E7-19840. 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 Section, 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.
Alabama:
Montgomery	City of Montgomery (07-04-2575P)	August 9, 2007; August 16, 2007; The Montgomery Advertiser	The Honorable Bobby N. Bright, Mayor, City of Montgomery, P.O. Box 1111, Montgomery, AL 36101	July 25, 2007	010174
Montgomery	Unincorporated areas of Montgomery County (07-04-2575P)	August 9, 2007; August 16, 2007; The Montgomery Advertiser	The Honorable Todd Strange, Chairman, Montgomery County Board of Commissioners, 100 South Lawrence Street, Montgomery, AL 36104	July 25, 2007	010278
Arizona:
Pima	Town of Marana (06-09-BA80P)	July 19, 2007; July 26, 2007; Arizona Daily Star	The Honorable Ed Honea, Mayor, Town of Marana, Marana Municipal Complex, 11555 West Civic Center Drive, Marana, AZ 85653	July 5, 2007	040118
Yavapai	Town of Prescott Valley (07-09-0558P)	July 19, 2007; July 26, 2007; Prescott Daily Courier	The Honorable Harvey Skoog, Mayor, Town of Prescott Valley, 7501 East Civic Circle, Prescott Valley, AZ 86314	October 25, 2007	040121
Yavapai	Unincorporated areas of Yavapai County (07-09-0558P)	July 19, 2007; July 26, 2007; Prescott Daily Courier	The Honorable Chip Davis, Chairman, Yavapai County Board of Supervisors, 10 South Sixth Street, Cottonwood, AZ 86326	October 25, 2007	040093
Yavapai	Unincorporated areas of Yavapai County (07-09-0736P)	July 19, 2007; July 26, 2007; Prescott Daily Courier	The Honorable Chip Davis, Chairman, Yavapai County Board of Commissioners, 10 South Sixth Street, Cottonwood, AZ 86326	June 27, 2007	040093
California:
Contra Costa	City of Pittsburg (06-09-BG10P)	August 9, 2007; August 16, 2007; Contra Costa Times	The Honorable Ben Johnson, Mayor, City of Pittsburg, 65 Civic Avenue, Pittsburg, CA 94565	November 15, 2007	060033
Orange	City of Huntington Beach (07-09-1170P)	August 16, 2007; August 23, 2007; Huntington Beach Independent	The Honorable Gil Coerper, Mayor, City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648	July 30, 2007	065034
Sacramento	Unincorporated areas of Sacramento County (06-09-B222P)	August 30, 2007; September 6, 2007; The Daily Recorder	The Honorable Don Nottoli, Chairman, Sacramento County Board of Supervisors, 700 H Street, Suite 2450, Sacramento, CA 95814	December 6, 2007	060262
Sacramento	Unincorporated areas of Sacramento County (06-09-BF61P)	August 16, 2007; August 23, 2007; The Daily Recorder	The Honorable Don Nottoli, Chair, Sacramento County Board of Supervisors, 700 H Street, Suite 2450, Sacramento CA 95814	November 22, 2007	060262
Santa Barbara	Unincorporated areas of Santa Barbara County (07-09-0164P)	July 19, 2007; July 26, 2007; Santa Barbara News-Press	The Honorable Brooks Firestone, Chairman, Santa Barbara County Board of Supervisors, 105 East Anapamu Street, Santa Barbara, CA 93101	October 25, 2007	060331
Sonoma	Town of Windsor (07-09-1484X)	July 12, 2007; July 19, 2007; The Press Democrat	The Honorable Steve Allen, Mayor, Town of Windsor, P.O. Box 100, Windsor, CA 95492	October 18, 2007	060761
Colorado:
Broomfield	City and County of Broomfield (07-08-0461P)	July 18, 2007; July 25, 2007; The Broomfield Enterprise	The Honorable Karen Stuart, Mayor, City and County of Broomfield, One DesCombe Drive, Broomfield, CO 80020	June 29, 2007	085073
Delaware:
