Flood elevation determinations: Various States,

[Federal Register: July 2, 2007 (Volume 72, Number 126)]

[Rules and Regulations]

[Page 35932-35934]

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

[DOCID:fr02jy07-8]

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 Section, 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 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.

Alabama: Shelby (FEMA Docket No.: City of Pelham (07-04- February 14, 2007; The Honorable Bobby

May 23, 2007................... 010193 B-7716).

1305P).

February 21, 2007; Hayes, Mayor, City of Shelby County

Pelham, P.O. Box 1419, Reporter.

Pelham, AL 35124.

[[Page 35933]]

Arkansas: Benton (FEMA Docket No.: City of Lowell (07-06- February 8, 2007; The Honorable Perry Long, May 10, 2007................... 050342 B-7716).

0172P).

February 15, 2007; Mayor, City of Lowell, Arkansas Democrat P.O. Box 979, Lowell, AR Gazette.

72745. Colorado:

Adams (FEMA Docket No.: B- City of Thornton (06- February 1, 2007; The Honorable Noel Busck, May 10, 2007................... 080007 7712).

08-B537P).

February 8, 2007; Mayor, City of Thornton, Golden Transcript. 9500 Civic Center Drive, Thornton, CO 80229.

Adams (FEMA Docket No.: B- Unincorporated areas February 1, 2007; The Honorable Alice J. May 10, 2007................... 080001 7712).

of Adams County (06- February 8, 2007; Nichol, Chairman, Adams 08-B537P).

Golden Transcript. County Board of Commissioners, 450 South Fourth Avenue, Brighton, CO 80601.

Adams and Jefferson (FEMA City of Westminster February 1, 2007; The Honorable Nancy

May 10, 2007................... 080008 Docket No.: B-7712).

(06-08-B537P).

February 8, 2007; McNally, Mayor, City of Golden Transcript. Westminster, 4800 West 92nd Avenue, Westminster, CO 80031.

Broomfield (FEMA Docket No.: B- City of Broomfield February 1, 2007; The Honorable Karen

May 10, 2007................... 085073 7712).

and Unincorporated February 8, 2007; Stuart, Mayor, City and areas of Broomfield Golden Transcript. County of Broomfield, County (06-08-B537P).

One DesCombes Drive, Broomfield, CO 80020. Florida: Miami-Dade (FEMA Docket City of Miami (07-04- February 22, 2007; The Honorable Manuel A. February 7, 2007............... 120650 No.: B-7717).

1922P).

March 1, 2007;

Diaz, Mayor, City of Miami New Times. Miami, 3500 Pan American Drive, Miami, FL 33133. Georgia: Gwinnett (FEMA Docket Unincorporated areas February 1, 2007; The Honorable Charles E. May 10, 2007................... 130322 No.: B-7712).

of Gwinnett County February 8, 2007; Bannister, Chairman, (06-04-BY93P).

Gwinnett Daily Post. Gwinnett County Board of Commissioners, 75 Langley Drive, Lawrenceville, GA 30045. Maine:

Cumberland (FEMA Docket No.: B- Town of Gorham (07-01- January 18, 2007; The Honorable Michael J. April 26, 2007................. 230047 7716).

0160P).

January 25, 2007; Phinney, Chairman, Portland Press

Gorham Town Council, Herald.

Gorham Municipal Center, 75 South Street, Gorham, ME 04038.

York (FEMA Docket No.: B-7716) City of Biddeford (06- January 11, 2007; The Honorable Wallace H. December 15, 2006.............. 230145 01-B015P).

January 18, 2007; Nutting, Mayor, City of York County Coast Biddeford, 205 Main Star.

Street, Biddeford, ME 04005. Mississippi:

Rankin (FEMA Docket No.: B- Pearl River Valley February 7, 2007; Mr. Benny French, P.E., February 12, 2007.............. 280338 7716).

Water Supply

February 14, 2007; PLS, General Manager, District (06-04- Rankin County News. Pearl River Valley Water BN09P).

Supply District, P.O. Box 2180, Ridgeland, MS 39158.

Rankin (FEMA Docket No.: B- Unincorporated areas February 7, 2007; Mr. Norman McLeod, County February 12, 2007.............. 280142 7716).

of Rankin County (06- February 14, 2007; Administrator, Rankin 04-BN09P).

Rankin County News. County, 211 East Government Street, Suite A, Brandon, MS 39042. Nevada: Clark (FEMA Docket No.: B- Unincorporated areas December 14, 2006; The Honorable Rory Reid, March 22, 2007................. 320003 7716).

of Clark County (06- December 21, 2006; Chair, Clark County, 09-B934P).

