Changes in Flood Elevation Determinations

Federal Register: November 5, 2008 (Volume 73, Number 215)

Rules and Regulations

Page 65777-65778

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

DOCID:fr05no08-9

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency 44 CFR Part 65

Docket No. FEMA-B-1015

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.

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.

California:

Fresno........................ Unincorporated areas August 26, 2008;

The Honorable Henry

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

065029. of Fresno County,

September 2, 2008;

Perea, Chairman, Fresno

(07-09-1791P).

The Fresno Bee.

County Board of

Supervisors, 2281 Tulare

Street, Room 300,

Fresno, CA 93721.

Sacramento.................... City of Folsom, (07- September 17, 2008; The Honorable Eric King, January 15, 2009...............

060263. 09-1657P).

September 24, 2008; Mayor, City of Folsom,

The Folsom

50 Natoma Street,

Telegraph.

Folsom, CA 95630.

Colorado:

Douglas....................... Unincorporated areas September 4, 2008;

The Honorable Melanie A. January 9, 2009................

080049. of Douglas County,

September 11, 2008; Worley, Chair, Douglas

(08-08-0334P).

Douglas County News- County Board of

Press.

Commissioners, 100 Third

Street, Castle Rock, CO 80104.

Page 65778

Douglas....................... Unincorporated areas September 4, 2008;

The Honorable Melanie A. August 21, 2008................

080049. of Douglas County,

September 11, 2008; Worley, Chairman,

(08-08-0607P).

Douglas County News- Douglas County Board of

Press.

Commissioners, 100 Third

Street, Castle Rock, CO 80104.

Douglas....................... Town of Parker, (08- September 4, 2008;

The Honorable David

January 9, 2009................

080310. 08-0334P).

September 11, 2008; Casiano, Mayor, Town of

Douglas County News- Parker, 20120 East Main

Press.

Street, Parker, CO 80138- 7334.

Illinois: Lake.................... City of Park City,

September 26, 2008; The Honorable Steve

February 2, 2009...............

170386.

(08-05-3860P).

October 2, 2008;

Pannell, Mayor, City of

Lake County News-

Park City, 3420 Kehm

Sun.

Boulevard, Park City, IL 60085.

Maine: Lincoln.................... Town of Southport,

September 18, 2008; The Honorable Gerald

August 26, 2008................

230221.

(08-01-0451P).

September 25, 2008; Gamage, First Selectman,

Boothbay Register.

Town of Southport, P.O.

Box 149, Southport, ME 04576.

Massachusetts: Worcester.......... Town of Westborough, September 16, 2008; The Honorable George

September 26, 2008.............

250344.

(08-01-0865P).

September 23, 2008; Thompson, Chairman, Town

Worcester Telegram of Westborough Board of

& Gazette.

Selectmen, 34 West Main

Street, Westborough, MA 01581.

Nevada: Clark..................... Unincorporated areas September 23, 2008; The Honorable Rory Reid, October 14, 2008...............

320003. of Clark County, (07- September 30, 2008; Chair, Clark County 09-0831P).

Las Vegas Review-

Board of Commissioners,

Journal.

500 South Grand Central

Parkway, Las Vegas, NV 89106.

Ohio:

Franklin...................... Unincorporated areas August 20, 2008;

The Honorable Mary Jo

August 4, 2008.................

390167. of Franklin County,

August 27, 2008;

Kilroy, Commissioner,

(08-05-0337P).

Hilliard News.

Franklin County, 373

South High Street, 26th

Floor, Columbus, OH 43215.

Franklin...................... City of Hilliard, (08- August 20, 2008;

The Honorable Donald J.

August 4, 2008.................

390175. 05-0337P).

August 27, 2008;

Schonhardt, Mayor, City

Hilliard News.

of Hilliard, 3800

Municipal Way, Hilliard,

OH 43026.

South Carolina: Sumter............ Unincorporated areas September 10, 2008; The Honorable William T. January 15, 2009...............

450182. of Sumter County,

September 17, 2008; Noonan, Sumter County

(08-04-5092P).

The Item.

Administrator, 13 East

Canal Street, Sumter, SC 29150.

Texas:

Bexar......................... City of San Antonio, June 26, 2008; July The Honorable Phil

June 19, 2008..................

480045.

(07-06-0824P).

3, 2008; San

Hardberger, Mayor, City

Antonio Express

of San Antonio, P.O. Box

News.

839966, San Antonio, TX 78283.

Montgomery.................... Unincorporated areas September 23, 2008; The Honorable Alan B.

January 28, 2009...............

480483. of Montgomery County September 30, 2008; Sadler, Montgomery

(07-06-0641P).

Conroe Courier.

County Judge, 301 North

Thompson Street, Suite 210, Conroe, TX 77301.

Montgomery.................... City of Panorama

September 23, 2008; The Honorable Howard

January 28, 2009...............

481263.

Village (07-06-

September 30, 2008; Kravetz, Mayor, City of 0641P).

Conroe Courier.

Panorama Village, 98

Hiwon Drive, Panorama

Village, TX 77304.

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

Insurance.'')

Dated: October 27, 2008.

Michael K. Buckley,

Acting Assistant Administrator, Mitigation Directorate, Department of

Homeland Security, Federal Emergency Management Agency.

FR Doc. E8-26305 Filed 11-4-08; 8:45 am

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