Changes in Flood Elevation Determinations
Federal Register: December 16, 2008 (Volume 73, Number 242)
Rules and Regulations
Page 76230-76232
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID:fr16de08-10
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency 44 CFR Part 65
Changes in Flood Elevation Determinations
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Final rule.
SUMMARY: Modified Base (1% annual-chance) Flood Elevations (BFEs) are finalized for the communities listed below. These modified BFEs will be used to calculate flood insurance premium rates for new buildings and their contents.
DATES: The effective dates for these modified BFEs are indicated on the following table and revise the Flood Insurance Rate Maps (FIRMs) in effect for the listed communities prior to this date.
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 Federal Emergency Management Agency
(FEMA) makes the final determinations listed below of the modified BFEs for each community listed. These modified BFEs have been published in newspapers of local circulation and ninety (90) days have elapsed since that publication. The Mitigation Division Director of FEMA resolved any appeals resulting from this notification.
The modified BFEs are not listed for each community in this notice.
However, this final rule includes the address of the Chief Executive
Officer of the community where the modified BFEs determinations are available for inspection.
The modified BFEs are made pursuant to section 206 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 other
Federal, State, or regional entities.
These modified BFEs are used to meet the floodplain management requirements of the NFIP and are also used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in these buildings. The changes in BFEs are in accordance with 44 CFR 65.4.
National Environmental Policy Act. This final 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 final 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 final rule involves no policies that
Page 76231
have federalism implications under Executive Order 13132, Federalism.
Executive Order 12988, Civil Justice Reform. This final 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: San Diego (FEMA Docket City of San Diego (08- July 10, 2008; July The Honorable Jerry
June 30, 2008..................
060295
No.: B-1001.
09-1015P).
17, 2008; San Diego Sanders, Mayor, City of
Transcript.
San Diego, 202 C Street, 11th Floor, San Diego,
CA 92101.
Colorado: Arapahoe (FEMA Docket
City of Cherry Hills July 4, 2008; July
The Honorable Mike
November 11, 2008..............
080013
No.: B-1001).
Village (08-08-
11, 2008; The
Wozniak, Mayor, City of 0414P).
Englewood Herald.
Cherry Hills Village, 2450 East Quincy Avenue,
Cherry Hills Village, CO 80113.
Florida:
Charlotte (FEMA Docket No.: B- City of Punta Gorda
July 17, 2008; July The Honorable Larry
June 30, 2008..................
120062 1001).
(08-04-4040P).
24, 2008; Charlotte Friedman, Mayor, City of
Sun.
Punta Gorda, 326 West
Marion Avenue, Punta
Gorda, FL 33950.
Monroe (FEMA Docket No.: B-
Unincorporated areas July 10, 2008; July The Honorable Mario
June 30, 2008..................
125129 1001).
of Monroe County (08- 17, 2008; Key West
DiGennaro, Mayor, Monroe 04-0421P).
Citizen.
County, Florida Keys
Marathon Airport, 9400
Overseas Highway, Suite 210, Marathon, FL 33050.
Monroe (FEMA Docket No.: B-
Unincorporated areas July 10, 2008; July The Honorable Mario
June 30, 2008..................
125129 1001).
of Monroe County (08- 17, 2008; Key West
DiGennaro, Mayor, Monroe 04-3795P).
Citizen.
County, Florida Keys
Marathon Airport, 9400
Overseas Highway, Suite 210, Marathon, FL 33050.
Sumter (FEMA Docket No.: B-
City of Wildwood (08- July 17, 2008; July The Honorable Ed Wolf,
June 30, 2008..................
120299 1001).
04-0921P).
24, 2008; Sumter
Mayor, City of Wildwood
County Times.
,100 North Main Street,
Wildwood, FL 34785.
Kansas: Johnson (FEMA Docket No.: City of Overland Park July 9, 2008; July
The Honorable Carl R.
June 30, 2008..................
200174
B-1001).
(08-07-0908P).
16, 2008; The
Gerlach, Mayor, City of
Overland Park Sun.
Overland Park, 10084
Hemlock Drive, Overland
Park, KS 66212.
Michigan: Macomb (FEMA Docket No.: Township of Macomb
July 16, 2008; July The Honorable John D.
July 2, 2008...................
260445
B-1001).
(08-05-1867P).
23, 2008; The
Brennan, Township
Macomb Daily and
Supervisor, Township of
Daily Tribune.
Macomb, 54111 Broughton
Road, Macomb, MI 48042.
Mississippi: DeSoto (FEMA Docket
City of Olive Branch July 31, 2008;
The Honorable Samuel P.
July 18, 2008..................
280286
No.: B-1001).
(08-04-2647P).
August 7, 2008;
Rikard, Mayor, City of
DeSoto Times Today. Olive Branch, 9200
Pigeon Roost Road, Olive
Branch, MS 38654.
Missouri:
St. Charles (FEMA Docket No.: Unincorporated areas June 25, 2008; July The Honorable Steve
October 30, 2008...............
290315
B-7797).
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 (FEMA Docket No.: City of St. Peters
June 25, 2008; July The Honorable Len Pagano, October 30, 2008...............
290319
B-7797).
(08-07-0068P).
2, 2008; St.
Mayor, City of St.
Charles Journal.
