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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 Start Printed Page 76233pursuant 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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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.
PinalCity of Maricopa (07-09-1819P)October 26, 2008; November 2, 2008; Casa Grande DispatchThe Honorable Anthony Smith, Major, City of Maricopa, P.O. Box 610, Maricopa, AZ 85239March 3, 2009040052
PinalUnincorporated areas of Pinal County (07-09-1819P)October 26, 2008; November 2, 2008; Casa Grande DispatchThe Honorable Lionel D. Ruiz, Chairman, Pinal County, Board of Supervisors, P.O. Box 827, Florence, AZ 85232March 3, 2009040077
Arkansas: PulaskiCity of Little Rock (08-06-2112P)November 4, 2008; November 11, 2008; Arkansas Democrat GazetteThe Honorable Mark Stodola, Mayor, City of Little Rock, 500 West Markham Street, Suite 203, Little Rock, AR 72201October 29, 2008050181
ArapahoeUnincorporated areas of Arapahoe County (08-08-0760P)November 14, 2008; November 21, 2008; Rocky Mountain NewsThe Honorable Susan Beckman, Chairman, Arapahoe County, Board of Commissioners, 5334 South Prince Street, Littleton, CO 80166-0001March 23, 2009080011
BoulderCity of Boulder (08-08-0701P)October 24, 2008; October 31, 2008; The Daily CameraThe Honorable Shaun McGrath, Mayor, City of Boulder, P.O. Box 791, Boulder, CO 80306October 10, 2008080024
BoulderUnincorporated areas of Boulder County (08-08-0701P)October 24, 2008; October 31, 2008; The Daily CameraThe Honorable Ben Pearlman, Chairman, Boulder County, Board of Commissioners, P.O. Box 471, Boulder, CO 80306October 10, 2008080023
DenverCity and County of Denver (08-08-0760P)November 14, 2008; November 21, 2008; Rocky Mountain NewsThe Honorable John W. Hickenlooper, Mayor, City and County of Denver, 1437 Bannock Street, Suite 350, Denver, CO 80202March 23, 2009080046
DouglasTown of Parker (08-08-0810P)October 30, 2008; November 6, 2008; Douglas County News PressThe Honorable David Casiano, Mayor, Town of Parker, 20120 East Main Street, Parker, CO 80138-7334March 6, 2009080310
Connecticut: New HavenTown of Branford (08-01-1042P)November 13, 2008; November 20, 2008; The SoundThe Honorable Anthony DaRos, First Selectman, Town of Branford, 1019 Main Street, Branford, CT 06405October 31, 2008090073
New CastleUnincorporated areas of New Castle County (08-03-0143P)November 12, 2008; November 19, 2008; The News JournalThe Honorable Christopher Coons, County Executive, New Castle County, 87 Read's Way, New Castle, DE 19720October 31, 2008105085
New CastleCity of Wilmington (08-03-0143P)November 12, 2008; November 19, 2008; The News JournalThe Honorable James M. Baker, Mayor, City of Wilmington, 800 North French Street, Wilmington, DE 19801October 31, 2008100028
BayUnincorporated areas of Bay County (08-04-2649P)October 31, 2008; November 7, 2008; The News HeraldThe Honorable Jerry L. Girvin, Chairman, Bay County Board of Commissioners, 810 West Eleventh Street, Panama City, FL 32401March 9, 2009120004
BayCity of Panama City Beach (08-04-2649P)October 31, 2008; November 7, 2008; The News HeraldThe Honorable Gayle Oberst, Mayor, City of Panama City Beach, 110 South Arnold Road, Panama City Beach, FL 32413March 9, 2009120013
CollierCity of Naples (08-04-4493P)October 22, 2008; October 29, 2008; Naples Daily NewsThe Honorable Bill Barnett, Mayor, City of Naples, 735 Eighth Street South, Naples, FL 34102October 15, 2008125130
Georgia: Muscogee County Consolidated GovernmentCity of Columbus—Muscogee County Consolidated Government (08-04-3155P)May 21, 2008; May 29, 2008; The Columbus TimesThe Honorable Jim Wetherington, Mayor, City of Columbus—Muscogee County Consolidated Government, P.O. Box 1340, Columbus, GA 31902August 25, 2008135158
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Minnesota: OlmstedCity of Oronoco (08-05-3390P)November 12, 2008; November 19, 2008; The News RecordThe Honorable Scott Keigley, Mayor, City of Oronoco, P.O. Box 195, Oronoco, MN 55960October 31, 2008270330
Nevada: ElkoCity of Elko (08-09-0345P)October 24, 2008; October 31, 2008; Elko Daily Free PressThe Honorable Michael J. Franzoia, Mayor, City of Elko, 1751 College Avenue, Elko, NV 89801March 2, 2009320010
New Jersey: PassaicTownship of Little Falls (08-02-0616P)April 4, 2008; April 11, 2008; Herald NewsThe Honorable Eugene Kulick, Mayor, Township of Little Falls, 225 Main Street, Little Falls, NJ 07424August 11, 2008340401
South Carolina: LexingtonUnincorporated areas of Lexington County (08-04-1961P)October 29, 2008; November 5, 2008; The StateThe Honorable William C. Derrik, Chairman, Lexington County Council, 2241 Ridge Road, Leesville, SC 29070March 5, 2009450129
BellCity of Killeen (07-06-1831P)October 30, 2008; November 6, 2008; Killeen Daily HeraldThe Honorable Timothy L. Hancock, Mayor, City of Killeen, P.O. Box 1329, Killeen, TX 76540March 6, 2009480031
BexarUnincorporated areas of Bexar County (07-06-2018P)October 31, 2008; November 7, 2008; San Antonio Express NewsThe Honorable Nelson W. Wolff, Bexar County Judge, 100 Dolorosa Street, Suite 120, San Antonio, TX 78205March 9, 2009480035
BexarCity of San Antonio (07-06-2018P)October 31, 2008; November 7, 2008; San Antonio Express NewsThe Honorable Phil Hardberger, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283March 9, 2009480045
JohnsonCity of Burleson (08-06-0984P)November 5, 2008; November 12, 2008; Burleson StarThe Honorable Kenneth Shetter, Mayor, City of Burleson, 141 West Renfro Street, Burleson, TX 76028March 12, 2009485459
KendallCity of Boerne (08-06-1974P)October 14, 2008; October 21, 2008; The Boerne StarThe Honorable Dan Heckler, Mayor, City of Boerne, P.O. Box 1677, Boerne, TX 78006September 24, 2008480418
TravisCity of Austin (08-06-2992P)November 12, 2008; November 19, 2008; Austin American StatesmanThe Honorable Will Wynn, Mayor, City of Austin, P.O. Box 1088, Austin, TX 78767October 31, 2008480624
WebbCity of Laredo (08-06-0322P)July 4, 2008; July 11, 2008; Laredo Morning TimesThe Honorable Raul G. Salinas, Mayor, City of Laredo, 1110 Houston Street, Laredo, TX 78040November 10, 2008480651
Utah: WashingtonCity of St. George (08-08-0509P)July 3, 2008; July 10, 2008; The SpectrumThe Honorable Daniel D. McArthur, Mayor, City of St. George, 175 East 200 North, St. George, UT 84770November 7, 2008490177

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

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Dated: December 5, 2008.

Michael K. Buckley,

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

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[FR Doc. E8-29776 Filed 12-15-08; 8:45 am]