E8-27492. 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.
Alabama: Tuscaloosa	Unincorporated areas of Tuscaloosa County (08-04-3997P)	October 15, 2008; October 22, 2008; The Northport Gazette	The Honorable W. Hardy McCollum, Tuscaloosa County Probate Judge, 714 Greensboro Avenue, Tuscaloosa, AL 35401	February 19, 2009	010201
Arizona:
Maricopa	City of El Mirage (08-09-1516P)	October 16, 2008; October 23, 2008; Arizona Business Gazette	The Honorable Fred Waterman, Mayor, City of El Mirage, P.O. Box 26, El Mirage, AZ 85335	February 20, 2009	040041
Maricopa	Unincorporated areas of Maricopa County (08-09-1516P)	October 16, 2008; October 23, 2008; Arizona Business Gazette	The Honorable Andrew W. Kunasek, Chairman, Maricopa County Board of Supervisors, 301 West Jefferson Street, 10th Floor, Phoenix, AZ 85003	February 20, 2009	040037
Maricopa	City of Phoenix (06-09-B582P)	December 27, 2007; January 3, 2008; Arizona Business Gazette	The Honorable Phil Gordon, Mayor, City of Phoenix, 200 West Washington Street, 11th Floor, Phoenix, AZ 85003-1611	April 3, 2008	040051
Maricopa	City of Surprise (08-09-1516P)	October 16, 2008; October 23, 2008; Arizona Business Gazette	The Honorable Lyn Truitt, Mayor, City of Surprise, 12425 West Bell Road, Surprise, AZ 85374	February 20, 2009	040053
California: San Luis Obispo	City of Atascadero (08-09-0724P)	October 22, 2008; October 29, 2008; Atascadero News	The Honorable Tom O'Malley, Mayor, City of Atascadero, 6907 El Camino Real, Atascadero, CA 93422	October 6, 2008	060700
Colorado:
Douglas	Unincorporated areas of Douglas County (08-08-0553P)	October 2, 2008; October 9, 2008; Douglas County News-Press	The Honorable Melanie A. Worley, Chairman, Douglas County Board of Commissioners, 100 Third Street, Castle Rock, CO 80104	February 6, 2009	080049
Douglas	Town of Parker (08-08-0553P)	October 2, 2008; October 9, 2008; Douglas County News-Press	The Honorable David Casiano, Mayor, Town of Parker, 20120 East Main Street, Parker, CO 80138-7334	February 6, 2009	080310
El Paso	Unincorporated areas of El Paso County (08-08-0630P)	October 8, 2008; October 15, 2008; El Paso County Advertiser	The Honorable Dennis Hisey, Chairman, El Paso County Board of Commissioners, 27 East Vermijo Avenue, Colorado Springs, CO 80903-2208	September 24, 2008	080059
Connecticut: Fairfield	City of Stamford (08-01-0709P)	June 20, 2008; June 27, 2008; The Advocate	The Honorable Dannel P. Malloy, Mayor, City of Stamford, 888 Washington Boulevard, Stamford, CT 06904	May 30, 2008	090015
Delaware: Kent	Unincorporated areas of Kent County (08-03-1557P)	October 17, 2008; October 24, 2008; The News Journal	The Honorable P. Brooks Banta, President, Board of Commissioners, 555 Bay Road, Dover, DE 19901	February 23, 2009	100001
Florida: Polk	City of Lakeland (08-04-5418P)	October 10, 2008; October 17, 2008; The Ledger	The Honorable Ralph L. Fletcher, Mayor, City of Lakeland, 228 South Massachusetts Avenue, Lakeland, FL 33801	February 16, 2009	120267
Georgia: Columbia	Unincorporated areas of Columbia County (08-04-3896P)	October 19, 2008; October 26, 2008; The Columbia County News Times	The Honorable Ron C. Cross, Chairman, Columbia County Board of Commissioners, P.O. Box 498, Evans, GA 30809	February 23, 2009	130059
Illinois:
Cook	Village of Barrington Hills (08-05-2649P)	May 22, 2008; May 29, 2008; Barrington Courier Review	The Honorable Robert G. Abboud, President, Village of Barrington Hills, 112 Algonquin Road, Barrington Hills, IL 60010	April 30, 2008	170058
Cook	Unincorporated areas of Cook County (08-05-2074P)	October 14, 2008; October 21, 2008; Southtown Star	The Honorable Todd H. Stroger, President, Cook County Board of Commissioners, 118 North Clark Street, Room 537, Chicago, IL 60602	November 7, 2008	170054
Cook	Village of Ford Heights (08-05-2074P)	October 14, 2008; October 21, 2008; Southtown Star	The Honorable Saul L. Beck, Mayor, Village of Ford Heights, 1343 Ellis Avenue, Ford Heights, IL 60411	November 7, 2008	170084
Cook	Village of Sauk Village (08-05-2074P)	October 14, 2008; October 21, 2008; Southtown Star	The Honorable Roger G. Peckham, Mayor, Village of Sauk Village, 21701 Torrence Avenue, Sauk Village, IL 60411	November 7, 2008	170157
Dupage	Village of Bensenville (08-05-0178P)	October 15, 2008; October 22, 2008; Daily Herald	The Honorable John C. Geils, President, Village of Bensenville, 12 South Center Street, Bensenville, IL 60106	September 29, 2008	170200