Kent	Unincorporated areas of Kent County (07-03-1056P)	August 22, 2007; August 29, 2007; Dover Post	The Honorable P. Brooks Banta, President, Kent County Board of Commissioners, 555 Bay Road, Dover, DE 19901	November 28, 2007	100001
New Castle	Unincorporated areas of New Castle County (07-03-0823P)	July 13, 2007; July 20, 2007; Newark Post	The Honorable Chris Coons, New Castle County Executive, 87 Read's Way, New Castle, DE 19720	October 19, 2007	105085
New Castle	Unincorporated areas of New Castle County (07-03-0845P)	August 31, 2007; September 7, 2007; Newark Post	The Honorable Christopher Coons, County Executive, New Castle County, 87 Reads Way Corporate Commons, New Castle, DE 19801	December 7, 2007	105085
Georgia:
Columbia	Unincorporated areas of Columbia County (07-04-1277P)	July 18, 2007; July 25, 2007; Columbia County News-Times	The Honorable Ron C. Cross, Chairman, Columbia County Board of Commissioners, P.O. Box 498, Evans, GA 30809	October 24, 2007	130059
Columbia	Unincorporated areas of Columbia County (07-04-1923P)	July 18, 2007; July 25, 2007; Columbia County News-Times	The Honorable Ron Cross, Chairman, Columbia County Board of Commissioners, 908 Nerium Trail, Evans, GA 30809	October 24, 2007	130059
Gwinnett	Unincorporated areas of Gwinnett County (07-04-3457P)	August 16, 2007; August 23, 2007; Gwinnett Daily Post	The Honorable Charles Bannister, Chairman, Gwinnett County Board of Commissioners, 75 Langley Drive, Lawrenceville, GA 30045	November 22, 2007	130322
Illinois:
De Kalb	City of De Kalb (05-05-2302P)	July 19, 2007; July 26, 2007; The Daily Chronicle	The Honorable Frank Van Buer, Mayor, City of De Kalb, 200 South Fourth Street, Room 203, De Kalb, IL 60115	October 25, 2007	170182
Kansas:
Johnson	City of Overland Park (07-07-0902P)	July 19, 2007; July 26, 2007; Johnson County Sun	The Honorable Carl R. Gerlach, Mayor, City of Overland Park, City Hall, 8500 Santa Fe Drive, Overland Park, KS 66212	June 29, 2007	200174
Johnson	Unincorporated areas of Johnson County (07-07-0902P)	July 19, 2007; July 26, 2007; Johnson County Sun	The Honorable Annabeth Surbaugh, Chairman, Johnson County Board of Commissioners, 111 South Cherry Street, Suite 3300, Olathe, KS 66061-3441	June 29, 2007	200159
Johnson	Unincorporated areas of Johnson County (07-07-1220P)	July 19, 2007; July 26, 2007; Johnson County Sun	The Honorable Carl Gerlach, Mayor, City of Overland Park, City Hall, 8500 Santa Fe Drive, Overland Park, KS 66212	June 25, 2007	200174
Kentucky:
Oldham	City of Crestwood (07-04-1746P)	August 16, 2007; August 23, 2007; The Oldham Era	The Honorable Dennis L. Deibel, Mayor, City of Crestwood, P.O. Box 186, Crestwood, KY 40014	November 22, 2007	210027
Oldham	Unincorporated areas of Oldham County (07-04-1746P)	August 16, 2007; August 23, 2007; The Oldham Era	The Honorable Duane Murner, Oldham County Judge/Executive, 100 West Jefferson Street, LaGrange, KY 40031	November 22, 2007	210185
Maine:
Knox	City of Rockland (07-01-0484P)	July 19, 2007; July 26, 2007; The Courier-Gazette	The Honorable Brian Harden, Mayor, City of Rockland, 270 Pleasant Street, Rockland, ME 04841	June 25, 2007	230076
Lincoln	Town of South Bristol (07-01-0772P)	August 16, 2007; August 23, 2007; The Lincoln County News	The Honorable Kenneth Lincoln, Chairman of Selectmen, Town of South Bristol, 470 Clarks Cove Road, South Bristol, ME 04573	July 31, 2007	230220
