E6-22523. 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 Division Director 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 Section, Mitigation Division, 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.
Arkansas: Washington	City of Fayetteville 06-06-BA12P	November 9, 2006 November 16, 2006 Arkansas Democrat Gazette	The Honorable Dan Coody Mayor, City of Fayetteville 113 West Mountain Fayetteville, AR 72701	November 20, 2006	050216
California:	Sacramento	Unincorporated areas of Sacramento County (06-09-BD69P)	November 9, 2006 November 16, 2006 The Daily Territorial	The Honorable Roberta Macglashan Chair, Sacramento County Board of Supervisors 700 H Street, Suite 2450 Sacramento, CA 95814	December 1, 2006
Contra Costa	City of Oakley (06-09-BA94P)	November 16, 2006 November 23, 2006 Contra Costa Times	The Honorable Brad Nix Mayor, City of Oakley 3231 Main Street Oakley, CA 94561	February 22, 2007	060766
San Luis Obispo	City of Arroyo Grande (06-09-BA92P)	November 22, 2006 November 29, 2006 The Tribune	The Honorable Tony M. Ferrara Mayor, City of Arroyo Grande 215 East Branch Street Arroyo Grande, CA 93420	February 28, 2007	060305
Colorado:	Boulder	Town of Lyons (06-08-B252P)	November 22, 2006 November 29, 2006 The Daily Camera	The Honorable Tim Kyer Mayor, Town of Lyons P.O. Box 49 Lyons, CO 80540	February 28, 2007
Boulder	Unincorporated areas of Boulder County (06-08-B252P)	November 22, 2006 November 29, 2006 The Daily Camera	The Honorable Ben Pearlman Chairman, Boulder County Board of Commissioners P.O. Box 471 Boulder, CO 80306	February 28, 2007	080023
Delaware: Sussex	Unincorporated areas of Sussex County (05-03-A587P)	November 29, 2006 December 6, 2006 Delaware Wave	Mr. Robert L. Stickels County Administrator Sussex County No. 2 The Circle Georgetown, DE 19947	March 7, 2007	100029
Florida:	Duvall	City of Jacksonville (06-04-BL18P)	November 20, 2006 November 27, 2006 Jacksonville Daily Record	The Honorable John Peyton Mayor, City of Jacksonville 117 West Duval Street Jacksonville, FL 32202	October 31, 2006
Duvall	City of Jacksonville (06-04-BL19P)	November 27, 2006 December 4, 2006 Jacksonville Daily Record	The Honorable John Peyton Mayor, City of Jacksonville City Hall at St. James, Fourth Floor 117 West Duval Street Jacksonville, FL 32202	December 1, 2006	120077
Polk	City of Winter Haven (07-04-0025X)	November 9, 2006 November 16 2006 The Polk County Democrat	The Honorable Mike Easterling Mayor, City of Winter Haven 451 Third Street Northwest Winter Haven, FL 33881	October 19, 2006	120271
Georgia: Peach	Unincorporated areas of Peach County (06-04-BM78P)	October 25, 2006 November 1, 2006 The Leader Tribune	The Honorable James Khoury Chairman, Peach County Board of Commissioners 205 West Church Street, Suite 204 Fort Valley, GA 31030	January 25, 2007	130373
Maryland: Frederick	Unincorporated areas of Frederick County (06-03-B384P)	November 9, 2006 November 16, 2006 The Frederick News-Post	The Honorable John L. Thompson, Jr. President, Frederick County Board of County Commissioners Winchester Hall 12 East Church Street Frederick, MD 21701	February 15, 2007	240027
Mississippi: Rankin	City of Brandon (06-04-B977P)	August 16, 2006 August 23, 2006 Rankin County News	The Honorable Carlo Martella Mayor, City of Brandon P.O. Box 1539 Brandon, MS 39043	November 22, 2006	280143
Missouri: Warren	City of Wright City (06-07-B605P)	November 16, 2006 November 23, 2006 Warren County Record	The Honorable Eileen Klocke Mayor, City of Wright City P.O. Box 436 Wright City, MO 63390	February 22, 2007	290654
Missouri: Warren	Unincorporated areas of Warren County (06-07-B605P)	November 16, 2006 November 23, 2006 Warren County Record	The Honorable Fred Vahle Presiding Commissioner, Warren County Board of Commissioners 104 West Main Street, Suite B Warrenton, MO 63383	February 22, 2007	290443
South Dakota:	Brown	City of Aberdeen (06-08-B272P)	November 2, 2006 November 9, 2006 Aberdeen American News	The Honorable Mike Levsen Mayor, City of Aberdeen 123 South Lincoln Aberdeen, SD 57401	February 8, 2007
Brown	Unincorporated areas of Brown County (06-08-B272P)	November 2, 2006 November 9, 2006 Aberdeen American News	The Honorable Deb Knecht Chairman, Brown County Board of Commissioners 25 Market Street Aberdeen, SD 57401	February 8, 2007	460006
Tennessee: Hamilton	City of Chattanooga (05-04-3186P)	November 16, 2006 November 23, 2006 Chattanooga Times Free Press	The Honorable Ron Littlefield Mayor, City of Chattanooga 1001 Lindsay Street Chattanooga, TN 37402	February 22, 2007	370072
Texas:	Dallas	City of Hutchins (06-06-B194P)	November 22, 2006 November 29, 2006 The Daily Commercial Reocord	The Honorable Artis Johnson Mayor, City of Hutchins P.O. Box 500 Hutchins, TX 75141	February 28, 2007
Dallas	City of Wilmer (06-06-B194P)	November 22, 2006 November 29, 2006 The Daily Commercial Reocord	The Honorable Linda Root Mayor, City of Wilmer 128 North Dallas Avenue Wilmer, TX 75172	February 28, 2007	480190
El Paso	City of El Paso (06-06-B414P)	November 9, 2006 November 16, 2006 El Paso Times	The Honorable John Cook Mayor, City of El Paso Two Civic Center Plaza, 10th Floor El Paso, TX 79901	February 15, 2007	480214

(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”)

Dated: December 22, 2006.

David I. Maurstad,

Director Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security.