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Rule

Changes in Flood Elevation Determinations

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AGENCY:

Federal Emergency Management Agency, DHS.

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.

DATES:

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:

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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FOR FURTHER INFORMATION CONTACT:

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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SUPPLEMENTARY INFORMATION:

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.

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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Accordingly,

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PART 65—[AMENDED]

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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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[Amended]
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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.
California:
San DiegoCity of Escondido (07-09-1345P)July 24, 2008; July 31, 2008; San Diego TranscriptThe Honorable Lori Holt Pfeiler, Mayor, City of Escondido, 201 North Broadway, Escondido, CA 92025November 28, 2008060290
San DiegoCity of San Diego (08-09-1015P)July 10, 2008; July 17, 2008; San Diego TranscriptThe Honorable Jerry Sanders, Mayor, City of San Diego, 202 C Street, 11th Floor, San Diego, CA 92101June 30, 2008060295
Colorado:
ArapahoeUnincorporated areas of Arapahoe County (08-08-0536P)July 17, 2008; July 24, 2008; Aurora SentinelThe Honorable Susan Beckman, Chair, Arapahoe County Board of Commissioners, 5334 South Prince Street, Littleton, CO 80166-0001November 21, 2008080011
ArapahoeCity of Aurora (08-08-0536P)July 17, 2008; July 24, 2008; Aurora SentinelThe Honorable Ed Tauer, Mayor, City of Aurora, 15151 East Alameda Parkway, Aurora, CO 80012November 21, 2008080002
ArapahoeCity of Centennial (08-08-0536P)July 17, 2008; July 24, 2008; Aurora SentinelThe Honorable Randy Pye, Mayor, City of Centennial, City of Centennial Office, 12503 East Euclid Drive, Suite 200, Centennial, CO 80111November 21, 2008080315
ArapahoeCity of Cherry Hills Village (08-08-0414P)July 4, 2008; July 11, 2008; The Englewood HeraldThe Honorable Mike Wozniak, Mayor, City of Cherry Hills Village, 2450 East Quincy Avenue, Cherry Hills Village, CO 80113November 11, 2008080013
Florida:
CharlotteCity of Punta Gorda (08-04-4040P)July 17, 2008; July 24, 2008; Charlotte SunThe Honorable Larry Friedman, Mayor, City of Punta Gorda, 326 West Marion Avenue, Punta Gorda, FL 33950June 30, 2008120062
MonroeUnincorporated areas of Monroe County (08-04-0421P)July 10, 2008; July 17, 2008; Key West CitizenThe Honorable Mario DiGennaro, Mayor, Monroe County, Florida Keys Marathon Airport, 9400 Overseas Highway, Suite 210, Marathon, FL 33050June 30, 2008125129
MonroeUnincorporated areas of Monroe County (08-04-3795P)July 10, 2008; July 17, 2008; Key West CitizenThe Honorable Mario DiGennaro, Mayor, Monroe County, Florida Keys Marathon Airport, 9400 Overseas Highway, Suite 210, Marathon, FL 33050June 30, 2008125129
PolkCity of Winter Haven, (08-04-2591P)July 17, 2008; July 24, 2008; Winter Haven News ChiefThe Honorable Nathaniel Birdsong, Jr., Mayor, City of Winter Haven, 451 Third Street, Northwest, Winter Haven, FL 33881November 21, 2008120271
SumterCity of Wildwood (08-04-0921P)July 17, 2008; July 24, 2008; Sumter County TimesThe Honorable Ed Wolf, Mayor, City of Wildwood, 100 North Main Street, Wildwood, FL 34785June 30, 2008120299
Georgia: ColumbiaUnincorporated areas of Columbia County (08-04-0423P)July 27, 2008; August 3, 2008; Columbia County News-TimesThe Honorable Ron C. Cross, Chairman, Columbia County, Board of Commissioners, P.O. Box 498, Evans, GA 30809December 2, 2008130059
Indiana: MarionCity of Indianapolis (08-05-2727P)July 8, 2008; July 15, 2008; Indianapolis StarThe Honorable Gregory A. Ballard, Mayor, City of Indianapolis, 200 East Washington Street, Indianapolis, IN 46204June 25, 2008180159
Kansas: JohnsonCity of Overland Park (08-07-0908P)July 9, 2008; July 16, 2008; The Overland Park SunThe Honorable Carl R. Gerlach, Mayor, City of Overland Park, 10084 Hemlock Drive, Overland Park, KS 66212June 30, 2008200174
Maryland:
CarrollUnincorporated areas of Carroll County (08-03-0973P)July 31, 2008; August 7, 2008; Carroll County TimesThe Honorable Julia Gouge, Commissioner, Carroll County, 225 North Center Street, Westminster, MD 21157December 5, 2008240015
