E8-706. Changes in Flood Elevation Determinations

AGENCY:

Federal Emergency Management Agency, DHS.

ACTION:

Interim rule.

SUMMARY:

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.

DATES:

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.

ADDRESSES:

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.

FOR FURTHER INFORMATION CONTACT:

William R. Blanton, Jr., Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, [phone].

SUPPLEMENTARY INFORMATION:

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.

List of Subjects in 44 CFR Part 65

• Flood insurance
• Floodplains
• Reporting and recordkeeping requirements

Accordingly, 44 CFR part 65 is amended to read as follows:

PART 65—[AMENDED]

1. The authority citation for part 65 continues to read as follows:

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.

§ 65.4

[Amended]

2. The tables published under the authority of § 65.4 are amended as follows:

State and county	Location and case No.	Date and name of newspaper where notice was published	Chief executive officer of community	Effective date of modification	Community No.
Arizona: Mohave	City of Kingman (06-09-BH12P)	October 25, 2007; November 1, 2007; The Kingman Daily Miner	The Honorable Lester Byram, Mayor, City of Kingman, 310 North Fourth Street, Kingman, AZ 86401	February 7, 2008	040060
California:
San Diego	Unincorporated areas of San Diego County (07-09-1709P)	October 11, 2007; October 18, 2007; San Diego Daily Transcript	The Honorable Ron Roberts, Chairman, San Diego County Board of Supervisors, 1600 Pacific Highway, Room 335, San Diego, CA 92101	January 17, 2008	060284
Shasta	City of Anderson (07-09-1859P)	October 17, 2007; October 24, 2007; Tri-Valley Post	The Honorable Keith Webster, Mayor, City of Anderson, 1887 Howard Street, Anderson, CA 96007	January 22, 2008	060359
Stanislaus	Unincorporated areas of Stanislaus County (08-09-0041X)	October 18, 2007; October 25, 2007; The Modesto Bee	The Honorable William O'Brien, Chairman of the Board of Supervisors, 1010 Tenth Street, Suite 6500, Modesto, CA 95354	October 19, 2007	060384
Ventura	City of Simi Valley (07-09-1419P)	October 18, 2007; October 25, 2007; Ventura County Star	The Honorable Paul Miller, Mayor, City of Simi Valley, 2929 Tapo Canyon Road, Simi Valley, CA 93063	January 24, 2008	060421
Colorado:
El Paso	City of Colorado Springs (07-08-0414P)	October 10, 2007; October 17, 2007; El Paso County Advertiser and News	The Honorable Lionel Rivera, Mayor, City of Colorado Springs, P.O. Box 1575, Colorado Springs, CO 80901	January 16, 2008	080060
El Paso	Unincorporated areas of El Paso County (07-08-0414P)	October 10, 2007; October 17, 2007; El Paso County Advertiser and News	The Honorable Dennis Hisey, Chairman, El Paso County Board of Commissioners, 27 East Vermijo Avenue, Colorado Springs, CO 80903-2208	January 16, 2008	080059
Florida:
Sarasota	Unincorporated areas of Sarasota County (07-04-3837P)	October 11, 2007; October 18, 2007; Sarasota Herald-Tribune	The Honorable Nora Patterson, Chairman, Sarasota County Board of Commissioners, 1660 Ringling Boulevard, Sarasota, FL 34236	January 17, 2008	125144
St. Johns	Unincorporated areas of St. Johns County (07-04-5711P)	October 18, 2007; October 25, 2007; The St. Augustine Record	The Honorable Ben Rich, Chairman, Saint Johns County Board of Commissioners, 4020 Lewis Speedway, Saint Augustine, FL 32084	September 28, 2007	125147
