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Rule

Changes in Flood Elevation Determinations

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.

 

Table of Contents Back to Top

DATES: Back to Top

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: Back to Top

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: Back to Top

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: Back to Top

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 Back to Top

begin regulatory text

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

PART 65—[AMENDED] Back to Top

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.

§ 65.4 [Amended]

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.
Alabama: Tuscaloosa Unincorporated areas of Tuscaloosa County (08-04-3997P) October 15, 2008; October 22, 2008; The Northport Gazette The Honorable W. Hardy McCollum, Tuscaloosa County Probate Judge, 714 Greensboro Avenue, Tuscaloosa, AL 35401 February 19, 2009 010201
Arizona:          
Maricopa City of El Mirage (08-09-1516P) October 16, 2008; October 23, 2008; Arizona Business Gazette The Honorable Fred Waterman, Mayor, City of El Mirage, P.O. Box 26, El Mirage, AZ 85335 February 20, 2009 040041
Maricopa Unincorporated areas of Maricopa County (08-09-1516P) October 16, 2008; October 23, 2008; Arizona Business Gazette The Honorable Andrew W. Kunasek, Chairman, Maricopa County Board of Supervisors, 301 West Jefferson Street, 10th Floor, Phoenix, AZ 85003 February 20, 2009 040037
Maricopa City of Phoenix (06-09-B582P) December 27, 2007; January 3, 2008; Arizona Business Gazette The Honorable Phil Gordon, Mayor, City of Phoenix, 200 West Washington Street, 11th Floor, Phoenix, AZ 85003-1611 April 3, 2008 040051
Maricopa City of Surprise (08-09-1516P) October 16, 2008; October 23, 2008; Arizona Business Gazette The Honorable Lyn Truitt, Mayor, City of Surprise, 12425 West Bell Road, Surprise, AZ 85374 February 20, 2009 040053
California: San Luis Obispo City of Atascadero (08-09-0724P) October 22, 2008; October 29, 2008; Atascadero News The Honorable Tom O'Malley, Mayor, City of Atascadero, 6907 El Camino Real, Atascadero, CA 93422 October 6, 2008 060700
Colorado:          
Douglas Unincorporated areas of Douglas County (08-08-0553P) October 2, 2008; October 9, 2008; Douglas County News-Press The Honorable Melanie A. Worley, Chairman, Douglas County Board of Commissioners, 100 Third Street, Castle Rock, CO 80104 February 6, 2009 080049
Douglas Town of Parker (08-08-0553P) October 2, 2008; October 9, 2008; Douglas County News-Press The Honorable David Casiano, Mayor, Town of Parker, 20120 East Main Street, Parker, CO 80138-7334 February 6, 2009 080310
El Paso Unincorporated areas of El Paso County (08-08-0630P) October 8, 2008; October 15, 2008; El Paso County Advertiser The Honorable Dennis Hisey, Chairman, El Paso County Board of Commissioners, 27 East Vermijo Avenue, Colorado Springs, CO 80903-2208 September 24, 2008 080059
Connecticut: Fairfield City of Stamford (08-01-0709P) June 20, 2008; June 27, 2008; The Advocate The Honorable Dannel P. Malloy, Mayor, City of Stamford, 888 Washington Boulevard, Stamford, CT 06904 May 30, 2008 090015
Delaware: Kent Unincorporated areas of Kent County (08-03-1557P) October 17, 2008; October 24, 2008; The News Journal The Honorable P. Brooks Banta, President, Board of Commissioners, 555 Bay Road, Dover, DE 19901 February 23, 2009 100001
Florida: Polk City of Lakeland (08-04-5418P) October 10, 2008; October 17, 2008; The Ledger The Honorable Ralph L. Fletcher, Mayor, City of Lakeland, 228 South Massachusetts Avenue, Lakeland, FL 33801 February 16, 2009 120267
Georgia: Columbia Unincorporated areas of Columbia County (08-04-3896P) October 19, 2008; October 26, 2008; The Columbia County News Times The Honorable Ron C. Cross, Chairman, Columbia County Board of Commissioners, P.O. Box 498, Evans, GA 30809 February 23, 2009 130059
Illinois:          
Cook Village of Barrington Hills (08-05-2649P) May 22, 2008; May 29, 2008; Barrington Courier Review The Honorable Robert G. Abboud, President, Village of Barrington Hills, 112 Algonquin Road, Barrington Hills, IL 60010 April 30, 2008 170058
Cook Unincorporated areas of Cook County (08-05-2074P) October 14, 2008; October 21, 2008; Southtown Star The Honorable Todd H. Stroger, President, Cook County Board of Commissioners, 118 North Clark Street, Room 537, Chicago, IL 60602 November 7, 2008 170054
Cook Village of Ford Heights (08-05-2074P) October 14, 2008; October 21, 2008; Southtown Star The Honorable Saul L. Beck, Mayor, Village of Ford Heights, 1343 Ellis Avenue, Ford Heights, IL 60411 November 7, 2008 170084
Cook Village of Sauk Village (08-05-2074P) October 14, 2008; October 21, 2008; Southtown Star The Honorable Roger G. Peckham, Mayor, Village of Sauk Village, 21701 Torrence Avenue, Sauk Village, IL 60411 November 7, 2008 170157
Dupage Village of Bensenville (08-05-0178P) October 15, 2008; October 22, 2008; Daily Herald The Honorable John C. Geils, President, Village of Bensenville, 12 South Center Street, Bensenville, IL 60106 September 29, 2008 170200
Dupage Village of Elk Grove (08-05-0178P) October 15, 2008; October 22, 2008; Daily Herald The Honorable Craig B. Johnson, Mayor, Village of Elk Grove, 901 Wellington Avenue, Elk Grove Village, IL 60007 September 29, 2008 170088
Maine: Waldo Town of Lincolnville (08-01-0911P) September 18, 2008; September 25, 2008; The Republican Journal The Honorable Rosendel Gerry, Selectman, Town of Lincolnville, 493 Hope Road, Lincolnville, ME 04849 August 29, 2008 230172
Mississippi: Madison Unincorporated areas of Madison County (07-04-5199P) August 14, 2008; August 21, 2008; Madison County Journal The Honorable Timothy L. Johnson, President, Madison County Board of Supervisors, P.O. Box 608, Canton, MS 39046 December 22, 2008 280228
Missouri: Platte Unincorporated areas of Platte County (08-07-1586P) October 15, 2008; October 22, 2008; The Landmark Mr. Tom Pryor, First District Commissioner, Platte County, Platte County Administrative Building, 415 Third Street, Suite 105, Platte City, MO 64079 February 19, 2009 290475
Nevada:          
Clark Unincorporated areas of Clark County (08-09-0253P) October 10, 2008; October 17, 2008; Las Vegas Review Journal The Honorable Rory Reid, Chair, Clark County Board of Commissioners, 500 South Grand Central Parkway, Las Vegas, NV 89106 September 26, 2008 320003
Clark Unincorporated areas of Clark County (08-09-0919P) October 10, 2008; October 17, 2008; Las Vegas Review Journal The Honorable Rory Reid, Chair, Clark County Board of Commissioners, 500 South Grand Central Parkway, Las Vegas, NV 89106 September 30, 2008 320003
New York: Seneca Town of Seneca Falls (08-02-1344P) October 9, 2008; October 16, 2008; Reveille Between the Lakes The Honorable Duane Moore, Councilman, Town of Seneca Falls, 32 State Street, Seneca Falls, NY 13148 April 2, 2009 360756
Pennsylvania: York Township of Dover (08-03-1498P) October 10, 2008; October 17, 2008; York Daily Record The Honorable Shane Patterson, Chairman, Board of Supervisors, Dover Township, 2480 West Canal Road, Dover, PA 17315 September 30, 2008 420920
South Carolina: Richland Unincorporated areas of Richland County (08-04-5022P) October 10, 2008; October 17, 2008; The State The Honorable Joseph McEachern, Chairman, Richland County Council, Richland County Administrative Building, 2020 Hampton Street, Second Floor, Columbia, SC 29202 February 16, 2009 450170
Tennessee:          
Williamson City of Brentwood (08-04-2646P) October 16, 2008; October 23, 2008; The Tennessean The Honorable Joe Reagan, Mayor, City of Brentwood, P. O. Box 788, Brentwood, TN 37024 February 20, 2009 470205
Williamson Unincorporated areas of Williamson County (08-04-2646P) October 16, 2008; October 23, 2008; The Tennessean The Honorable Rogers C. Anderson, Mayor, Williamson County, 1320 West Main Street, Suite 125, Franklin, TN 37064 February 20, 2009 470204
Texas:          
Bastrop City of Bastrop (08-06-0048P) July 9, 2008; July 16, 2008; Elgin Courier The Honorable Terry Orr, Mayor, City of Bastrop, P.O. Box 427, Bastrop, TX 78602 November 13, 2008 480022
Bastrop Unincorporated areas of Bastrop County (08-06-0048P) July 9, 2008; July 16, 2008; Elgin Courier The Honorable Ronnie McDonald, Bastrop County Judge, 804 Pecan Street, Bastrop, TX 78602 November 13, 2008 481193
Bexar City of San Antonio (08-06-1356P) October 9, 2008; October 16, 2008; San Antonio Express News The Honorable Phil Hardberger, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283 September 24, 2008 480045
Tarrant City of Fort Worth (08-06-2295P) October 9, 2008; October 16, 2008; Fort Worth Star Telegram The Honorable Mike Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102 February 13, 2009 480596
Tarrant City of Keller (08-06-2436P) October 9, 2008; October 16, 2008; Fort Worth Star Telegram The Honorable Pat McGrail, Mayor, City of Keller, P.O. Box 770, Keller, TX 76244 February 13, 2009 480602
Virginia: Independent City City of Lynchburg (08-03-0310P) July 18, 2008; July 25, 2008; The Lynchburg Ledger The Honorable Joan F. Foster, 900 Church Street, Lynchburg, VA 24504 November 21, 2008 510093
Wisconsin: Dane Village of Waunakee (08-05-1363P) August 14, 2008; August 21, 2008; Waunakee Tribune Mr. Kim Wilde, Village Administrator, Village of Waunakee, 500 West Main Street, Waunakee, WI 53597 November 26, 2008 550093

(Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)

end regulatory text

Dated: November 12, 2008.

Michael K. Buckley,

Acting Assistant Administrator, Mitigation Directorate, Department of Homeland Security,Federal Emergency Management Agency.

[FR Doc. E8-27492 Filed 11-18-08; 8:45 am]

BILLING CODE 9110-12-P

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