E9-76. 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 to 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.
California:
Humboldt	City of Eureka (08-09-0189P), (08-09-0941P)	April 10, 2008; April 18, 2008; The Eureka Reporter	The Honorable Nancy Flemming, Mayor, City of Eureka, 531 K Street, Eureka, CA 95501	August 18, 2008	060062
Santa Barbara	Unincorporated areas of Santa Barbara County (08-09-0425P)	October 24, 2008; October 31, 2008; Santa Barbara News Press	The Honorable Salud Carbajal, Chairman, Santa Barbara County Board of Supervisors, 105 East Anapamu Street, Santa Barbara, CA 93101	March 2, 2009	060331
San Bernardino	City of San Bernardino (07-09-1656P)	February 14, 2008; February 21, 2008; San Bernardino County Sun	The Honorable Patrick J. Morris, Mayor, City of San Bernardino, 300 North “D” Street, San Bernardino, CA 92418	January 31, 2008	060281
Colorado:
Arapahoe	City of Littleton (08-08-0251P)	November 13, 2008; November 20, 2008; Littleton Independent	The Honorable Doug Clark, Mayor, City of Littleton, 2255 West Berry Avenue, Littleton, CO 80165	March 20, 2009	080017
Douglas	Unincorporated areas of Douglas County (07-08-0862P)	February 14, 2008; February 21, 2008; Douglas County News Press	The Honorable Steven A. Boand, Chairman, Douglas County Board of Commissioners, 100 Third Street, Castle Rock, CO 80104	May 22, 2008	080049
El Paso	Unincorporated areas of El Paso County (08-08-0381P)	November 26, 2008; December 3, 2008; Tri Lakes Tribune	The Honorable Dennis Hisey, Chairman, El Paso County Board of Commissioners, 27 East Vermijo Avenue, Colorado Springs, CO 80903	April 2, 2009	080059
El Paso	Town of Monument (08-08-0381P)	November 26, 2008; December 3, 2008; Tri Lakes Tribune	The Honorable Catherine Green, Manager, Town of Monument, P.O. Box 325, Monument, CO 80132	April 2, 2009	080064
Jefferson	City of Westminster (08-08-0666P)	November 13, 2008; November 20, 2008; Westminster Window	The Honorable Nancy McNally, Mayor, City of Westminster, 4800 West 92nd Avenue, Westminster, CO 80031	March 20, 2009	080008
Mesa	City of Fruita (08-08-0501P)	November 14, 2008; November 21, 2008; The Daily Sentinel	The Honorable Ken Henry, Mayor, City of Fruita, 325 East Aspen Avenue, Fruita, CO 81521	October 31, 2008	080194
Mesa	Unincorporated areas of Mesa County (08-08-0501P)	November 14, 2008; November 21, 2008; The Daily Sentinel	The Honorable Craig J. Meis, Commissioner, District 1, Mesa County Board of Commissioners, P.O. Box 20000, Grand Junction, CO 81502	October 31, 2008	080115
Florida:
Dixie	Town of Horseshoe Beach (08-04-0954P), (08-04-2115X)	January 31, 2008; February 7, 2008; Dixie County Advocate	The Honorable George T. Kight, Mayor, Town of Horseshoe Beach, P.O. Box 86, Horseshoe Beach, FL 32648	March 19, 2008	120326
Orange	City of Orlando (08-04-3498P)	November 13, 2008; November 20, 2008; Orlando Weekly	The Honorable John Dyer, Mayor, City of Orlando, P.O. Box 4990, Orlando, FL 32802	March 20, 2009	120186
Walton	Unincorporated areas of Walton County (08-04-3897P)	November 13, 2008; November 20, 2008; The DeFuniak Springs Herald Breeze	The Honorable Larry Jones, Chairman, Walton County Board of Commissioners, 117 Montgomery Circle, DeFuniak Springs, FL 32435	March 20, 2009	120317
Hawaii: Honolulu	City and County of Honolulu (08-09-0558P)	July 14, 2008; July 21, 2008; Honolulu Star Bulletin	The Honorable Mufi Hannemann, Mayor, City and County of Honolulu, 530 South King Street, Room 300, Honolulu, HI 96813	November 18, 2008	150001