Georgia: Athens-Clarke	Unincorporated areas of Athens-Clarke County (07-04-1274P)	October 5, 2007; October 12, 2007; Athens Banner-Herald	The Honorable Heidi Davison, Mayor, Athens-Clarke County, 235 Wells Drive, Athens, GA 30606	September 14, 2007	130040
Illinois:
St. Clair	City of Belleville (06-05-C230P)	October 18, 2007; October 25, 2007; Belleville News-Democrat	The Honorable Mark W. Eckert, Mayor, City of Belleville, 101 South Illinois Street, Belleville, IL 62220	January 24, 2008	170618
St. Clair	City of O'Fallon (07-05-4876P)	October 18, 2007; October 25, 2007; Bellenille News-Democrat	The Honorable Gary L. Graham, Mayor, City of O'Fallon, 255 South Lincoln Avenue, O'Fallon, IL 62269	September 28, 2007	170633
St. Clair	Unincorporated areas of St. Clair County (06-05-C230P)	October 18, 2007; October 25, 2007; Belleville News-Democrat	The Honorable Mark Kern, Chairman, St. Clair County Board of Supervisors, County Courthouse 10 Public Square, Belleville, IL 62220-1623	January 24, 2008	170616
Will	Village of Mokena (07-05-5016P)	October 11, 2007; October 18, 2007; The Herald News	The Honorable Joseph W. Werner, Village President, Village of Mokena, 11004 Carpenter Street, Mokena, IL 60448	September 21, 2007	170705
Maine: Waldo	City of Belfast (07-01-0609P)	August 11, 2007; August 16, 2007; The Republican Journal	Mr. Terrence St. Peter, City Manager, City of Belfast, 131 Church Street, Belfast, ME 04915	July 23, 2007	230129
Maryland: Cecil	Unincorporated areas of Cecil County (06-03-B926P)	October 18, 2007; October 25, 2007; Cecil Whig	The Honorable William C. Manlove, President, Cecil County Board of Commissioners, 107 North Street, Elkton, MD 21921	January 24, 2008	240019
Massachusetts:
Berkshire	City of Pittsfield (07-01-0973P)	October 18, 2007; October 25, 2007; The Berkshire Eagle	The Honorable James M. Ruberto, Mayor, City of Pittsfield, 70 Allen Street, Pittsfield, MA 01201	January 24, 2008	250037
Suffolk	City of Revere (07-01-0489P)	October 10, 2007; October 17, 2007; The Revere Journal	The Honorable Thomas G. Ambrosino, Mayor, City of Revere, City Hall, 281 Broadway, Revere, MA 02151	September 20, 2007	250288
Michigan: Oakland	Township of West Bloomfield (07-05-3615P)	October 17, 2007; October 24, 2007; Spinal Column Newsweekly	The Honorable David Flaisher, Supervisor, Township of West Bloomfield, P.O. Box 250130, West Bloomfield, MI 48325-0130	October 2, 2007	260182
Minnesota:
Benton	City of St. Cloud (06-05-B082P)	October 17, 2007; October 24, 2007; St. Cloud Times	The Honorable Dave Kleis, Mayor, City of Saint Cloud, 400 Second Street South, Saint Cloud, MN 56301	January 23, 2008	270019
Benton	City of Sauk Rapids (06-05-B082P)	October 17, 2007; October 24, 2007; Sauk Rapids Herald	The Honorable Mark Campbell, Mayor, City of Sauk Rapids, 914 Arbor Way, Sauk Rapids, MN 56379	January 23, 2008	270023
Benton	Unincorporated areas of Benton County (06-05-B082P)	October 17, 2007; October 24, 2007; Sauk Rapids Herald	The Honorable Dick Soyka, Chairman of Benton County, 531 Dewey Street, P.O. Box 129, Foley, MN 56329	January 23, 2008	270019
Hennepin	City of Brooklyn Park (07-05-2478P)	October 18, 2007; October 25, 2007; Brooklyn Park Sun	The Honorable Steve Lampi, Mayor, City of Brooklyn Park, 1209 88th Avenue North, Brooklyn Park, MN 55424	October 29, 2007	270152
Hennepin	City of Edina (07-05-4704P)	October 18, 2007; October 25, 2007; Edina Sun-Current	The Honorable James Hovland, Mayor, City of Edina, 4801 West 50th Street, Edina, MN 55424	September 28, 2007	270160