York	Town of Kittery (07-01-0122P)	June 14, 2007; June 21, 2007; York County Coast Star	The Honorable Glenn Shwaery, Chair, Kittery Town Council, 200 Rogers Road, Kittery, ME 03904	July 19, 2007	230171
Maryland:
Anne Arundel	Unincorporated areas of Anne Arundel County (07-03-0081P)	August 23, 2007; August 30, 2007; The Capital	The Honorable John R. Leopold, County Executive, Anne Arundel County, 44 Calvert Street, Annapolis, MD 21404	November 29, 2007	240008
Frederick	Unincorporated areas of Frederick County (07-03-0394P)	August 16, 2007; August 23, 2007; The Frederick News-Post	The Honorable John L. Thompson, Jr., Commissioner, County of Frederick, Winchester Hall, 12 East Church Street, Frederick, MD 21701	November 22, 2007	240027
Massachusetts:
Barnstable	Town of Falmouth (07-01-1028P)	August 23, 2007; August 30, 2007; Cape Cod Times	The Honorable Kevin Murphy, Chairman, Falmouth Board of Selectmen, Falmouth Town Hall, 59 Town Hall Square, Falmouth, MA 02540	November 29, 2007	255211
Michigan:
Macomb	Charter Township of Clinton (07-05-2289P)	July 20, 2007; July 27, 2007; Macomb County Legal News	The Honorable Robert J. Cannon, Township Supervisor, Charter Township of Clinton, 40700 Romeo Plank Road, Clinton Township, MI 48038	July 6, 2007	260121
Oakland	City of Rochester Hills (06-05-BQ14P)	July 13, 2007; July 20, 2007; Oakland County Legal News	The Honorable James Rosen, Mayor, City of Rochester Hills, 1000 Rochester Hills Drive, Rochester Hills, MI 48309	June 19, 2007	260471
Minnesota:
Marshall	City of Warren (07-05-1900P)	July 19, 2007; July 26, 2007; Messenger	The Honorable Bob Kliner, Mayor, City of Warren, 120 East Bridge Avenue, Warren, MN 56762	June 27, 2007	270274
Marshall	Unincorporated areas of Marshall County (07-05-1900P)	July 19, 2007; July 26, 2007; Messenger	The Honorable Sharon Bring, Chairman, Marshall County Board of Commissioners, County Courthouse, 208 East Colvin Avenue, Warren, MN 56762-1693	October 25, 2007	270638
Missouri:
St. Charles	City of Dardenne Prairie (07-07-0177P)	August 15, 2007; August 22, 2007; St. Charles Journal	The Honorable Pam Fogarty, Mayor, City of Dardenne Prairie, 7137 Scotland Drive, Dardenne Prairie, MO 63368	November 21, 2007	290899
St. Charles	City of O'Fallon (07-07-0177P)	August 15, 2007; August 22, 2007; St. Charles Journal	The Honorable Donna Morrow, Mayor, City of O'Fallon, 633 Hawk Run Drive, O'Fallon, MO 63366	November 21, 2007	290316
St. Charles	Unincorporated areas of St. Charles County (07-07-0177P)	August 15, 2007; August 22, 2007; St. Charles Journal	The Honorable Steve Ehlmann, County Executive, St. Charles County, 201 North Second Street, St. Charles, MO 63301	November 21, 2007	290315
St. Louis	City of Chesterfield (06-07-BA27P)	August 2, 2007; August 9, 2007; The St. Louis Daily Record	The Honorable John Nations, Mayor, City of Chesterfield, Chesterfield City Hall, 690 Chesterfield Parkway West, Chesterfield, MO 63017-0760	November 8, 2007	290896
St. Louis	City of Maryland Heights (06-07-B058P)	July 12, 2007; July 19, 2007; The St. Louis Daily Record	The Honorable Mike Moeller, Mayor, City of Maryland Heights, 212 Millwell Drive, Maryland Heights, MO 63043	August 23, 2007	290889
New Jersey:
Passaic	Township of Little Falls (07-02-1082X)	August 9, 2007; August 16, 2007; The Record	The Honorable Eugene Kulick, Mayor, Township of Little Falls, Township Government Offices, 225 Main Street, Little Falls, NJ 07424	November 15, 2007	340401
