# [Amended]
**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 Oct. 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.
**44 CFR Part 65**
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.
**44 CFR Part 65**
§ 65.4
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: | | | | | |
| Gila | City of Globe (04-09-0928P) | Jun. 16, 2004, Jun. 23, 2004, | The Honorable Stanley Gibson, Mayor, City of Globe, 150 North Pine Street, Globe, Arizona 85501 | Sept. 22, 2004 | 040029 |
| Maricopa | City of Avondale (04-09-0311P) | Jun. 17, 2004, Jun. 24, 2004, | The Honorable Ronald J. Drake, Mayor, City of Avondale, 525 North Central Avenue, Avondale, Arizona 85323 | Sept. 23, 2004 | 040038 |
| Maricopa | Town of Buckeye (04-09-0585P) | Jun. 17, 2004, Jun. 24, 2004, | The Honorable Dusty Hull, Mayor, Town of Buckeye, 100 North Apache Road, Suite A, Buckeye, Arizona 85326 | May 27, 2004 | 040039 |
| Maricopa | Town of Buckeye (04-09-0544P) | Jun. 17, 2004, Jun. 24, 2004, | The Honorable Dusty Hull, Mayor, Town of Buckeye, 100 North Apache Road, Suite A, Buckeye, Arizona 85326 | May 27, 2004 | 040039 |
| Maricopa | City of Phoenix (02-09-290P) | Jun. 3, 2004, Jun. 10, 2004, | The Honorable Phil Gordon, Mayor, City of Phoenix, 200 West Washington Street, 11th Floor, Phoenix, Arizona 85003-1611 | Sept. 9, 2004 | 040051 |
| Maricopa | City of Phoenix (03-09-1019P) | Jun. 17, 2004, Jun. 24, 2004, | The Honorable Phil Gordon, Mayor, City of Phoenix, 200 West Washington Street, 11th Floor, Phoenix, Arizona 85003-1611 | Sept. 23, 2004 | 040051 |
| Maricopa | Unincorporated Areas (04-09-0311P) | Jun. 17, 2004, Jun. 24, 2004, | The Honorable Andrew W. Kunasek, Chairman, Maricopa County Board of Supervisors, 301 West Jefferson Street, 10th Floor, Phoenix, Arizona 85003 | Sept. 23, 2004 | 040037 |
| Pima | Town of Marana (02-09-1039P) | Jun. 10, 2004, Jun. 17, 2004, | The Honorable Bobby Sutton, Jr., Mayor, Town of Marana, 13251 North Lon Adams Road, Marana, Arizona 85653 | Sept. 16, 2004 | 040118 |
| Pima | Town of Marana (04-09-0308P) | May 6, 2004, May 13, 2004, | The Honorable Bobby Sutton, Jr., Mayor, Town of Marana, 13251 North Lon Adams Road, Marana, Arizona 85653 | Aug. 12, 2004 | 040118 |
| Pima | Unincorporated Areas (02-09-1039P) | Jun. 10, 2004, Jun. 17, 2004, | The Honorable Sharon Bronson, Chair, Pima County Board of Supervisors, 130 West Congress Street, 11th Floor, Tucson, Arizona 85701 | Sept. 16, 2004 | 040073 |
| California: | | | | | |
| Los Angeles | City of Burbank (02-09-874P) | Jun. 16, 2004, Jun. 23, 2004, | The Honorable Stacey Murphy, Mayor, City of Burbank, P.O. Box 6459, Burbank, California 91510-6459 | May 20, 2004 | 065018 |
| San Diego | City of Escondido (03-09-1334P) | Jun. 10, 2004, Jun. 17, 2004, | The Honorable Lori Pfeiler, Mayor, City of Escondido, 201 North Broadway, Escondido, California 92025 | May 21, 2004 | 060290 |
| San Diego | City of San Diego (02-09-0909X) | Apr. 29, 2004, May 6, 2004, | The Honorable Richard M. Murphy, Mayor, City of San Diego, 202 C Street, 11th Floor, San Diego, California 92101 | Aug. 5, 2004 | 060295 |
| San Diego | Unincorporated Areas (04-09-0909X) | Apr. 29, 2004, May 6, 2004, | The Honorable Dianne Jacob, Chairwoman, San Diego County Board of Supervisors, 1600 Pacific Highway, Room 335, San Diego, California 92101 | Aug. 5, 2004 | 060284 |
| San Diego | Unincorporated Areas (03-09-1334P) | Jun. 10, 2004, Jun. 17, 2004, | The Honorable Greg Cox, Chairman, San Diego County, Board of Supervisors, 1600 Pacific Highway, Room 335, San Diego, California 92101 | May 21, 2004 | 060284 |
| Solano | City of Fairfield (04-09-0394P) | Apr. 29, 2004, May 6, 2004, | The Honorable Karin MacMillan, Mayor, City of Fairfield, 1000 Webster Street, Fairfield, California 94533 | Aug. 5, 2004 | 060370 |
| Colorado: Adams | Unincorporated Areas (02-08-250P) | Jun. 23, 2004, Jun. 30, 2004, | The Honorable Elaine T. Valente, Chairwoman, Adams County, Board of Commissioners, 450 South Fourth Avenue, Brighton, Colorado 80601 | Sept. 29, 2004 | 080001 |
| Adams | Unincorporated Areas (03-08-0677P) | Apr. 9, 2004, Apr. 16, 2004, | The Honorable Elaine T. Valente, Chairwoman, Adams County, Board of Commissioners, 450 South Fourth Avenue, Brighton, Colorado 80601 | Jul. 16, 2004 | 080001 |
