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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.Start Printed Page 63077

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 in 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.
MaricopaTown of Cave Creek (08-09-0722P)September 17, 2008; September 24, 2008; Sonoran NewsThe Honorable Vincent Francia, Mayor, Town of Cave Creek, 5140 East New River Road, Cave Creek, AZ 85331January 22, 2009040129
Santa CruzUnincorporated areas of Santa Cruz County (07-09-1052P)September 5, 2008; September 12, 2008; Nogales InternationalThe Honorable Manny Ruiz, Chairman, Santa Cruz County, Board of Supervisors, 2150 North Congress Drive, Nogales, AZ 85621January 12, 2009040090
YavapaiUnincorporated areas of Yavapai County (08-09-1638P)September 17, 2008; September 24, 2008; Prescott Daily CourierThe Honorable Chip Davis, Chairman, Yavapai County, Board of Supervisors, 1015 Fair Street, Prescott, AZ 86305October 6, 2008040093
Florida: SarasotaUnincorporated areas of Sarasota County (08-04-1962P)September 12, 2008; September 19, 2008; Sarasota Herald-TribuneThe Honorable Shannon Staub, Chair, Sarasota County Commission, 1660 Ringling Boulevard, Sarasota, FL 34236January 20, 2009125144
Athens-ClarkeUnincorporated areas of Sarasota County (08-04-4142P)September 12, 2008; September 19, 2008; Athens Banner HeraldThe Honorable Heidi Davison, Mayor, Athens-Clarke County, 235 Wells Drive, Athens, GA 30606August 29, 2008130040
DeKalbUnincorporated areas of DeKalb County (08-04-3686P)September 18, 2008; September 25, 2008; The ChampionThe Honorable Vernon Jones, Chief Executive Officer, DeKalb County, 1300 Commerce Drive, Decatur, GA 30030August 29, 2008130065
Idaho: BlaineUnincorporated areas of Blaine County (08-10-0169P)September 17, 2008; September 24, 2008; Idaho Mountain ExpressThe Honorable Tom Bowman, Chairman, Blaine County Board of Commissioners, 206 First Street South, Suite 300, Hailey, ID 83333August 29, 2008165167
Illinois: DuPageVillage of Lisle (08-05-3888P)September 16, 2008; September 23, 2008; Daily HeraldThe Honorable Joseph Broda, Mayor, Village of Lisle, 925 Burlington Avenue, Lisle, IL 60532January 21, 2009170211
New Mexico: Dona AnaCity of Las Cruces (08-06-1760P)September 5, 2008; September 12, 2008; Las Cruces BulletinThe Honorable Ken Miyagishima, Mayor, City of Las Cruces, P.O. Box 20000, Las Cruces, NM 88004August 25, 2008355332
North Carolina: OrangeOrange County (Unincorporated Areas) (08-04-1666P)August 15, 2008; August 22, 2008; Chapel Hill HeraldMr. Barry Jacobs, Chair, Board of Commissioners, Orange County, 2105 Moorefields Road, Hillsborough, North Carolina 27278December 22, 2008370342
FranklinCity of Columbus (07-05-3141P)August 21, 2008; August 28, 2008; The Columbus DispatchThe Honorable Michael B. Coleman, Mayor, City of Columbus, 90 West Broad Street, Columbus, OH 43215December 26, 2008390170
FranklinUnincorporated areas of Franklin County (07-05-3141P)August 21, 2008; August 28, 2008; The Columbus DispatchThe Honorable Mary Jo Kilroy, President, Franklin County Board of Commissioners, 373 South High Street, 26th Floor, Columbus, OH 43215December 26, 2008390167
FranklinCity of Grove City (07-05-3141P)August 21, 2008; August 28, 2008; The Columbus DispatchThe Honorable Richard L. Stage, Mayor, City of Grove City, 4035 Broadway Street, Grove City, OH 43123December 26, 2008390173
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Oregon: Multnomah, Clackamas, and WashingtonCity of Portland (08-10-0276P)September 16, 2008; September 23, 2008; Daily Journal of CommerceThe Honorable Tom Potter, Mayor, City of Portland, 1221 Southwest Fourth Avenue, Suite 340, Portland, OR 97204January 21, 2009410183
BexarCity of San Antonio (07-06-2565P)September 5, 2008; September 12, 2008; San Antonio Express NewsTHe Honorable Phil Hardberger, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283January 12, 2009480045
CollinTown of Prosper (08-06-0479P)September 11, 2008; September 18, 2008; Dallas Morning NewsThe Honorable Charles Niswanger, Mayor, Town of Prosper, P.O. Box 307, Prosper, TX 75078August 29, 2008480141
Tarrant and DentonCity of Fort Worth (08-06-2456P)September 5, 2008; September 12, 2008; Fort Worth Star-TelegramThe Honorable Mike J. Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102August 19, 2008480596
JohnsonCity of Burleson (08-06-0660P)August 6, 2008; August 13, 2008; Burleson StarThe Honorable Kenneth Shetter, Mayor, City of Burleson, 141 West Renfro Street, Burleson, TX 76028December 11, 2008485459
TarrantCity of Euless (08-06-0770P)April 4, 2008; April 11, 2008; Colleyville CourierThe Honorable Mary Saleh, Mayor, City of Euless, 201 North Ector Drive, Euless, TX 76039August 11, 2008480593
TarrantCity of Fort Worth (07-06-0534P)September 5, 2008; September 12, 2008; Fort Worth Star-TelegramThe Honorable Mike J. Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102January 12, 2009480596
TravisCity of Austin (08-06-1041P)September 16, 2008; September 23, 2008; Austin American-StatesmanThe Honorable Will Wynn, Mayor, City of Austin, P.O. Box 1088, Austin, TX 78767January 21, 2009480624
Washington: KingCity of Burien (07-10-0686P)September 8, 2008; September 15, 2008; The Seattle TimesThe Honorable Joan McGilton, Mayor, City of Burien, 15811 Ambaum Boulevard Southwest, Suite C, Burien, WA 98168January 13, 2009530321

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

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Dated: October 9, 2008.

Michael K. Buckley,

Acting Assistant Administrator, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency.

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[FR Doc. E8-25265 Filed 10-22-08; 8:45 am]