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Changes in Flood Elevation Determinations

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Information about this document as published in the Federal Register.

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Federal Emergency Management Agency, DHS.


Interim rule.


This interim rule lists communities where modification of the Start Printed Page 270Base (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.


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 Division Director of FEMA reconsider the changes. The modified BFEs may be changed during the 90-day period.


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.

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William R. Blanton, Jr., Engineering Management Section, Mitigation Division, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-3151.

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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.

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List of Subjects in 44 CFR Part 65

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1. The authority citation for part 65 continues to read as follows:

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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.

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2. The tables published under the authority of § 65.4 are amended as follows:

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State and countyLocation and case No.Date and name of newspaper where notice was publishedChief executive officer of communityEffective date of modificationCommunity No.
Arkansas: WashingtonCity of Fayetteville 06-06-BA12PNovember 9, 2006 November 16, 2006 Arkansas Democrat GazetteThe Honorable Dan Coody Mayor, City of Fayetteville 113 West Mountain Fayetteville, AR 72701November 20, 2006050216
California:SacramentoUnincorporated areas of Sacramento County (06-09-BD69P)November 9, 2006 November 16, 2006 The Daily TerritorialThe Honorable Roberta Macglashan Chair, Sacramento County Board of Supervisors 700 H Street, Suite 2450 Sacramento, CA 95814December 1, 2006
Contra CostaCity of Oakley (06-09-BA94P)November 16, 2006 November 23, 2006 Contra Costa TimesThe Honorable Brad Nix Mayor, City of Oakley 3231 Main Street Oakley, CA 94561February 22, 2007060766
San Luis ObispoCity of Arroyo Grande (06-09-BA92P)November 22, 2006 November 29, 2006 The TribuneThe Honorable Tony M. Ferrara Mayor, City of Arroyo Grande 215 East Branch Street Arroyo Grande, CA 93420February 28, 2007060305
Colorado:BoulderTown of Lyons (06-08-B252P)November 22, 2006 November 29, 2006 The Daily CameraThe Honorable Tim Kyer Mayor, Town of Lyons P.O. Box 49 Lyons, CO 80540February 28, 2007
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BoulderUnincorporated areas of Boulder County (06-08-B252P)November 22, 2006 November 29, 2006 The Daily CameraThe Honorable Ben Pearlman Chairman, Boulder County Board of Commissioners P.O. Box 471 Boulder, CO 80306February 28, 2007080023
Delaware: SussexUnincorporated areas of Sussex County (05-03-A587P)November 29, 2006 December 6, 2006 Delaware WaveMr. Robert L. Stickels County Administrator Sussex County No. 2 The Circle Georgetown, DE 19947March 7, 2007100029
Florida:DuvallCity of Jacksonville (06-04-BL18P)November 20, 2006 November 27, 2006 Jacksonville Daily RecordThe Honorable John Peyton Mayor, City of Jacksonville 117 West Duval Street Jacksonville, FL 32202October 31, 2006
DuvallCity of Jacksonville (06-04-BL19P)November 27, 2006 December 4, 2006 Jacksonville Daily RecordThe Honorable John Peyton Mayor, City of Jacksonville City Hall at St. James, Fourth Floor 117 West Duval Street Jacksonville, FL 32202December 1, 2006120077
PolkCity of Winter Haven (07-04-0025X)November 9, 2006 November 16 2006 The Polk County DemocratThe Honorable Mike Easterling Mayor, City of Winter Haven 451 Third Street Northwest Winter Haven, FL 33881October 19, 2006120271
Georgia: PeachUnincorporated areas of Peach County (06-04-BM78P)October 25, 2006 November 1, 2006 The Leader TribuneThe Honorable James Khoury Chairman, Peach County Board of Commissioners 205 West Church Street, Suite 204 Fort Valley, GA 31030January 25, 2007130373
Maryland: FrederickUnincorporated areas of Frederick County (06-03-B384P)November 9, 2006 November 16, 2006 The Frederick News-PostThe Honorable John L. Thompson, Jr. President, Frederick County Board of County Commissioners Winchester Hall 12 East Church Street Frederick, MD 21701February 15, 2007240027
Mississippi: RankinCity of Brandon (06-04-B977P)August 16, 2006 August 23, 2006 Rankin County NewsThe Honorable Carlo Martella Mayor, City of Brandon P.O. Box 1539 Brandon, MS 39043November 22, 2006280143
Missouri: WarrenCity of Wright City (06-07-B605P)November 16, 2006 November 23, 2006 Warren County RecordThe Honorable Eileen Klocke Mayor, City of Wright City P.O. Box 436 Wright City, MO 63390February 22, 2007290654
Missouri: WarrenUnincorporated areas of Warren County (06-07-B605P)November 16, 2006 November 23, 2006 Warren County RecordThe Honorable Fred Vahle Presiding Commissioner, Warren County Board of Commissioners 104 West Main Street, Suite B Warrenton, MO 63383February 22, 2007290443
South Dakota:BrownCity of Aberdeen (06-08-B272P)November 2, 2006 November 9, 2006 Aberdeen American NewsThe Honorable Mike Levsen Mayor, City of Aberdeen 123 South Lincoln Aberdeen, SD 57401February 8, 2007
BrownUnincorporated areas of Brown County (06-08-B272P)November 2, 2006 November 9, 2006 Aberdeen American NewsThe Honorable Deb Knecht Chairman, Brown County Board of Commissioners 25 Market Street Aberdeen, SD 57401February 8, 2007460006
Tennessee: HamiltonCity of Chattanooga (05-04-3186P)November 16, 2006 November 23, 2006 Chattanooga Times Free PressThe Honorable Ron Littlefield Mayor, City of Chattanooga 1001 Lindsay Street Chattanooga, TN 37402February 22, 2007370072
Texas:DallasCity of Hutchins (06-06-B194P)November 22, 2006 November 29, 2006 The Daily Commercial ReocordThe Honorable Artis Johnson Mayor, City of Hutchins P.O. Box 500 Hutchins, TX 75141February 28, 2007
DallasCity of Wilmer (06-06-B194P)November 22, 2006 November 29, 2006 The Daily Commercial ReocordThe Honorable Linda Root Mayor, City of Wilmer 128 North Dallas Avenue Wilmer, TX 75172February 28, 2007480190
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El PasoCity of El Paso (06-06-B414P)November 9, 2006 November 16, 2006 El Paso TimesThe Honorable John Cook Mayor, City of El Paso Two Civic Center Plaza, 10th Floor El Paso, TX 79901February 15, 2007480214

(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”)

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Dated: December 22, 2006.

David I. Maurstad,

Director Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security.

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[FR Doc. E6-22523 Filed 1-3-07; 8:45 am]