CarrollCity of Westminster (08-03-0973P)July 31, 2008; August 7, 2008; Carroll County TimesThe Honorable Thomas K. Ferguson, Mayor, City of Westminster, 1838 Emerald Hill Lane, Westminster, MD 21158December 5, 2008240018
WashingtonUnincorporated areas of Washington County (08-03-0660P)June 4, 2008; June 11, 2008; The Herald-MailThe Honorable John Barr, President, Washington County Commissioners, 100 West Washington Street, Room 226, Hagerstown, MD 21740October 9, 2008240070
Massachusetts: SuffolkCity of Boston (08-01-1020P)July 24, 2008; July 31, 2008; Boston HeraldThe Honorable Thomas Menino, Mayor, City of Boston, One City Hall Square, Boston, MA 02201December 5, 2008250286
Michigan: MacombTownship of Macomb (08-05-1867P)July 16, 2008; July 23, 2008; The Macomb Daily and Daily TribuneThe Honorable John D. Brennan, Township Supervisor, Township of Macomb, 54111 Broughton Road, Macomb, MI 48042July 2, 2008260445
Mississippi: DeSotoCity of Olive Branch (08-04-2647P)July 31, 2008; August 7, 2008; DeSoto Times TodayThe Honorable Samuel P. Rikard, Mayor, City of Olive Branch, 9200 Pigeon Roost Road, Olive Branch, MS 38654July 18, 2008280286
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New Mexico:
SandovalTown of Bernalillo (08-06-0693P)July 17, 2008; July 24, 2008; Santa Fe New MexicanThe Honorable Patricia A. Chavez, Mayor, Town of Bernalillo, P.O. Box 638, Bernalillo, NM 87004November 21, 2008350056
SandovalCity of Rio Rancho (08-06-0693P)July 17, 2008; July 24, 2008; Santa Fe New MexicanThe Honorable Thomas E. Swisstack, Mayor, City of Rio Rancho, 3200 Civic Center Circle, Northeast, Rio Rancho, NM 87144November 21, 2008350146
SandovalUnincorporated areas of Sandoval County (08-06-0693P)July 17, 2008; July 24, 2008; Santa Fe New MexicanThe Honorable Joshua Madalena, Chairman, Sandoval County Commission, Sandoval County Courthouse, 711 Camino Del Pueblo, Bernalillo, NM 87004November 21, 2008350055
New York: New YorkCity of New York (08-02-0948P)July 17, 2008; July 24, 2008; New York TimesThe Honorable Michael R. Bloomberg, Mayor, City of New York, One Centre Street, New York, NY 10007September 29, 2008360497
Oklahoma:
OklahomaCity of Edmond (08-06-0227P)July 16, 2008; July 23, 2008; The Edmond SunThe Honorable Daniel R. O'Neil, Mayor, City of Edmond, P.O. Box 2970, Edmond, OK 73083July 30, 2008400252
TulsaCity of Tulsa (08-06-1820P)June 26, 2008; July 3, 2008; Tulsa WorldThe Honorable Kathryn L. Taylor, Mayor, City of Tulsa, 200 Civic Center, Tulsa, OK 74103October 31, 2008405381
South Dakota: PenningtonCity of Rapid City (08-08-0211P)June 25, 2008; July 2, 2008; Hill City Prevailer-NewsThe Honorable Alan Hanks, Mayor, City of Rapid City, 300 Sixth Street, Rapid City, SD 57701October 30, 2008465420
Texas:
HarrisUnincorporated areas of Harris County (08-06-0795P)July 2, 2008; July 9, 2008; Houston ChronicleThe Honorable Ed Emmett, Harris County Judge, 1001 Preston Street, Suite 911, Houston, TX 77002June 25, 2008480287
TarrantCity of Grapevine (07-06-0439P)May 30, 2008; June 6, 2008; Grapevine CourierThe Honorable William D. Tate, Mayor, City of Grapevine, P.O. Box 95104, Grapevine, TX 76099September 4, 2008480598
Utah: UintahUnincorporated areas of Uintah County (08-08-0264P)July 22, 2008; July 29, 2008; Uintah Basin StandardThe Honorable Mike McKee, Chairman, Uintah County, Board of Commissioners, 152 East 100 North, Vernal, UT 84078November 26, 2008490147
Virginia:
FrederickUnincorporated areas of Frederick County (08-03-1051P)July 28, 2008; August 4, 2008; The Winchester StarThe Honorable Richard C. Shickle, Chairman At-Large, Frederick County, Board of Supervisors, 292 Green Spring Road, Winchester, VA 22603December 2, 2008510063
FrederickCity of Winchester (08-03-1051P)July 28, 2008; August 4, 2008; The Winchester StarThe Honorable Elizabeth Minor, Mayor, City of Winchester, 231 East Piccadilly Street, Suite 310, Winchester, VA 22601December 2, 2008510173
Independent CityCity of Winchester (08-03-0972P)July 3, 2008; July 10, 2008; The Winchester StarThe Honorable Elizabeth Minor, Mayor, City of Winchester, 231 East Piccadilly Street, Suite 310, Winchester, VA 22601October 31, 2008510173

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

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Dated: August 26, 2008.

Michael K. Buckley,

Deputy Assistant Administrator for Mitigation, Department of Homeland Security, Federal Emergency Management Agency.

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[FR Doc. E8-20825 Filed 9-9-08; 8:45 am]

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