| Adams | City of Westminster (02-08-250P) | Jun. 23, 2004, Jun. 30, 2004, | The Honorable Ed Moss, Mayor, City of Westminster, 4800 West 92nd Avenue, Westminster, Colorado 80031 | Sept. 29, 2004 | 080008 |
| Boulder | City of Boulder (04-08-0098P) | Jun. 10, 2004, Jun. 17, 2004, | The Honorable William R. Toor, Mayor, City of Boulder, P.O. Box 791, Boulder, Colorado 80306 | Sept. 16, 2004 | 080024 |
| Boulder and Weld | Town of Erie (04-08-0066P) | Apr. 28, 2004, May 5, 2004, | The Honorable Barbara Connors, Mayor, Town of Erie, P.O. Box 750, Erie, Colorado 80516 | Aug. 4, 2004 | 080181 |
| Boulder | City of Lafayette (04-08-0259P) | May 27, 2004, Jun. 3, 2004, | The Honorable Chris Berry, Mayor, City of Lafayette, 1290 South Public Road, Lafayette, Colorado 80026 | Sept. 1, 2004 | 080026 |
| Boulder | Unincorporated Areas (04-08-0259P) | May 27, 2004, Jun. 3, 2004, | The Honorable Paul Danish, Chairman, Boulder County, Board of Commissioners, P.O. Box 471, Boulder, Colorado 80306 | Sept. 1, 2004 | 080023 |
| Broomfield | City and County of Broomfield (03-08-0022P) | May 5, 2004, May 12, 2004, | The Honorable Karen Stuart, Mayor, City and County of Broomfield, One DesCombes Drive, Broomfield, Colorado 80020 | Aug. 25, 2004, | 085073 |
| Broomfield | City and County of Broomfield (04-08-0259P) | May 26, 2004, Jun. 2, 2004, | The Honorable Karen Stuart, Mayor, City and County of Broomfield, One DesCombes Drive, Broomfield, Colorado 80020 | Sept. 1, 2004 | 085073 |
| Broomfield and Jefferson | City and County of Broomfield (02-08-447P) | Jun. 9, 2004, Jun. 16, 2004, | The Honorable Karen Stuart, Mayor, City and County of Broomfield, One DesCombes Drive, Broomfield, Colorado 80020 | Sept 15, 2004 | 085073 |
| Broomfield and Jefferson | City of Westminster (02-08-447P) | Jun. 9, 2004, Jun. 16, 2004, | The Honorable Ed Moss, Mayor, City of Westminster, 4800 West 92nd Avenue, Westminster, Colorado 80031 | Sept. 15, 2004 | 080008 |
| Douglas | Unincorporated Areas (03-08-0425P) | Apr. 22, 2004, Apr. 29, 2004, | The Honorable James R. Sullivan, Chairman, Douglas County, Board of Commissioners, 100 Third Street, Castle Rock, Colorado 80104 | Jul. 29, 2004 | 080049 |
| El Paso | City of Colorado Springs (03-08-0229P) | May 27, 2004, Jun. 3, 2004, | The Honorable Lionel Rivera, Mayor, City of Colorado Springs, P.O. Box 1575, Colorado Springs, Colorado 80901 | Sept. 2, 2004 | 080060 |
| El Paso | Town of Green Mountain (04-08-0136P) | Apr. 8, 2004, Apr. 15, 2004, | The Honorable Richard Bratton, Mayor, Town of Green Mountain Falls, P.O. Box 524, Green Mountain Falls, CO 80819 | Jul. 15, 2004 | 080062 |
| El Paso | City of Manitou Springs (04-08-0013P) | Jun. 10, 2004, | The Honorable Marcy Morrison, Mayor, City of Manitou Springs, 606 Manitou Avenue, Manitou Springs, Colorado 80829 | May 12, 2004 | 080063 |
| El Paso | Unincorporated Areas (03-08-0318P) | Apr. 28, 2004, May 5, 2004, | The Honorable Chuck Brown, Chair, El Paso County Board of Commissioners, 27 East Vermijo Avenue, Colorado Springs, Colorado 80903-2203 | Apr. 9, 2004 | 080059 |
| Eagle | Town of Eagle (04-08-0145P) | May 27, 2004, Jun. 3, 2004, | The Honorable Roxie Deane, Mayor, Town of Eagle, 200 Broadway, Eagle, Colorado 81631 | Sept. 2, 2004 | 080238 |
| Eagle | Unincorporated Areas (04-08-0145P) | May 27, 2004, Jun. 3, 2004, | The Honorable Michael Gallagher, Chairman, Eagle County Board of Commissioners, P.O. Box 850, Eagle, Colorado 81631 | Sept. 2, 2004 | 080051 |
| Adams and Jefferson | City of Westminster (03-08-0645P) | May 13, 2004, May 20, 2004, | The Honorable Ed Moss, Mayor, City of Westminster, 4800 West 92nd Avenue, Westminster, Colorado 80031 | Aug. 19, 2004 | 080008 |
| North Carolina: Rowan | City of Salisbury (03-04-575P) | Apr. 15, 2004, Apr. 22, 2004, | The Honorable Susan W. Kluttz, Mayor, City of Salisbury, 217 South Main Street, Salisbury, North Carolina 28144 | Jul. 22, 2004 | 370215 |
| Utah: Salt Lake | City of West Jordan (04-08-0014P) | Apr. 22, 2004, Apr. 29, 2004, | The Honorable Bryan Holladay, Mayor, City of West Jordan, 8000 Redwood Road, West Jordan, Utah 84088 | Mar. 25, 2004 | 490108 |
(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”)
Dated: August 10, 2004.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and Response Directorate.