessment has
BILLING CODE 9110–12–P
Federal Emergency Management been prepared.
Agency, 500 C Street, SW., Washington, Regulatory Flexibility Act
DC 20472, (202) 646–2903.
DEPARTMENT OF HOMELAND The Mitigation Division Director of
SECURITY SUPPLEMENTARY INFORMATION: The the Emergency Preparedness and
modified BFEs are not listed for each Response Directorate certifies that this
Federal Emergency Management community in this interim rule. rule is exempt from the requirements of
Agency However, the address of the Chief the Regulatory Flexibility Act because
Executive Officer of the community modified base flood elevations are
44 CFR Part 65 where the modified BFE determinations required by the Flood Disaster
[Docket No. FEMA–P–7642] are available for inspection is provided. Protection Act of 1973, 42 U.S.C. 4105,
Any request for reconsideration must and are required to maintain community
Changes in Flood Elevation be based on knowledge of changed eligibility in the NFIP. No regulatory
Determinations conditions or new scientific or technical flexibility analysis has been prepared.
data.
AGENCY: Federal Emergency Regulatory Classification
Management Agency, Emergency The modifications are made pursuant
to Section 201 of the Flood Disaster This interim rule is not a significant
Preparedness and Response Directorate, regulatory action under the criteria of
Department of Homeland Security. Protection Act of 1973, 42 U.S.C. 4105,
and are in accordance with the National Section 3(f) of Executive Order 12866 of
ACTION: Interim rule. September 30, 1993, Regulatory
Flood Insurance Act of 1968, 42 U.S.C.
SUMMARY: This interim rule lists 4001 et seq., and with 44 CFR part 65. Planning and Review, 58 FR 51735.
communities where modification of the For rating purposes, the currently Executive Order 12612, Federalism
Base (1% annual-chance) Flood effective community number is shown
Elevations (BFEs) is appropriate because and must be used for all new policies This rule involves no policies that
of new scientific or technical data. New and renewals. have federalism implications under
flood insurance premium rates will be Executive Order 12612, Federalism,
The modified BFEs are the basis for
calculated from the modified BFEs for dated October 26, 1987.
the floodplain management measures
new buildings and their contents. that the community is required to either Executive Order 12778, Civil Justice
DATES: These modified BFEs are adopt or to show evidence of being Reform
currently in effect on the dates listed in already in effect in order to qualify or This rule meets the applicable
the table below and revise the Flood to remain qualified for participation in standards of Section 2(b)(2) of Executive
Insurance Rate Map(s) in effect prior to the National Flood Insurance Program Order 12778.
this determination for the listed (NFIP).
communities. These modified BFEs, together with List of Subjects in 44 CFR Part 65
From the date of the second the floodplain management criteria Flood insurance, Floodplains,
publication of these changes in a required by 44 CFR 60.3, are the Reporting and recordkeeping
newspaper of local circulation, any minimum that are required. They requirements.
person has ninety (90) days in which to should not be construed to mean that ■ Accordingly, 44 CFR part 65 is
request through the community that the the community must change any amended to read as follows:
Mitigation Division Director of the existing ordinances that are more
Emergency Preparedness and Response stringent in their floodplain PART 65—[AMENDED]
Directorate reconsider the changes. The management requirements. The
modified BFEs may be changed during community may at any time enact ■ 1. The authority citation for part 65
the 90-day period. stricter requirements of its own, or continues to read as follows:
ADDRESSES: The modified BFEs for each pursuant to policies established by other Authority: 42 U.S.C. 4001 et seq.;
community are available for inspection Federal, State, or regional entities. Reorganization Plan No. 3 of 1978, 3 CFR,

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