Hennepin	City of Hopkins (07-05-4704P)	October 18, 2007; October 25, 2007; Hopkins Sun-Sailor	The Honorable Eugene Maxwell, Mayor, City of Hopkins, 1010 First Street South, Hopkins, MN 55343	September 28, 2007	270166
Hennepin	City of St. Louis Park (07-05-4704P)	October 18, 2007; October 25, 2007; St. Louis Park Sun-Sailor	The Honorable Jeff Jacobs, Mayor, City of St. Louis Park, 7300 Metro Boulevard, Suite 300, Edina, MN 55437-2302	September 28, 2007	270184
Missouri:
St. Louis	City of Chesterfield (06-07-B578P)	October 11, 2007; October 18, 2007; The St. Louis Daily Record	The Honorable John Nations, Mayor, City of Chesterfield, 690 Chesterfield Parkway West, Chesterfield, MO 63017-0670	January 17, 2008	290896
St. Louis	City of Chesterfield (07-07-1386P)	October 11, 2007; October 18, 2007; The St. Louis Daily Record	The Honorable John Nations, Mayor, City of Chesterfield, 690 Chesterfield Parkway West, Chesterfield, MO 63017-0760	September 27, 2007	290896
St. Louis	Unincorporated areas of St. Louis County (06-07-B578P)	October 11, 2007; October 18, 2007; The St. Louis Daily Record	The Honorable Charlie A. Dooley; County Executive, St. Louis County, 41 South Central Avenue, Clayton, MO 63105	January 17, 2008	290327
Mississippi: DeSoto	City of Southaven (07-04-4518P)	October 25, 2007; November 1, 2007; DeSoto Times Today	The Honorable Charles G. Davis, Mayor, City of Southaven, 8710 Northwest Drive, Southaven, MS 38671	October 9, 2007	280331
Montana:
Richland	City of Sidney (07-08-0006P)	October 17, 2007; October 24, 2007; Sidney Herald	The Honorable Brett Smelser, Mayor, City of Sidney, 115 Second Street Southeast, Sidney, MT 59270	January 23, 2008	300065
Richland	Unincorporated areas of Richland County (07-08-0006P)	October 17, 2007; October 24, 2007; Sidney Herald	The Honorable Don Steppler, Chairman, Richland County Board of Commissioners, 201 West Main Street, Sidney, MT 59270	January 23, 2008	300165
Nebraska:
Hall	City of Grand Island (07-07-0780P)	October 18, 2007; October 25, 2007; The Grand Island Independent	The Honorable Margaret Hornady, Mayor, City of Grand Island, 100 East First Street, Grand Island, NE 68801	September 28, 2007	310103
Lancaster	City of Hickman (07-07-1852P)	October 25, 2007; November 1, 2007; Lincoln Journal Star	The Honorable Jim Hrouda, Mayor, City of Hickman, P.O. Box 127, Hickman, NE 68372	November 5, 2007	310136
North Carolina: Mecklenburg	Town of Huntersville (07-04-0542P)	October 15, 2007; October 22, 2007; The Charlotte Observer	The Honorable Kim Phillips, Mayor, Town of Huntersville, P.O. Box 667, Huntersville, NC 28078	January 21, 2008	370478
Ohio: Lake	Village of Perry (07-05-0261P)	October 25, 2007; November 1, 2007; The News-Herald	The Honorable Lee Lydic, Mayor, Village of Perry, P.O. Box 100, Perry, OH 44081	October 1, 2007	390320
Oklahoma:
Tulsa	City of Tulsa (07-06-2371P)	October 18, 2007; October 25, 2007; Tulsa World	The Honorable Kathy Taylor, Mayor, City of Tulsa, 200 Civic Center, Tulsa, OK 74103	January 24, 2008	405381
Tulsa	Unincorporated areas of Tulsa County (07-06-2371P)	October 18, 2007; October 25, 2007; Tulsa World	The Honorable Randi Miller, Chair, Tulsa County Board of Supervisors, 500 South Denver Avenue, Tulsa, OK 74103	January 24, 2008	400462
Pennsylvania:
Bucks	Township of Wrightstown (07-03-1222P)	October 18, 2007; October 25, 2007; Bucks County Courier Times	The Honorable Chester Pogonowski, Chairman, Board of Supervisors, Wrightstown Township, 2203 Second Street Pike, Wrightstown, PA 18940	September 24, 2007	421045
