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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 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.
FresnoUnincorporated areas of Fresno County, (07-09-1791P)August 26, 2008; September 2, 2008; The Fresno BeeThe Honorable Henry Perea, Chairman, Fresno County Board of Supervisors, 2281 Tulare Street, Room 300, Fresno, CA 93721June 16, 2008065029.
SacramentoCity of Folsom, (07-09-1657P)September 17, 2008; September 24, 2008; The Folsom TelegraphThe Honorable Eric King, Mayor, City of Folsom, 50 Natoma Street, Folsom, CA 95630January 15, 2009060263.
DouglasUnincorporated areas of Douglas County, (08-08-0334P)September 4, 2008; September 11, 2008; Douglas County News-PressThe Honorable Melanie A. Worley, Chair, Douglas County Board of Commissioners, 100 Third Street, Castle Rock, CO 80104January 9, 2009080049.
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DouglasUnincorporated areas of Douglas County, (08-08-0607P)September 4, 2008; September 11, 2008; Douglas County News-PressThe Honorable Melanie A. Worley, Chairman, Douglas County Board of Commissioners, 100 Third Street, Castle Rock, CO 80104August 21, 2008080049.
DouglasTown of Parker, (08-08-0334P)September 4, 2008; September 11, 2008; Douglas County News-PressThe Honorable David Casiano, Mayor, Town of Parker, 20120 East Main Street, Parker, CO 80138-7334January 9, 2009080310.
Illinois: LakeCity of Park City, (08-05-3860P)September 26, 2008; October 2, 2008; Lake County News-SunThe Honorable Steve Pannell, Mayor, City of Park City, 3420 Kehm Boulevard, Park City, IL 60085February 2, 2009170386.
Maine: LincolnTown of Southport, (08-01-0451P)September 18, 2008; September 25, 2008; Boothbay RegisterThe Honorable Gerald Gamage, First Selectman, Town of Southport, P.O. Box 149, Southport, ME 04576August 26, 2008230221.
Massachusetts: WorcesterTown of Westborough, (08-01-0865P)September 16, 2008; September 23, 2008; Worcester Telegram & GazetteThe Honorable George Thompson, Chairman, Town of Westborough Board of Selectmen, 34 West Main Street, Westborough, MA 01581September 26, 2008250344.
Nevada: ClarkUnincorporated areas of Clark County, (07-09-0831P)September 23, 2008; September 30, 2008; Las Vegas Review-JournalThe Honorable Rory Reid, Chair, Clark County Board of Commissioners, 500 South Grand Central Parkway, Las Vegas, NV 89106October 14, 2008320003.
FranklinUnincorporated areas of Franklin County, (08-05-0337P)August 20, 2008; August 27, 2008; Hilliard NewsThe Honorable Mary Jo Kilroy, Commissioner, Franklin County, 373 South High Street, 26th Floor, Columbus, OH 43215August 4, 2008390167.
FranklinCity of Hilliard, (08-05-0337P)August 20, 2008; August 27, 2008; Hilliard NewsThe Honorable Donald J. Schonhardt, Mayor, City of Hilliard, 3800 Municipal Way, Hilliard, OH 43026August 4, 2008390175.
South Carolina: SumterUnincorporated areas of Sumter County, (08-04-5092P)September 10, 2008; September 17, 2008; The ItemThe Honorable William T. Noonan, Sumter County Administrator, 13 East Canal Street, Sumter, SC 29150January 15, 2009450182.
BexarCity of San Antonio, (07-06-0824P)June 26, 2008; July 3, 2008; San Antonio Express NewsThe Honorable Phil Hardberger, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283June 19, 2008480045.
MontgomeryUnincorporated areas of Montgomery County (07-06-0641P)September 23, 2008; September 30, 2008; Conroe CourierThe Honorable Alan B. Sadler, Montgomery County Judge, 301 North Thompson Street, Suite 210, Conroe, TX 77301January 28, 2009480483.
MontgomeryCity of Panorama Village (07-06-0641P)September 23, 2008; September 30, 2008; Conroe CourierThe Honorable Howard Kravetz, Mayor, City of Panorama Village, 98 Hiwon Drive, Panorama Village, TX 77304January 28, 2009481263.

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

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Dated: October 27, 2008.

Michael K. Buckley,

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

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[FR Doc. E8-26305 Filed 11-4-08; 8:45 am]