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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 changes to 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:

State and countyLocation and case No.Date and name of newspaper where notice was publishedChief executive officer of communityEffective date of modificationCommunity No.
CochiseUnincorporated areas of Cochise County (06-09-B939P)July 31, 2008; August 7, 2008; Sierra Vista HeraldThe Honorable Richard Searle, Chairman, Cochise County Board of Supervisors, 1415 West Melody Lane, Building G, Bisbee, AZ 85603September 2, 2008040012
CochiseCity of Sierra Vista (06-09-B939P)July 31, 2008; August 7, 2008; Sierra Vista HeraldThe Honorable Bob Strain, Mayor, City of Sierra Vista, 1011 North Coronado Drive, Sierra Vista, AZ 85635September 2, 2008040017
MaricopaCity of Glendale (08-09-1010P)August 7, 2008; August 14, 2008; The Glendale StarThe Honorable Elaine M. Scruggs, Mayor, City of Glendale, 5850 West Glendale Avenue, Glendale, AZ 85301December 12, 2008040045
PimaUnincorporated areas of Pima County (08-09-0454P)August 7, 2008; August 14, 2008; The Daily TerritorialThe Honorable Richard Elias, Chairman, Pima County Board of Supervisors, 130 West Congress, 11th Floor, Tucson, AZ 85701July 21, 2008040073
PimaCity of Tucson (08-09-0454P)August 7, 2008; August 14, 2008; The Daily TerritorialThe Honorable Bob Walkup, Mayor, City of Tucson, P.O. Box 27210, Tucson, AZ 85726July 21, 2008040076
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YavapaiCity of Prescott (08-09-0020P)August 21, 2008; August 28, 2008; Prescott Daily CourierThe Honorable Jack Wilson, Mayor, City of Prescott, 201 South Cortez Street, Prescott, AZ 86303December 26, 2008040098
California: San DiegoUnincorporated areas of San Diego County (08-09-0332P)August 18, 2008; August 25, 2008; San Diego Daily TranscriptMr. Ron Roberts, San Diego County Board of Supervisors, 1600 Pacific Highway, Room 335, San Diego, CA 92101December 23, 2008060284
CollierCity of Marco Island (08-04-4259P)August 14, 2008; August 21, 2008; Naples Daily NewsThe Honorable William D. Trotter, Chairman, City Council, City of Marco Island, 50 Bald Eagle Drive, Marco Island, FL 34145July 31, 2008120426
LeeUnincorporated areas of Lee County (08-04-2060P)August 13, 2008; August 20, 2008; Fort Meyer News PressThe Honorable Ray Judah, Chairman, Lee County Board of Commissioners, P.O. Box 398, Fort Myers, FL 33902August 29, 2008125124
Miami-DadeCity of Miami (08-04-2590P)August 15, 2008; August 22, 2008; Miami HeraldThe Honorable Manuel A. Diaz, Mayor, City of Miami, 3500 Pan American Drive, Miami, FL 33133July 31, 2008120650
BarrowUnincorporated areas of Barrow County (08-04-3647P)August 6, 2008; August 13, 2008; The Barrow County NewsThe Honorable Douglas H. Garrison, Chairman, Barrow County Board of Commissioners, 233 East Broad Street, Winder, GA 30680December 11, 2008130497
GwinnettCity of Duluth (08-04-3497P)August 14, 2008; August 21, 2008; Gwinnett Daily PostThe Honorable Nancy Harris, Mayor, City of Duluth, 3167 Main Street, Duluth, GA 30096August 12, 2008130098
Muscogee County Consolidated GovernmentCity of Columbus (08-04-4426P)May 22, 2008; May 29, 2008; Columbus Ledger-EnquirerThe Honorable Jim Wetherington, Mayor, City of Columbus—Muscogee County Consolidated Government, P.O. Box 1340, Columbus, GA 31902August 27, 2008135158
Illinois: WillVillage of Shorewood (08-05-1099P)August 12, 2008; August 19, 2008; The Herald NewsThe Honorable Richard E. Chapman, Village President, Village of Shorewood, One Towne Center Boulevard, Shorewood, IL 60404July 31, 2008170712