Dupage	Village of Elk Grove (08-05-0178P)	October 15, 2008; October 22, 2008; Daily Herald	The Honorable Craig B. Johnson, Mayor, Village of Elk Grove, 901 Wellington Avenue, Elk Grove Village, IL 60007	September 29, 2008	170088
Maine: Waldo	Town of Lincolnville (08-01-0911P)	September 18, 2008; September 25, 2008; The Republican Journal	The Honorable Rosendel Gerry, Selectman, Town of Lincolnville, 493 Hope Road, Lincolnville, ME 04849	August 29, 2008	230172
Mississippi: Madison	Unincorporated areas of Madison County (07-04-5199P)	August 14, 2008; August 21, 2008; Madison County Journal	The Honorable Timothy L. Johnson, President, Madison County Board of Supervisors, P.O. Box 608, Canton, MS 39046	December 22, 2008	280228
Missouri: Platte	Unincorporated areas of Platte County (08-07-1586P)	October 15, 2008; October 22, 2008; The Landmark	Mr. Tom Pryor, First District Commissioner, Platte County, Platte County Administrative Building, 415 Third Street, Suite 105, Platte City, MO 64079	February 19, 2009	290475
Nevada:
Clark	Unincorporated areas of Clark County (08-09-0253P)	October 10, 2008; October 17, 2008; Las Vegas Review Journal	The Honorable Rory Reid, Chair, Clark County Board of Commissioners, 500 South Grand Central Parkway, Las Vegas, NV 89106	September 26, 2008	320003
Clark	Unincorporated areas of Clark County (08-09-0919P)	October 10, 2008; October 17, 2008; Las Vegas Review Journal	The Honorable Rory Reid, Chair, Clark County Board of Commissioners, 500 South Grand Central Parkway, Las Vegas, NV 89106	September 30, 2008	320003
New York: Seneca	Town of Seneca Falls (08-02-1344P)	October 9, 2008; October 16, 2008; Reveille Between the Lakes	The Honorable Duane Moore, Councilman, Town of Seneca Falls, 32 State Street, Seneca Falls, NY 13148	April 2, 2009	360756
Pennsylvania: York	Township of Dover (08-03-1498P)	October 10, 2008; October 17, 2008; York Daily Record	The Honorable Shane Patterson, Chairman, Board of Supervisors, Dover Township, 2480 West Canal Road, Dover, PA 17315	September 30, 2008	420920
South Carolina: Richland	Unincorporated areas of Richland County (08-04-5022P)	October 10, 2008; October 17, 2008; The State	The Honorable Joseph McEachern, Chairman, Richland County Council, Richland County Administrative Building, 2020 Hampton Street, Second Floor, Columbia, SC 29202	February 16, 2009	450170
Tennessee:
Williamson	City of Brentwood (08-04-2646P)	October 16, 2008; October 23, 2008; The Tennessean	The Honorable Joe Reagan, Mayor, City of Brentwood, P. O. Box 788, Brentwood, TN 37024	February 20, 2009	470205
Williamson	Unincorporated areas of Williamson County (08-04-2646P)	October 16, 2008; October 23, 2008; The Tennessean	The Honorable Rogers C. Anderson, Mayor, Williamson County, 1320 West Main Street, Suite 125, Franklin, TN 37064	February 20, 2009	470204
Texas:
Bastrop	City of Bastrop (08-06-0048P)	July 9, 2008; July 16, 2008; Elgin Courier	The Honorable Terry Orr, Mayor, City of Bastrop, P.O. Box 427, Bastrop, TX 78602	November 13, 2008	480022
Bastrop	Unincorporated areas of Bastrop County (08-06-0048P)	July 9, 2008; July 16, 2008; Elgin Courier	The Honorable Ronnie McDonald, Bastrop County Judge, 804 Pecan Street, Bastrop, TX 78602	November 13, 2008	481193
Bexar	City of San Antonio (08-06-1356P)	October 9, 2008; October 16, 2008; San Antonio Express News	The Honorable Phil Hardberger, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283	September 24, 2008	480045
Tarrant	City of Fort Worth (08-06-2295P)	October 9, 2008; October 16, 2008; Fort Worth Star Telegram	The Honorable Mike Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102	February 13, 2009	480596
Tarrant	City of Keller (08-06-2436P)	October 9, 2008; October 16, 2008; Fort Worth Star Telegram	The Honorable Pat McGrail, Mayor, City of Keller, P.O. Box 770, Keller, TX 76244	February 13, 2009	480602
Virginia: Independent City	City of Lynchburg (08-03-0310P)	July 18, 2008; July 25, 2008; The Lynchburg Ledger	The Honorable Joan F. Foster, 900 Church Street, Lynchburg, VA 24504	November 21, 2008	510093
Wisconsin: Dane	Village of Waunakee (08-05-1363P)	August 14, 2008; August 21, 2008; Waunakee Tribune	Mr. Kim Wilde, Village Administrator, Village of Waunakee, 500 West Main Street, Waunakee, WI 53597	November 26, 2008	550093

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

Dated: November 12, 2008.

Michael K. Buckley,

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