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Changes in Flood Elevation Determinations

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Federal Emergency Management Agency, DHS.


Interim rule.


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.


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.


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 Branch, Mitigation Directorate, 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 changed 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. Start Printed Page 35078

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.
MadisonCity of Huntsville (08-04-1223P)May 2, 2008; May 9, 2008; Madison County RecordThe Honorable Loretta Spencer, Mayor, City of Huntsville, 308 Fountain Circle, Huntsville, AL 35801April 29, 2008010153
MontgomeryUnincorporated areas of Montgomery County (07-04-6294P)March 7, 2008; March 14, 2008; Montgomery AdvertiserThe Honorable Todd Strange, Chairman, Montgomery County Commission, P.O. Box 1667, Montgomery, AL 36102-1667July 14, 2008010278
MaricopaUnincorporated areas of Maricopa County (07-09-1830P)April 10, 2008; April 17, 2008; Arizona Business GazetteThe Honorable Andrew W. Kunasek, Chairman, Maricopa County, Board of Supervisors, 301 West Jefferson Street, 10th Floor, Phoenix, AZ 85003April 1, 2008040037
MaricopaTown of Queen Creek (07-09-1830P)April 10, 2008; April 17, 2008; Arizona Business GazetteThe Honorable Art Sanders, Mayor, Town of Queen Creek, 22350 South Ellsworth Road, Queen Creek, AZ 85242April 1, 2008040132
MohaveCity of Kingman (08-09-0713P)May 14, 2008; May 21, 2008; Kingman Daily MinerThe Honorable Lester Byram, Mayor, City of Kingman, 310 North Fourth Street, Kingman, AZ 86401September 18, 2008040060
MohaveUnincorporated areas of Mohave County (08-09-0713P)May 14, 2008; May 21, 2008; Kingman Daily MinerThe Honorable Pete Byers, Chairman, Mohave County, Board of Supervisors 700 West Beale Street, Kingman, AZ 86401September 18, 2008040058
PimaCity of Tucson (07-09-1087P)April 10, 2008; April 17, 2008; Daily TerritorialThe Honorable Bob Walkup, Mayor, City of Tucson, P.O. Box 27210, Tucson, AZ 85726May 4, 2008040076
YavapaiTown of Prescott Valley (07-09-1850P)May 22, 2008; May 29, 2008; Prescott Daily CourierThe Honorable Harvey C. Skoog, Mayor, Town of Prescott Valley ,7501 East Civic Circle, Prescott Valley, AZ 86314May 9, 2008040121
YavapaiUnincorporated areas of Yavapai County (07-09-1850P)May 22, 2008; May 29, 2008; Prescott Daily CourierThe Honorable Carol Springer, Chairman, Yavapai County, Board of Supervisors 1015 Fair Street, Prescott, AZ 86305May 9, 2008040093
Arkansas: PulaskiCity of North Little Rock (08-06-1262P)May 17, 2008; May 24, 2008; Arkansas Democrat GazetteThe Honorable Patrick H. Hays, Mayor, City of North Little Rock, 300 Main Street, North Little Rock, AR 72114May 6, 2008050182
California: SacramentoUnincorporated areas of Sacramento (08-09-0022P)April 24, 2008; May 1, 2008; Daily RecorderThe Honorable Jimmie Yee, Chairman, Sacramento County, Board of Supervisors, 700 H Street, Suite 2450, Sacramento, CA 95814August 29, 2008060262
Colorado: DouglasTown of Castle Rock (08-08-0159P)May 15, 2008; May 22, 2008; Douglas County News-PressThe Honorable Randy Reed, Mayor, Town of Castle Rock, 100 North Wilcox Street, Castle Rock, CO 80104September 19, 2008080050
Delaware: KentUnincorporated areas of Kent County (08-03-0601P)May 21, 2008; May 28, 2008; Dover PostThe Honorable P. Brooks Banta, President, Kent County, 555 Bay Road, Dover, DE 19901September 18, 2008100001
Florida: SarasotaCity of Sarasota (08-04-3096P)May 16, 2008; May 23, 2008; Herald TribuneThe Honorable Lou Ann Palmer, Mayor, City of Sarasota, 1565 First Street, Room 101, Sarasota, FL 34236April 30, 2008125150
Hawaii: MauiUnincorporated areas of Maui County (07-09-0822P)April 3, 2008; April 10, 2008; Maui NewsThe Honorable Charmaine Tavares, Mayor, County of Maui, 200 South High Street, Ninth Floor, Wailuku, HI 96793March 25, 2008150003
Idaho: BonnevilleUnincorporated areas of Bonneville County (08-10-0105P)April 4, 2008; April 11, 2008; Post RegisterThe Honorable Lee Staker, Chairman, Bonneville County, Board of Commissioners, 605 North Capital Avenue, Idaho Falls, ID 83402March 27, 2008160027