York	Township of Dover (07-03-0878P)	September 13, 2007; September 20, 2007; The York Dispatch	The Honorable Shane Patterson, Chairman, Board of Supervisors, Dover Township Municipal Building, 2480 West Canal Road, Dover, PA 17315	December 20, 2007	420920
South Carolina:
Horry	City of Conway (07-04-4404P)	October 18, 2007; October 25, 2007; Horry Independent	The Honorable Gregory K. Martin, Mayor, City of Conway, P.O. Box 1075, Conway, SC 29528	January 24, 2008	415106
Horry	Unincorporated areas of Horry County (07-04-4404P)	October 18, 2007; October 25, 2007; Horry Independent	The Honorable Liz Gilland, Council Chairman, Horry County, 1511 Elm Street, Conway, SC 29526	January 24, 2008	415104
Horry	Unincorporated areas of Horry County (07-04-5516P)	October 18, 2007; October 25, 2007; Horry Independent	The Honorable Liz Gilland, Council Chairman, Horry County, 1511 Elm Street, Conway, SC 29526	January 24, 2008	415104
Texas:
Cameron	Village of Laguna Vista (08-06-0039P)	October 18, 2007; October 25, 2007; The Brownsville Herald	The Honorable David Privett, Mayor, Village of Laguna Vista, 122 Fernandez Street, Laguna Vista, TX 78578	October 29, 2007	485483
Cameron	Unincorporated areas of Cameron County (08-06-0039P)	October 18, 2007; October 25, 2007; The Brownsville Herald	The Honorable Carlos H. Cascos, CPA, Cameron County Judge, 1100 East Monroe Street, Second Floor, Brownsville, TX 78520	October 29, 2007	480101
Collin	City of Allen (07-06-1312P)	October 18, 2007; October 25, 2007; The Allen American	The Honorable Stephen Terrell, Mayor, City of Allen, 305 Century Parkway, Allen, TX 75013	January 17, 2008	480131
Collin	City of Murphy (07-06-0453P)	October 17, 2007; October 24, 2007; Wylie News	The Honorable Bret Baldwin, Mayor, City of Murphy, 206 North Murphy Road, Murphy, TX 75094	January 23, 2008	480137
Collin	City of Plano (07-06-0947P)	October 11, 2007; October 18, 2007; Plano Star Courier	The Honorable Pat Evans, Mayor, City of Plano, 1520 Avenue K, Plano, TX 75074	January 17, 2008	480140
Collin	City of Plano (07-06-1312P)	October 18, 2007; October 25, 2007; Plano Star Courier	The Honorable Pat Evans, Mayor, City of Plano, 1520 Avenue K, Plano, TX 75074	January 17, 2008	480140
Hays	City of Buda (07-06-1313P)	October 17, 2007; October 24, 2007; Hays Free Press	The Honorable Bobby Lane, Mayor Pro-Tem, City of Buda, 217 Arikara Street, Buda, TX 78610	January 23, 2008	481640
Travis	Unincorporated areas of Travis County (07-06-0940P)	October 18, 2007; October 25, 2007; Austin American-Statesman	The Honorable Samuel T. Biscoe, Travis County Judge, 314 West 11th Street, Suite 520, Austin, TX 78701	January 24, 2008	481026
Virginia: Independent City	City of Winchester (07-03-1291P)	October 18, 2007; October 25, 2007; The Winchester Star	The Honorable Elizabeth Minor, Mayor, City of Winchester, 422 National Avenue, Winchester, VA 22601	January 24, 2008	510173
West Virginia: Jefferson	Unincorporated areas of Jefferson County (07-03-0242P)	October 18, 2007; October 25, 2007; The Journal	The Honorable Frances Morgan, President, Jefferson County Commission, Post Office Box 250, Charles Town, WV 25414	January 24, 2008	540065

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

Dated: January 3, 2008.

David I. Maurstad,

Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency.