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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 Start Printed Page 69565Act, 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: TuscaloosaUnincorporated areas of Tuscaloosa County (08-04-3997P)October 15, 2008; October 22, 2008; The Northport GazetteThe Honorable W. Hardy McCollum, Tuscaloosa County Probate Judge, 714 Greensboro Avenue, Tuscaloosa, AL 35401February 19, 2009010201
MaricopaCity of El Mirage (08-09-1516P)October 16, 2008; October 23, 2008; Arizona Business GazetteThe Honorable Fred Waterman, Mayor, City of El Mirage, P.O. Box 26, El Mirage, AZ 85335February 20, 2009040041
MaricopaUnincorporated areas of Maricopa County (08-09-1516P)October 16, 2008; October 23, 2008; Arizona Business GazetteThe Honorable Andrew W. Kunasek, Chairman, Maricopa County Board of Supervisors, 301 West Jefferson Street, 10th Floor, Phoenix, AZ 85003February 20, 2009040037
MaricopaCity of Phoenix (06-09-B582P)December 27, 2007; January 3, 2008; Arizona Business GazetteThe Honorable Phil Gordon, Mayor, City of Phoenix, 200 West Washington Street, 11th Floor, Phoenix, AZ 85003-1611April 3, 2008040051
MaricopaCity of Surprise (08-09-1516P)October 16, 2008; October 23, 2008; Arizona Business GazetteThe Honorable Lyn Truitt, Mayor, City of Surprise, 12425 West Bell Road, Surprise, AZ 85374February 20, 2009040053
California: San Luis ObispoCity of Atascadero (08-09-0724P)October 22, 2008; October 29, 2008; Atascadero NewsThe Honorable Tom O'Malley, Mayor, City of Atascadero, 6907 El Camino Real, Atascadero, CA 93422October 6, 2008060700
DouglasUnincorporated areas of Douglas County (08-08-0553P)October 2, 2008; October 9, 2008; Douglas County News-PressThe Honorable Melanie A. Worley, Chairman, Douglas County Board of Commissioners, 100 Third Street, Castle Rock, CO 80104February 6, 2009080049
DouglasTown of Parker (08-08-0553P)October 2, 2008; October 9, 2008; Douglas County News-PressThe Honorable David Casiano, Mayor, Town of Parker, 20120 East Main Street, Parker, CO 80138-7334February 6, 2009080310
El PasoUnincorporated areas of El Paso County (08-08-0630P)October 8, 2008; October 15, 2008; El Paso County AdvertiserThe Honorable Dennis Hisey, Chairman, El Paso County Board of Commissioners, 27 East Vermijo Avenue, Colorado Springs, CO 80903-2208September 24, 2008080059
Connecticut: FairfieldCity of Stamford (08-01-0709P)June 20, 2008; June 27, 2008; The AdvocateThe Honorable Dannel P. Malloy, Mayor, City of Stamford, 888 Washington Boulevard, Stamford, CT 06904May 30, 2008090015
Delaware: KentUnincorporated areas of Kent County (08-03-1557P)October 17, 2008; October 24, 2008; The News JournalThe Honorable P. Brooks Banta, President, Board of Commissioners, 555 Bay Road, Dover, DE 19901February 23, 2009100001
Florida: PolkCity of Lakeland (08-04-5418P)October 10, 2008; October 17, 2008; The LedgerThe Honorable Ralph L. Fletcher, Mayor, City of Lakeland, 228 South Massachusetts Avenue, Lakeland, FL 33801February 16, 2009120267
Georgia: ColumbiaUnincorporated areas of Columbia County (08-04-3896P)October 19, 2008; October 26, 2008; The Columbia County News TimesThe Honorable Ron C. Cross, Chairman, Columbia County Board of Commissioners, P.O. Box 498, Evans, GA 30809February 23, 2009130059
CookVillage of Barrington Hills (08-05-2649P)May 22, 2008; May 29, 2008; Barrington Courier ReviewThe Honorable Robert G. Abboud, President, Village of Barrington Hills, 112 Algonquin Road, Barrington Hills, IL 60010April 30, 2008170058
CookUnincorporated areas of Cook County (08-05-2074P)October 14, 2008; October 21, 2008; Southtown StarThe Honorable Todd H. Stroger, President, Cook County Board of Commissioners, 118 North Clark Street, Room 537, Chicago, IL 60602November 7, 2008170054
CookVillage of Ford Heights (08-05-2074P)October 14, 2008; October 21, 2008; Southtown StarThe Honorable Saul L. Beck, Mayor, Village of Ford Heights, 1343 Ellis Avenue, Ford Heights, IL 60411November 7, 2008170084
CookVillage of Sauk Village (08-05-2074P)October 14, 2008; October 21, 2008; Southtown StarThe Honorable Roger G. Peckham, Mayor, Village of Sauk Village, 21701 Torrence Avenue, Sauk Village, IL 60411November 7, 2008170157
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DupageVillage of Bensenville (08-05-0178P)October 15, 2008; October 22, 2008; Daily HeraldThe Honorable John C. Geils, President, Village of Bensenville, 12 South Center Street, Bensenville, IL 60106September 29, 2008170200