Passaic	Borough of West Paterson (07-02-1082X)	August 9, 2007; August 16, 2007; The Record	The Honorable Pat Lapore, Mayor, Borough of West Paterson, Municipal Building, Five Brophy Lane, West Paterson, NJ 07424	November 15, 2007	340412
New Mexico:
Bernalillo	City of Albuquerque (07-06-1930P)	August 2, 2007; August 9, 2007; The Albuquerque Journal	The Honorable Martin J. Chavez, Mayor, City of Albuquerque, P.O. Box 1293, Albuquerque, NM 87103	July 24, 2007	350002
Bernalillo	Unincorporated areas of Bernalillo County (07-06-1930P)	August 2, 2007; August 9, 2007; The Albuquerque Journal	Mr. Thaddeus Lucero, County Manager, Bernalillo County, One Civic Plaza Northwest, Albuquerque, NM 87102	July 24, 2007	350001
Ohio: Montgomery	City of Brookville (07-05-1072P)	July 28, 2007; August 4, 2007; Centerville-Bellbrook Times	The Honorable David E. Seagraves, Mayor, City of Brookville, P.O. Box 10, Brookville, OH 45309	November 5, 2007	390407
Oklahoma: Cleveland	City of Moore (07-06-1613P)	August 30, 2007; September 6, 2007; The Norman Transcript	The Honorable Glenn Lewis, Mayor, City of Moore, 301 North Broadway, Moore, OK 73160	December 6, 2007	400044
Pennsylvania: Berks	Township of Lower Heidelberg (07-03-0867X)	July 12, 2007; July 19, 2007; Readling Eagle	The Honorable R. David Seip, Chairman, Board of Supervisors, Lower Heidelberg Township, Township Offices, 720 Brownsville Road, Sinking Spring, PA 19608	October 18, 2007	421077
Tennessee: Rutherford	City of Murfreesboro (06-04-C283P)	April 26, 2007; May 3, 2007; Daily News Journal	The Honorable Tommy Bragg, Mayor, City of Murfreesboro, 111 West Vine Street, Murfreesboro, TN 37130	August 2, 2007	470168
Texas:
Bexar	City of San Antonio (06-06-BF16P)	August 16, 2007; August 23, 2007; Daily Commercial Recorder	The Honorable Phil Hardberger, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283	November 22, 2007	480045
Bexar	Unincorporated areas of Bexar County (06-06-BF16P)	August 16, 2007; August 23, 2007; Daily Commercial Recorder	The Honorable Nelson W. Wolff, Bexar County Judge, Bexar County Courthouse 233 North Pecos, Suite 420, San Antonio, TX 78207	November 22, 2007	480035
Collin	City of Allen (06-06-BK36P)	August 23, 2007; August 30, 2007; The Allen American	The Honorable Stephen Terrell, Mayor, City of Allen, 305 Century Parkway, Allen, TX 75013	November 29, 2007	480131
Collin	City of McKinney (06-06-BH77P)	August 16, 2007; August 23, 2007; McKinney Courier-Gazette	The Honorable Bill Whitfield, Mayor, City of McKinney, 222 North Tennessee, McKinney, TX 75069	August 27, 2007	480135
Collin	City of Plano (07-06-0841P)	July 5, 2007; July 12, 2007; Plano Star Courier	The Honorable Pat Evans, Mayor, City of Plano, 1520 Avenue K, Plano, TX 75074	October 11, 2007	480140
Collin	City of Wylie (07-06-0948P)	July 25, 2007; August 1, 2007; The Wylie News	The Honorable John Mondy, Mayor, City of Wylie, 2000 State Highway 78 North, Wylie, TX 75098	June 28, 2007	480759
Comal	Unincorporated areas of Comal County (07-06-0880P)	July 19, 2007; July 26, 2007; New Braunfels Herald-Zeitung	The Honorable Danny Scheel, Comal County Judge, 199 Main Plaza, New Braunfels, TX 78130	October 26, 2007	485463
Denton	City of Denton (07-06-0913P)	July 19, 2007; July 26, 2007; Denton Record-Chronicle	The Honorable Perry McNeill, Mayor, City of Denton, 215 East McKinney Street, Denton, TX 76201	October 25, 2007	480194