Kansas:
Reno	City of Hutchinson (08-07-0175P)	November 12, 2008; November 19, 2008; The Hutchinson News	The Honorable Trish Rose, Mayor, City of Hutchinson, P.O. Box 1567, Hutchinson, KS 67504	October 31, 2008	200283
Reno	Unincorporated areas of Reno County (08-07-0175P)	November 12, 2008; November 19, 2008; The Hutchinson News	Mr. Larry Sharp, Chair, Reno County Commission, Reno County Courthouse, 206 West First Avenue, Hutchinson, KS 67501	October 31, 2008	200567
Sedgwick	City of Wichita (09-07-0232P)	November 24, 2008; December 1, 2008; The Wichita Eagle	The Honorable Carl Brewer, Mayor, City of Wichita, 455 North Main Street, Wichita, KS 67202	November 14, 2008	200328
Maryland: Carroll	Unincorporated areas of Carroll County (08-03-0921P)	November 12, 2008; November 19, 2008; Carroll County Times	The Honorable Julia Gouge, Commissioner, Carroll County Commissioners, 225 North Center Street, Westminster, MD 21157	March 19, 2009	240015
North Carolina:
Wake	City of Raleigh (08-04-0177P)	November 12, 2008; November 19, 2008; The News and Observer	The Honorable Charles Meeker, Mayor, City of Raleigh, P.O. Box 590, Raleigh, NC 27602	March 19, 2009	370243
Wake	Town of Knightdale (08-04-0177P)	November 12, 2008; November 19, 2008; Eastern Wake News	The Honorable Russell B. Killen, Mayor, Town of Knightdale, 1103 Belfry Drive, Knightdale, NC 27545	March 19, 2009	370241
Wake	Unincorporated areas of Wake County (08-04-0177P)	November 12, 2008; November 19, 2008; The News and Observer	Mr. David C. Cooke, Manager, Wake County, P.O. Box 550, Raleigh, NC 27602	March 19, 2009	370368
Oklahoma: Carter	City of Ardmore (08-06-1238P)	July 17, 2008; July 24, 2008; Daily Ardmoreite	The Honorable Martin Dyer, Mayor, City of Ardmore, P.O. Box 249, Ardmore, OK 73402	November 21, 2008	400031
South Carolina:
Beaufort	Unincorporated areas of Beaufort County (08-04-4422P)	November 21, 2008; November 28, 2008; The Beaufort Gazette	The Honorable Gary T. Kubic, Beaufort County Administrator, P.O. Box 1228, Beaufort, SC 29901-1228	March 30, 2009	450025
Jasper	Town of Hardeeville (08-04-4422P)	November 19, 2008; November 26, 2008; Jasper County Sun	The Honorable Bronco Bostick, Mayor, Town of Hardeeville, 205 East Main Street, Hardeeville, SC 29927	March 30, 2009	450113
Jasper	Unincorporated areas of Jasper County (08-04-4422P)	November 19, 2008; November 26, 2008; Jasper County Sun	The Honorable George Hood, Chairman, Jasper County Council, P.O. Box 1149, Ridgeland, SC 29936	March 30, 2009	450112
Tennessee:
Sumner	City of Gallatin (08-04-5293P)	November 13, 2008; November 20, 2008; The Gallatin Newspaper	The Honorable Jo Ann Graves, Mayor, City of Gallatin, 132 West Main Street, Gallatin, TN 37066	March 20, 2009	470185
Williamson	City of Spring Hill (07-04-6295P)	September 2, 2008; September 9, 2008; The Daily Herald	The Honorable Danny M. Laverette, Mayor, City of Spring Hill, 199 Town Center Parkway, Spring Hill, TN 37174	August 22, 2008	470278
Texas:
Bexar	City of San Antonio (08-06-1354P)	November 12, 2008; November 19, 2008; San Antonio Express News	The Honorable Phil Hardberger, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283	March 19, 2009	480045