Las Vegas Review- Board of Commissioners, Journal.

500 South Grand Central Parkway, Las Vegas, NV 89106. New Mexico: Bernalillo (FEMA

City of Albuquerque February 1, 2007; The Honorable Martin J. May 10, 2007................... 350002 Docket No.: B-7712).

(07-06-0332P).

February 8, 2007; Chavez, Mayor, City of The Albuquerque Albuquerque, P.O. Box Journal.

1293, Albuquerque, NM 87103. North Carolina:

Lee (FEMA Docket No.: B-7716). City of Sanford (06- January 18, 2007; The Honorable Cornelia December 21, 2006.............. 370143 04-BM79P).

January 25, 2007; Olive, Mayor, City of The Sanford Herald. Sanford, P.O. Box 3729, Sanford, NC 27331.

Mecklenburg (FEMA Docket No.: City of Charlotte (06- January 18, 2007; The Honorable Patrick September 29, 2006............. 370159 B-7716).

04-BP55P).

January 25, 2007; McCrory, Mayor, City of The Charlotte

Charlotte, 600 East Observer.

Fourth Street, Charlotte, NC 28202.

Orange (FEMA Docket No.: B- Unincorporated areas January 17, 2007; The Honorable Barry

February 3, 2007............... 370342 7716).

of Orange County (06- January 24, 2007; Jacobs, Chairman, Orange 04-BQ22P).

The Chapel Hill County Board of News.

Commissioners, 2105 Moorefields Road, Hillsborough, NC 27278. Oklahoma: Carter North Carolina: City or Ardmore (06- December 21, 2006; The Honorable Bob Clark, November 30, 2006.............. 400031 Orange (FEMA Docket No.: B-7712). 06-B689P).

December 28, 2006; Mayor, City of Ardmore, Daily Ardmoreite. P.O. Box 249, Ardmore, OK 73401. Texas:

Galveston (FEMA Docket No.: B- City of Hitchcock (06- February 1, 2007; The Honorable Lee A. May 10, 2007................... 485479 7712).

06-BK83P).

February 8, 2007; Sander, Mayor, City of The Galveston

Hitchcock, 7423 Highway County Daily News. 6, Hitchcock, TX 77563.

Galveston (FEMA Docket No.: B- City of La Marque (06- February 1, 2007; The Honorable Larry Crow, May 10, 2007................... 485486 7712).

06-BK38P).

February 8, 2007; Mayor, City of La The Galveston

Marque, 1111 Bayou Road, County Daily News. La Marque, TX 77568.

Hays (FEMA Docket No.: B-7716) City of San Marcos January 17, 2007; The Honorable Susan

January 22, 2007............... 485505 (06-06-B107P).

January 24, 2007; Clifford-Narvaiz, Mayor, The Free Press. City of San Marcos, 630 East Hopkins, San Marcos, TX 78666.

[[Page 35934]]

Hays (FEMA Docket No.: B-7716) Unincorporated areas January 17, 2007; The Honorable Jim Powers, January 22, 2007............... 480321 of Hays County (06- January 24, 2007; Hays County Judge, 111 06-B107P).

The Free Press. East San Antonio Street, Suite 300, San Marcos, TX 78666.

Hood (FEMA Docket No.: B-7716) City of Granbury (06- February 14, 2007; The Honorable David

January 23, 2007............... 480357 06-BG36P).

February 21, 2007; Southern, Mayor, City of Hood County News. Granbury, 116 West Bridge Street, Granbury, TX 76048.

Tarrant (FEMA Docket No.: B- City of Fort Worth October 26, 2006; The Honorable Michael J. February 1, 2007............... 480596 7716).

(06-06-BG38P).

November 2, 2006; Moncrief, Mayor, City of North West Tarrant Fort Worth, 1000 County Times-Record. Throckmorton Street, Fort Worth, TX 76102.

Tarrant (FEMA Docket No.: B- City of Saginaw (06- October 26, 2006; The Honorable Gary

February 1, 2007............... 480610 7716).

06-BG38P).

November 2, 2006; Brinkley, Mayor, City of North West Tarrant Saginaw, 333 West County Times-Record. McLeroy Boulevard, Saginaw, TX 76179.

Tarrant (FEMA Docket No.: B- City of Fort Worth February 15, 2007; The Honorable Michael J. May 24, 2007................... 480596 7717).

(07-06-0091P).

February 22, 2007; Moncrief, Mayor, City of Fort Worth Star- Fort Worth, 1000 Telegram.

Throckmorton Street, Fort Worth, TX 761028.

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

Dated: June 18, 2007. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E7-12690 Filed 6-29-07; 8:45 am]

BILLING CODE 9110-12-P

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