Massachusetts: EssexCity of Beverly (08-01-0002P)August 13, 2008; August 20, 2008; The Salem NewsThe Honorable William Scanlon, Jr., Mayor, City of Beverly, 191 Cabot Street, Beverly, MA 01915August 1, 2008250077
Montana: FlatheadUnincorporated areas of Flathead County (08-08-0149P)August 15, 2008; August 22, 2008; Daily Inter LakeThe Honorable Gary D. Hall, Chairman, Flathead County Board of Commissioners, 800 South Main Street, Kalispell, MT 59901July 31, 2008300023
North Carolina: AlamanceCity of Burlington (07-04-6274P)August 8, 2008; August 15, 2008; The Times-NewsThe Honorable Ronnie K. Wall, Mayor, City of Burlington, Municipal Building, P.O. Box 1358, 425 South Lexington Avenue, Burlington, North Carolina 27216December 15, 2008370002
South Carolina:
RichlandCity of Columbia (08-04-0847P)August 15, 2008; August 22, 2008; The Columbia StarThe Honorable Robert D. Coble, Mayor, City of Columbia, P.O. Box 147, Columbia, SC 29217August 30, 2008450172
RichlandCity of Forest Acres (08-04-0847P)August 15, 2008; August 22, 2008; The Columbia StarThe Honorable Frank Brunson, Mayor, City of Forest Acres, 5205 North Trenholm Road, Forest Acres, SC 29206August 30, 2008450174
RichlandUnincorporated areas of Richland County (08-04-2062P)August 22, 2008; August 29, 2008; The Columbia StarThe Honorable Joseph McEachern, Chairman, Richland County Council, Richland County Administrative Building, 2020 Hampton Street, Second Floor, Columbia, SC 29202July 31, 2008450170
Tennessee: KnoxUnincorporated areas of Knox County (08-04-3371P)August 13, 2008; August 20, 2008; The Knoxville News-SentinelThe Honorable Mike Ragsdale, Mayor, Knox County, 400 Main Street, Suite 615, Knoxville, TN 37902September 2, 2008475433
BexarUnincorporated areas of Bexar County (08-06-0467P)August 1, 2008; August 8, 2008; Daily Commercial RecorderThe Honorable Nelson W. Wolff, Bexar County Judge, 100 Dolorosa Street, Suite 1.20, San Antonio, TX 78205December 8, 2008480035
BexarCity of San Antonio (08-06-0206P)July 31, 2008; August 7, 2008; San Antonio Express NewsThe Honorable Phil Hardberger, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283December 5, 2008480045
DallasCity of Desoto (08-06-0205P)August 1, 2008; August 8, 2008; Focus Daily NewsThe Honorable Bobby Waddle, Mayor, City of Desoto, 211 East Pleasant Run Road, Desoto, TX 75115November 31, 2008480172
DentonCity of Denton (08-06-1636P)August 13, 2008; August 20, 2008; Denton Record-ChronicleThe Honorable Mark Burroughs, Mayor, City of Denton, 215 East Mckinney Street, Denton, TX 76201December 18, 2008480194
DentonUnincorporated areas of Denton County (08-06-1636P)August 13, 2008; August 20, 2008; Denton Record-ChronicleThe Honorable Mary Horn, Denton County Judge, 110 West Hickory Street, 2nd Floor, Denton, TX 76201December 18, 2008480774
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HarrisUnincorporated areas of Harris County (08-06-0268P)August 18, 2008; August 25, 2008; Houston ChronicleThe Honorable Ed Emmett, Harris County Judge, 1001 Preston Street, Suite 911, Houston, TX 77002December 23, 2008480287
Utah: DavisCity of Kaysville (08-08-0369P)August 21, 2008; August 28, 2008; Standard ExaminerThe Honorable Neka Roundy, Mayor, City of Kaysville, 23 East Center Street, Kaysville, UT 84037December 26, 2008490046
Virginia: FauquierUnincorporated areas of Fauquier County (08-03-0544P)August 13, 2008; August 20, 2008; Fauquier Times DemocratThe Honorable Chester Stribling, Chairman, Board of Supervisors, Fauquier County, 10 Hotel Street, Warrenton, VA 20186July 31, 2008510055

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

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Dated: September 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. E8-21689 Filed 9-16-08; 8:45 am]