Peters, One St. Peters
Centre Boulevard, St.
Peters, MO 63376.
Nevada: Clark (FEMA Docket No.: B- Unincorporated areas July 8, 2008; July
The Honorable Rory Reid, November 12, 2008..............
320003 7797).
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.
New York:
New York (FEMA Docket No.: B- City of New York (08- July 17, 2008; July The Honorable Michael R. September 29, 2008.............
360497 1001).
02-0948P).
24, 2008; New York
Bloomberg, Mayor, City
Times.
of New York, One Centre
Street, New York, NY 10007.
Rockland (FEMA Docket No.: B- Town of Clarkstown
May 22, 2008; May
The Honorable Alexander
November 18, 2008..............
360679 7788).
(08-02-0127P).
29, 2008; Rockland
J. Gromack, Supervisor,
County Times.
Town of Clarkstown, Ten
Maple Avenue, New City,
NY 10956.
North Carolina: Onslow (FEMA
City of Jacksonville June 13, 2008; June The Honorable Sammy
June 6, 2008...................
370178
Docket No.: B-7793).
(08-04-0469P).
20, 2008; The Daily Phillips, Mayor, City of
News.
Jacksonville, P.O. Box 128, Jacksonville, NC 28541.
Oklahoma:
Oklahoma (FEMA Docket No.: B- City of Edmond (08-06- July 16, 2008; July The Honorable Daniel R
July 30, 2008..................
400252 1001).
0227P).
23, 2008; The
O'Neil, Mayor, City of
Edmond Sun.
Edmond, P.O. Box 2970,
Edmond, OK 73083.
Tulsa (FEMA Docket No.: B-
City of Tulsa (08-06- June 26, 2008; July The Honorable Kathryn L. October 31, 2008...............
405381 1001).
1820P).
3, 2008; Tulsa
Taylor, Mayor, City of
World.
Tulsa, 200 Civic Center,
Tulsa, OK 74103.
Page 76232
Tulsa (FEMA Docket No.: B-
City of Tulsa (08-06- July 31, 2008;
The Honorable Kathryn L. July 17, 2008..................
405381 1008).
1865P).
August 7, 2008;
Taylor, Mayor, City of
Tulsa World.
Tulsa, 200 Civic Center,
Tulsa, OK 74103.
South Dakota: Pennington (FEMA
City of Rapid City
June 25, 2008; July The Honorable Alan Hanks, October 30, 2008...............
465420
Docket No.: B-1001).
(08-08-0211P).
2, 2008; Hill City
Mayor, City of Rapid
Prevailer-News.
City, 300 Sixth Street,
Rapid City, SD 57701.
Texas:
Bexar (FEMA Docket No.: B-
City of San Antonio
June 26, 2008; July The Honorable Phil
October 31, 2008...............
480045 7797).
(07-06-0823P).
3, 2008; San
Hardberger, Mayor, City
Antonio Express
of San Antonio, P.O. Box
News.
839966, San Antonio, TX 78283.
Bexar (FEMA Docket No.: B-
City of San Antonio
June 26, 2008; July The Honorable Phil
June 19, 2008..................
480045 1015).
(07-06-0824P).
3, 2008; San
Hardberger, Mayor, City
Antonio Express
of San Antonio, P.O. Box
News.
839966, San Antonio, TX 78283.
Collin (FEMA Docket No.: B-
City of McKinney (07- June 26, 2008; July The Honorable Bill
October 31, 2008...............
480135 7797).
06-1407P).
3, 2008; McKinney
Whitfield, Mayor, City
Courier Gazette.
of McKinney, 222 North
Tennessee Street,
McKinney, TX 75069.
Harris (FEMA Docket No.: B-
Unincorporated areas July 2, 2008; July
The Honorable Ed Emmett, October 30, 2008...............
480287 7797).
of Harris County (07- 9, 2008; Houston
Harris County Judge, 06-2077P).
Chronicle.
1001 Preston Street,
Suite 911, Houston, TX 77002.
Tarrant (FEMA Docket No.: B-
City of Euless (08-06- April 4, 2008; April The Honorable Mary Saleh, August 11, 2008................
480593 1011).
0770P).
11, 2008;
Mayor, City of Euless,
Colleyville Courier. 201 North Ector Drive,
Euless, TX 76039.
Virginia: Independent City (FEMA
City of Winchester
July 3, 2008; July
The Honorable Elizabeth
October 31, 2008...............
510173
Docket No.: B-1001).
(08-03-0972P).
10, 2008; The
Minor, Mayor, City of
Winchester Star.
Winchester, 231 East
Piccadilly Street, Suite 310, Winchester, VA 22601.
Wisconsin:
Dodge (FEMA Docket No.: B-
Unincorporated areas June 19, 2008; June The Honorable Russell E. October 24, 2008...............
550094 7797).
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 (FEMA Docket No.: B-
City of Watertown (07- June 19, 2008; June The Honorable Ron
October 24, 2008...............
550107 7797).
05-4832P).
26, 2008; Watertown Krueger, Mayor, City of
Daily Times.
Watertown, P.O. Box 477,
Watertown, WI 53094.
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')
Dated: December 5, 2008.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of
Homeland Security, Federal Emergency Management Agency.
FR Doc. E8-29777 Filed 12-15-08; 8:45 am
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