Minnesota: SherburneCity of Elk River (08-05-0592P)April 16, 2008; April 23, 2008; Star NewsThe Honorable Stephanie Klinzing, Mayor, City of Elk River, 13065 Orono Parkway, Elk River, MN 55330August 15, 2008270436
St. LouisTown of Huntleigh (08-07-0367P)May 17, 2008; May 24, 2008; The CountianThe Honorable Paul Von Gontard, Mayor, Town of Huntleigh, One City Center, Suite 15002845, South Lindbergh Boulevard, St. Louis, MO 63101September 19, 2008290359
St. LouisCity of Ladue (08-07-0367P)May 17, 2008; May 24, 2008; The CountianThe Honorable Irene Holmes, Mayor, City of Ladue, 9345 Clayton Road, St. Louis, MO 63124September 19, 2008290363
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New York: RocklandTown of Clarkstown (08-02-0127P)May 22, 2008; May 29, 2008; Rockland County TimesThe Honorable Alexander J. Gromack, Supervisor, Town of Clarkstown, Ten Maple Avenue, New City, NY 10956November 18, 2008360679
FranklinCity of Columbus (07-05-1194P)April 10, 2008; April 17, 2008; Columbus DispatchThe Honorable Michael B. Coleman, Mayor, City of Columbus, 90 West Broad Street, Columbus, OH 43215August 18, 2008390170
FranklinUnincorporated areas of Franklin County (07-05-1194P)April 10, 2008; April 17, 2008; Columbus DispatchThe Honorable Marilyn Brown, President, Franklin County, Board of Commissioners, 373 South High Street, 26th Floor, Columbus, OH 43215August 18, 2008390167
WarrenCity of Middletown (08-05-0820P)May 1, 2008; May 8, 2008; Pulse-JournalThe Honorable Larry Mulligan, Jr., Mayor, City of Middletown, One Donham Plaza, Middletown, OH 45042September 5, 2008390040
South Carolina: JasperTown of Hardeeville (08-04-3462P)May 9, 2008; May 16, 2008; Beaufort GazetteThe Honorable A. Brooks Willis, Mayor, Town of Hardeeville, 205 East Main Street, Hardeeville, SC 29927September 15, 2008450113
DavidsonMetropolitan Government of Nashville and Davidson County (08-04-0256P)May 12, 2008; May 19, 2008; The TennesseanThe Honorable Karl Dean, Mayor, Metropolitan Government of Nashville and Davidson County, 100 Metropolitan Courthouse, Nashville, TN 37201September 15, 2008470040
KnoxUnincorporated areas of Knox County (08-04-3041P)May 15, 2008; May 21, 2008; Knoxville News-SentinelThe Honorable Mike Ragsdale, Mayor, Knox County, 400 Main Street, Suite 615, Knoxville, TN 37902April 30, 2008475433
BexarUnincorporated areas of Bexar County (08-06-0794P)May 22, 2008; May 29, 2008; San Antonio Express-NewsThe Honorable Nelson W. Wolff, Bexar County Judge, 100 Dolorosa Street, Suite 120, San Antonio, TX 78205September 19, 2008480035
BexarCity of San Antonio (08-06-0040P)May 5, 2008; May 12, 2008; San Antonio Express-NewsThe Honorable Phil Hardberger, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283April 28, 2008480045
HaysCity of Kyle (08-06-0338P)May 7, 2008; May 14, 2008; Hays Free PressThe Honorable Miguel Gonzalez, Mayor, City of Kyle, 116 Fall Creek Drive, Kyle, TX 78640September 11, 2008481108
MontgomeryUnincorporated areas of Montgomery County (07-06-1592P)May 14, 2008; May 21, 2008 Montgomery County NewsThe Honorable Alan B. Sadler, Montgomery County Judge, 310 North Thompson Street, Suite 210, Conroe, TX 77301May 30, 2008480483
WilliamsonCity of Round Rock (07-06-2411P)May 13, 2008; May 20, 2008; Round Rock LeaderThe Honorable Nyle Maxwell, Mayor, City of Round Rock, 221 East Main Street, Round Rock, TX 78664September 17, 2008481048
Utah: Salt LakeUnincorporated areas of Salt Lake County (08-08-0060P)May 2, 2008; May 9, 2008; Salt Lake TribuneThe Honorable Peter Corroon,Mayor, Salt Lake County, 2007 South State Street, Salt Lake City, UT 84190-1020September 8, 2008490102
Wisconsin: WashingtonVillage of Germantown (08-05-2438P)May 6, 2008; May 13, 2008; West Bend Daily NewsThe Honorable Thomas Kempinski, President, Village of Germantown, W169 N11504 Biscayne Drive, Germantown, WI 53022September 10, 2008550472

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

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Dated: June 10, 2008.

David I. Maurstad,

Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency.

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[FR Doc. E8-13931 Filed 6-19-08; 8:45 am]