El Paso	City of El Paso (06-06-B807P)	August 23, 2007; August 30, 2007; El Paso Times	The Honorable John Cook, Mayor, City of El Paso, City Hall, 10th Floor, Two Civic Center Plaza, El Paso, TX 79901	August 6, 2007	480214
Harris	City of Houston (06-06-BG37P)	July 19, 2007; July 26, 2007; Houston Chronicle	The Honorable Bill White, Mayor, City of Houston, P.O. Box 1562, Houston, TX 77251	July 30, 2007	480296
Medina	Unincorporated areas of Medina County (07-06-0574P)	July 19, 2007; July 26, 2007; Hondo Anvil Herald	The Honorable James E. Barden, Medina County Judge, Medina County Courthouse, 1100 16th Street, Room 101, Hondo, TX 78861	June 29, 2007	480472
Palo Pinto	City of Mineral Wells (07-06-0680P)	July 19, 2007; July 26, 2007; Mineral Wells Index	The Honorable Clarence Holliman, Mayor, City of Mineral Wells, 115 Southwest First Street, Mineral Wells, TX 76068	October 25, 2007	480517
Parker	Town of Annetta North (07-06-0630P)	August 23, 2007; August 30, 2007; Weatherford Democrat	The Honorable Ken Hall, Mayor, Town of Annetta North, P.O. Box 1238, Aledo, TX 76008	November 29, 2007	481664
Parker	Unincorporated areas of Parker County (07-06-0630P)	August 23, 2007; August 30, 2007; Weatherford Democrat	The Honorable Mark Riley, Parker County Judge, Parker County Courthouse, One Courthouse Square, Weatherford, TX 76086	November 29, 2007	480520
Tarrant	City of Benbrook (07-06-1470X)	May 24, 2007; May 31, 2007; Benbrook News	The Honorable Jerry Dittrich, Mayor, City of Benbrook, 911 Winscott Road, Benbrook, TX 76126	August 30, 2007	480586
Tarrant	City of Fort Worth (07-06-1275P)	August 16, 2007; August 23, 2007; Fort Worth Star-Telegram	The Honorable Mike J. Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton St., Fort Worth, TX 76102	November 22, 2007	480596
Tarrant	City of Keller (07-06-0822P)	July 20, 2007; July 22, 2007; The Southlake Journal	The Honorable Pat McGrail, Mayor, City of Keller, P.O. Box 770, Keller, TX 76244	June 29, 2007	480602
Tarrant	City of Southlake (07-06-0822P)	July 20, 2007; July 27, 2007; The Southlake Journal	The Honorable Andy Wambsganss, Mayor, City of Southlake, 1400 Main Street, Southlake, TX 76092	June 29, 2007	480612
Utah: Salt Lake	City of West Jordan (07-08-0330P)	August 9, 2007; August 16, 2007; Salt Lake Tribune	The Honorable David B. Newton, Mayor, City of West Jordan, 2555 West Carson Lane, West Jordan, UT 84084	July 20, 2007	490108
Wisconsin:
La Crosse	City of La Crosse (07-05-2077P)	July 19, 2007; July 26, 2007; The La Crosse Tribune	The Honorable Mark Johnsrud, Mayor, City of La Crosse, City Hall, 400 La Crosse Street, La Crosse, WI 54601	June 29, 2007	555562
Racine	Unincorporated areas of Racine County (07-05-1468P)	July 19, 2007; July 26, 2007; Journal Times	The Honorable William L. McReynolds, Racine County Executive, 730 Wisconsin Avenue, 10th Floor, Racine, WI 53403	June 25, 2007	550347
Virginia: Roanoke	City of Roanoke (07-03-0789P)	August 16, 2007; August 23, 2007; The Roanoke Times	The Honorable C. N. Harris, Mayor, City of Roanoke, 215 Church Avenue Southwest, Room 452, Roanoke, VA 24011	September 29, 2007	510130

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

Dated: October 1, 2007.

David I. Maurstad,

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