Brazos	City of College Station (08-06-2506P)	November 14, 2008; November 21, 2008; Bryan College Station Eagle	The Honorable Ben White, Mayor, City of College Station, P.O. Box 9960, College Station, TX 77842	March 23, 2009	480083
Denton	Town of Northlake (07-06-2017P)	November 13, 2008; November 20, 2008; Fort Worth Star Telegram and Denton Record Chronicle	The Honorable Robin Young, Mayor, Town of Northlake, 1301 FM 407, Northlake, TX 76247	March 20, 2009	480782
Tarrant	City of Arlington (07-06-0980P)	March 6, 2008; March 13, 2008; Star Telegram	The Honorable Robert Cluck, M.D., Mayor, City of Arlington, 101 West Abram Street, Arlington, TX 76004-0231	July 11, 2008	485454
Tarrant	City of Fort Worth (07-06-2017P)	November 13, 2008; November 20, 2008; Fort Worth Star Telegram and Denton Record Chronicle	The Honorable Mike J Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102	March 20, 2009	480596
Tarrant	City of Fort Worth (07-06-0931P)	May 1, 2008; May 8, 2008; Fort Worth Star Telegram	The Honorable Mike J Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102	April 28, 2008	480596
Tarrant	City of Fort Worth (08-06-0062P)	August 21, 2008; August 28, 2008; Fort Worth Star Telegram	The Honorable Mike J Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102	December 26, 2008	480596
Tarrant	City of Fort Worth (08-06-0542P)	May 1, 2008; May 8, 2008; Fort Worth Star Telegram	The Honorable Mike J Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102	September 11, 2008	480596
Tarrant	City of Fort Worth (07-06-1996P), (08-06-2520P)	August 21, 2008; August 28, 2008; Fort Worth Star Telegram	The Honorable Mike J Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102	December 26, 2008	480596
Tarrant	City of Fort Worth (08-06-1494P)	July 24, 2008; July 31, 2008; Fort Worth Star Telegram	The Honorable Mike J Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102	November 21, 2008	480596
Tarrant	Unincorporated areas of Tarrant County (08-06-0542P)	May 1, 2008; May 8, 2008; Fort Worth Star Telegram	The Honorable B. Glen Whitley, Tarrant County Judge, 100 East Weatherford Street, Suite 501, Fort Worth, TX 76196	September 11, 2008	480582
Tarrant	Unincorporated areas of Tarrant County (08-06-1494P)	July 24, 2008; July 31, 2008; Fort Worth Star Telegram	The Honorable Glen Whitley, Tarrant County Judge, 100 East Weatherford, Suite 501, Fort Worth, TX 76196	November 21, 2008	480582
Wisconsin:
Dunn	Village of Boyceville (07-05-5620P)	November 19, 2008; November 26, 2008; Tribune Press Reporter	The Honorable Gilbert Krueger, President, Village of Boyceville, 903 Main Street, Boyceville, WI 54725	March 26, 2009	550119
Juneau	Unincorporated areas of Juneau County (08-05-2953P)	November 13, 2008; November 20, 2008; The Messenger of Juneau County	The Honorable Alan Peterson, Chairman, Juneau County, N3161 Highway G, Mauston, WI 53948	December 2, 2008	550580
Juneau	Village of Union Center (08-05-2953P)	November 13, 2008; November 20, 2008; The Messenger of Juneau County	The Honorable Darold Minett, Mayor, Village of Union Center, P.O. Box 96, Union Center, WI 53962	December 2, 2008	550207
Juneau	Village of Wonewoc (08-05-2953P)	November 13, 2008; November 20, 2008; The Messenger of Juneau County	The Honorable Kevin Jennings, President, Village of Wonewoc, P.O. Box 37, Wonewoc, WI 53968	December 2, 2008	550208

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

Dated: December 24, 2008.

Michael K. Buckley,

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