Changes in Flood Elevation Determinations

Federal Register: August 12, 2008 (Volume 73, Number 156)

Rules and Regulations

Page 46809-46811

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr12au08-4

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency 44 CFR Part 65

Docket No. FEMA-B-7797

Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

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 (FIRMs) 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 Assistant

Administrator of FEMA 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: William R. Blanton, Jr., Engineering

Management Branch, Mitigation Directorate, Federal Emergency Management

Agency, 500 C Street SW., Washington, DC 20472, (202) 646-3151.

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.

Page 46810

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 interim rule is categorically excluded from the requirements of 44 CFR part 10,

Environmental Consideration. An environmental impact assessment has not been prepared.

Regulatory Flexibility Act. As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601- 612, a regulatory flexibility analysis is not required.

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 13132, Federalism. This interim rule involves no policies that have federalism implications under Executive Order 13132,

Federalism.

Executive Order 12988, Civil Justice Reform. This interim rule meets the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 65

Flood insurance, Floodplains, Reporting and recordkeeping requirements. 0

Accordingly, 44 CFR part 65 is amended to read as follows:

PART 65--[AMENDED] 0 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] 0 2. The tables published under the authority of Sec. 65.4 are amended as follows:

Date and name of

State and county

Location and case No.

newspaper where

Chief executive officer Effective date of modification Community notice was published

of community

No.

Alabama: Jefferson................ City of Birmingham

June 20, 2008; June The Honorable Larry P.

July 28, 2008..................

010116

(08-04-2759P).

27, 2008; The

Langford, Mayor, City of

Birmingham News.

Birmingham, 710 North 20th Street, Birmingham,

AL 35203.

Colorado: Adams................... City of Thornton (08- June 5, 2008; June

The Honorable Erik

October 10, 2008...............

080007 08-0377P).

12, 2008;

Hansen, Mayor, City of

Northglenn-Thornton Thornton, 9500 Civic

Sentinel.

Center Drive, Thornton,

CO 80229.

Connecticut: Hartford............. City of Bristol (08- June 25, 2008; July The Honorable Arthur

June 11, 2008..................

090023 01-0505P).

2, 2008; The

Ward, Mayor, City of

Hartford Courant.

Bristol, City Hall, 111

North Main Street,

Bristol, CT 06010.

Florida: Seminole................. City of Winter

June 18, 2008; June The Honorable John F.

October 23, 2008...............

120295

Springs (08-04-

25, 2008; Orlando

Bush, Mayor, City of 4157P).

Sentinel.

Winter Springs, 21

Tarpon Circle, Winter

Springs, FL 32708.

Hawaii: Maui...................... Unincorporated areas February 21. 2008;

The Honorable Charmaine

February 12, 2008..............

150003 of Maui County (07-

February 28, 2008;

Tavares, Mayor, Maui 09-1848P).

Maui News.

County, 200 South High

Street, Wailuku, HI 96793.

Idaho: Madison.................... Unincorporated areas July 3, 2008; July

The Honorable Ralph

June 16, 2008..................

160217 of Madison County

10, 2008; Standard

Robison, Chairman,

(08-10-0206P).

Journal.

Madison County, Board of

Commissioners, P.O. Box 389, Rexburg, ID 83440.

Illinois:

Lake.......................... Unincorporated areas June 5, 2008; June

The Honorable Suzi

October 10, 2008...............

170357 of Lake County (08- 12, 2008; Lake

Schmidt, Chair, Lake 05-1098P).

County News-Sun.

County Board, 18 North

County Street, Room 1001, Waukegan, IL 60085.

Lake.......................... Village of Lake

June 5, 2008; June

The Honorable Kevin

October 10, 2008...............

170372

Barrington (08-05-

12, 2008; Lake

Richardson, President, 1098P).

County News-Sun.

Village of Lake

Barrington, 23860 Old

Barrington Road, Lake

Barrington, IL 60010.

Lake.......................... Village of North

June 5, 2008; June

The Honorable Bruce J.

October 10, 2008...............

170383

Barrington (08-05-

12, 2008; Lake

Sauer, President, 1098P).

County News-Sun.

Village of North

Barrington, 111 Old

Barrington Road, North

Barrington, IL 60010.

Minnesota: Anoka.................. City of Blaine (08-05- June 6, 2008; June

The Honorable Thomas

October 13, 2008...............

270007 1446P).

13, 2008; Blaine-

Ryan, Mayor, City of

Spring Lake Park

Blaine, 10801 Town

Life.

Square Drive Northeast,

Blaine, MN 55449.

Missouri:

St. Charles County............ Unincorporated areas June 25, 2008; July The Honorable Steve

October 30, 2008...............

290315 of St. Charles

2, 2008; St.

Ehlmann, County

County (08-07-0068P). Charles Journal.

Executive, St. Charles

County, St. Charles

County Courthouse, 100

North Third Street, St.

Charles, MO 63301.

St. Charles County............ City of St. Peters

June 25, 2008; July The Honorable Len Pagano, October 30, 2008...............

290319

(08-07-0068P).

2, 2008; St.

Mayor, City of St.

Charles Journal.

