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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 Start Printed Page 36804the 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.

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.
Alabama: MadisonCity of Huntsville (08-04-1222P)May 9, 2008; May 16, 2008; Madison County RecordThe Honorable Loretta Spencer, Mayor, City of Huntsville, P.O. Box 308, Huntsville, AL 35804September 15, 2008010153
California: PlacerCity of Lincoln (07-09-0934P)May 21, 2008; May 28, 2008; Roseville Press-TribuneThe Honorable Primo Santini, Mayor, City of Lincoln, 640 Fifth Street, Lincoln, CA 95648September 25, 2008060241
California: PlacerUnincorporated areas of Placer County (07-09-0934P)May 21, 2008; May 28, 2008; Roseville Press-TribuneThe Honorable Jim Holmes, Chairman, Placer County, Board of Supervisors, 175 Fulweiler Avenue, Auburn, CA 95603September 25, 2008060239
California: ShastaUnincorporated areas of Shasta County (08-09-0622P)May 21, 2008; May 28, 2008; Valley PostThe Honorable Mark Cibula, Supervisor, District Two, Shasta County, 1450 Court Street, Suite 308B, Redding, CA 96001September 25, 2008060358
Florida: PolkCity of Winter Haven (07-04-5629P)May 7, 2008; May 14, 2008; Polk County DemocratThe Honorable Nathaniel Birdsong, Mayor, City of Winter Haven, P.O. Box 2277, Winter Haven, FL 33883September 11, 2008120271
Indiana: LakeTown of St. John (08-05-1094P)May 22, 2008; May 29, 2008; Post TribuneThe Honorable Michael S. Fryzel, Mayor, Town of St. John, 10955 West 93rd Avenue, St. John, IN 46373May 16, 2008180141
Kansas: SedgwickCity of Goddard (08-07-0155P)May 29, 2008; June 6, 2008; Wichita EagleThe Honorable Marcey Gregory, Mayor, City of Goddard, P.O. Box 667, Goddard, KS 67052May 21, 2008200500
Nevada: ClarkCity of Henderson (08-09-0980X)May 22, 2008; May 29, 2008; Las Vegas Review-JournalThe Honorable James B. Gibson, Mayor, City of Henderson, 240 South Water Street, Henderson, NV 89015September 17, 2008320005
Texas: BrazosUnincorporated areas of Brazos County (07-06-2185P)May 14, 2008; May 21, 2008; Bryan College Station EagleThe Honorable Amanda S. Matzke, Brazos County Judge, 300 East 26th Street, Suite 211, Bryan, TX 77803September 16, 2008481195
Texas: BrazosCity of Bryan (07-06-2185P)May 14, 2008; May 21, 2008; Bryan College Station EagleThe Honorable D. Mark Conlee, Mayor, City of Bryan, 300 South Texas Avenue, Bryan, TX 77803September 16, 2008480082
Texas: GillespieUnincorporated areas of Gillespie County (08-06-0677P)May 28, 2008; June 4, 2008; Fredericksburg Standard-Radio PostThe Honorable Mark Stroeher, Gillespie County Judge, 101 West Main Street, Fredericksburg, TX 78624October 3, 2008480696
Texas: LubbockCity of Lubbock (08-06-0728P)May 23, 2008; May 30, 2008; Lubbock Avalanche JournalThe Honorable David A. Miller, Mayor, City of Lubbock, P.O. Box 2000, Lubbock, TX 79457May 16, 2008480452
Texas: ParkerUnincorporated areas of Parker County (08-06-0872P)May 7, 2008; May 14, 2008; Weatherford DemocratThe Honorable Mark Riley, Parker County Judge, One Courthouse Square, Weatherford, TX 76086April 29, 2008480520
Texas: WilliamsonCity of Cedar Park (08-06-1336P)May 29, 2008; June 5, 2008; Round Rock LeaderThe Honorable Bob Lemon, Mayor, City of Cedar Park, 600 North Bell Boulevard, Cedar Park, TX 78613May 16, 2008481282
Wisconsin: KenoshaVillage of Pleasant Prairie (08-05-2135P)May 30, 2008; June 6, 2008; Kenosha NewsThe Honorable John Steinbrink, Village President, Village of Pleasant Prairie, 8640 88th Avenue, Pleasant Prairie, WI 53158May 16, 2008550613
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(Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)

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Dated: June 20, 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. E8-14709 Filed 6-27-08; 8:45 am]