DupageVillage of Elk Grove (08-05-0178P)October 15, 2008; October 22, 2008; Daily HeraldThe Honorable Craig B. Johnson, Mayor, Village of Elk Grove, 901 Wellington Avenue, Elk Grove Village, IL 60007September 29, 2008170088
Maine: WaldoTown of Lincolnville (08-01-0911P)September 18, 2008; September 25, 2008; The Republican JournalThe Honorable Rosendel Gerry, Selectman, Town of Lincolnville, 493 Hope Road, Lincolnville, ME 04849August 29, 2008230172
Mississippi: MadisonUnincorporated areas of Madison County (07-04-5199P)August 14, 2008; August 21, 2008; Madison County JournalThe Honorable Timothy L. Johnson, President, Madison County Board of Supervisors, P.O. Box 608, Canton, MS 39046December 22, 2008280228
Missouri: PlatteUnincorporated areas of Platte County (08-07-1586P)October 15, 2008; October 22, 2008; The LandmarkMr. Tom Pryor, First District Commissioner, Platte County, Platte County Administrative Building, 415 Third Street, Suite 105, Platte City, MO 64079February 19, 2009290475
ClarkUnincorporated areas of Clark County (08-09-0253P)October 10, 2008; October 17, 2008; Las Vegas Review JournalThe Honorable Rory Reid, Chair, Clark County Board of Commissioners, 500 South Grand Central Parkway, Las Vegas, NV 89106September 26, 2008320003
ClarkUnincorporated areas of Clark County (08-09-0919P)October 10, 2008; October 17, 2008; Las Vegas Review JournalThe Honorable Rory Reid, Chair, Clark County Board of Commissioners, 500 South Grand Central Parkway, Las Vegas, NV 89106September 30, 2008320003
New York: SenecaTown of Seneca Falls (08-02-1344P)October 9, 2008; October 16, 2008; Reveille Between the LakesThe Honorable Duane Moore, Councilman, Town of Seneca Falls, 32 State Street, Seneca Falls, NY 13148April 2, 2009360756
Pennsylvania: YorkTownship of Dover (08-03-1498P)October 10, 2008; October 17, 2008; York Daily RecordThe Honorable Shane Patterson, Chairman, Board of Supervisors, Dover Township, 2480 West Canal Road, Dover, PA 17315September 30, 2008420920
South Carolina: RichlandUnincorporated areas of Richland County (08-04-5022P)October 10, 2008; October 17, 2008; The StateThe Honorable Joseph McEachern, Chairman, Richland County Council, Richland County Administrative Building, 2020 Hampton Street, Second Floor, Columbia, SC 29202February 16, 2009450170
WilliamsonCity of Brentwood (08-04-2646P)October 16, 2008; October 23, 2008; The TennesseanThe Honorable Joe Reagan, Mayor, City of Brentwood, P. O. Box 788, Brentwood, TN 37024February 20, 2009470205
WilliamsonUnincorporated areas of Williamson County (08-04-2646P)October 16, 2008; October 23, 2008; The TennesseanThe Honorable Rogers C. Anderson, Mayor, Williamson County, 1320 West Main Street, Suite 125, Franklin, TN 37064February 20, 2009470204
BastropCity of Bastrop (08-06-0048P)July 9, 2008; July 16, 2008; Elgin CourierThe Honorable Terry Orr, Mayor, City of Bastrop, P.O. Box 427, Bastrop, TX 78602November 13, 2008480022
BastropUnincorporated areas of Bastrop County (08-06-0048P)July 9, 2008; July 16, 2008; Elgin CourierThe Honorable Ronnie McDonald, Bastrop County Judge, 804 Pecan Street, Bastrop, TX 78602November 13, 2008481193
BexarCity of San Antonio (08-06-1356P)October 9, 2008; October 16, 2008; San Antonio Express NewsThe Honorable Phil Hardberger, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283September 24, 2008480045
TarrantCity of Fort Worth (08-06-2295P)October 9, 2008; October 16, 2008; Fort Worth Star TelegramThe Honorable Mike Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102February 13, 2009480596
TarrantCity of Keller (08-06-2436P)October 9, 2008; October 16, 2008; Fort Worth Star TelegramThe Honorable Pat McGrail, Mayor, City of Keller, P.O. Box 770, Keller, TX 76244February 13, 2009480602
Virginia: Independent CityCity of Lynchburg (08-03-0310P)July 18, 2008; July 25, 2008; The Lynchburg LedgerThe Honorable Joan F. Foster, 900 Church Street, Lynchburg, VA 24504November 21, 2008510093
Wisconsin: DaneVillage of Waunakee (08-05-1363P)August 14, 2008; August 21, 2008; Waunakee TribuneMr. Kim Wilde, Village Administrator, Village of Waunakee, 500 West Main Street, Waunakee, WI 53597November 26, 2008550093
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(Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)

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Dated: November 12, 2008.

Michael K. Buckley,

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

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[FR Doc. E8-27492 Filed 11-18-08; 8:45 am]