Peters, One St. Peters

Centre Boulevard, St.

Peters, MO 63376.

Montana: Flathead................. Unincorporated areas June 13, 2008; June The Honorable Gary D.

June 2, 2008...................

300023 of Flathead County

20, 2008; Daily

Hall, Chairman, Flathead

(08-08-0430P).

Inter Lake.

County, Board of

Commissioners, 800 South

Main Street, Kalispell,

MT 59901.

Page 46811

Nevada: Clark..................... Unincorporated areas July 8, 2008; July

The Honorable Rory Reid, November 12, 2008..............

320003 of Clark County (07- 15, 2008; Las Vegas Chair, Clark County 09-1612P).

Review-Journal.

Board of Commissioners, 500 South Grand Central

Parkway, Las Vegas, NV 89106.

Pennsylvania:

Lackawanna.................... City of Scranton (07- April 28, 2008; May The Honorable Christopher September 2, 2008..............

420538 03-0177P).

5, 2008; The

  1. Doherty, Mayor, City

Scranton Times

of Scranton, 340 North

Tribune.

Washington Avenue,

Scranton, PA 18503.

Lackawanna.................... Borough of Taylor (07- April 28, 2008; May The Honorable Richard

September 2, 2008..............

420539 03-0177P).

5, 2008; The

Bowen, Mayor, Borough of

Scranton Times

Taylor, 122 Union

Tribune.

Street, Taylor, PA 18517.

Tennessee:

Coffee........................ City of Tullahoma (07- May 14, 2008; May

The Honorable Troy Bisby, September 18, 2008.............

470036 04-5627P).

21, 2008; The

Mayor, City of

Tullahoma News.

Tullahoma, 201 West

Grundy Street,

Tullahoma, TN 37388.

Wilson........................ City of Lebanon (08- May 28, 2008; June

The Honorable Robert

May 16, 2008...................

270208 04-1439P).

4, 2008; The Wilson Dedman, Mayor, Wilson

Post.

County, 228 East Main

Street, Room 104,

Lebanon, TN 37087.

Texas:

Bexar......................... City of San Antonio

June 26, 2008; July The Honorable Phil

October 31, 2008...............

480045

(07-06-0823P).

3, 2008; San

Hardberger, Mayor, City

Antonio Express

of San Antonio, P.O. Box

News.

839966, San Antonio, TX 78283.

Collin........................ City of McKinney (07- June 26, 2008; July The Honorable Bill

October 31, 2008...............

480135 06-1407P).

3, 2008; McKinney

Whitfield, Mayor, City

Courier Gazette.

of McKinney, 222 North

Tennessee Street,

McKinney, TX 75069.

Ellis......................... City of Waxahachie

May 28, 2008; June

The Honorable Joe

October 2, 2008................

480211

(08-06-0662P).

4, 2008; Waxahachie Jenkins, Mayor, City of

Daily Light.

Waxahachie, P.O. Box 757, Waxahachie, TX 75165.

Harris....................... Unincorporated areas July 2, 2008; July

The Honorable Ed Emmett, October 30, 2008...............

480287 of Harris County (07- 9, 2008; Houston

Harris County Judge, 06-2077P).

Chronicle.

1001 Preston Street,

Suite 911, Houston, TX 77002.

Tarrant....................... City of Fort Worth

May 30, 2008; June

The Honorable Michael J. September 29, 2008.............

480596

(07-06-2613P).

6, 2008; Fort Worth Moncrief, Mayor, City of

Star-Telegram.

Fort Worth, 1000

Throckmorton Street,

Fort Worth, TX 76102.

Virginia: Independent City........ City of Winchester

May 8, 2008; May 15, The Honorable Elizabeth

September 12, 2008.............

510173

(08-03-0801P).

2008; The

Minor, Mayor, City of

Winchester Star.

Winchester, 231 East

Piccadilly Street, Suite 310, Winchester, VA 22601.

Wisconsin:

Dodge......................... Unincorporated areas June 19, 2008; June The Honorable Russell E. October 24, 2008...............

550094 of Dodge County (07- 26, 2008; Watertown Kottke, Chairman, Dodge 05-4832P).

Daily Times.

County, Board of

Supervisors, 127 East

Oak Street, Beaver Dam,

WI 53039.

Dodge......................... City of Watertown (07- June 19, 2008; June The Honorable Ron

October 24, 2008...............

550107 05-4832P).

26, 2008; Watertown Krueger, Mayor, City of

Daily Times.

Watertown, P.O. Box 477,

Watertown, WI 53094.

Ozaukee....................... Unincorporated areas June 5, 2008; June

The Honorable Robert

October 10, 2008...............

550310 of Ozaukee County

12, 2008; Ozaukee

Brooks, Chairman,

(08-05-1362P).

Press.

Ozaukee County Board,

P.O. Box 994, Port

Washington, WI 53074- 0994.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood

Insurance.'')

Dated: July 25, 2008.

Edward L. Connor,

Deputy Assistant Administrator for Insurance, Department of Homeland

Security, Federal Emergency Management Agency.

FR Doc. E8-18530 Filed 8-11-08; 8:45 am

BILLING CODE 9110-12-P

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