E8-29776. 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 changed 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:
Pinal	City of Maricopa (07-09-1819P)	October 26, 2008; November 2, 2008; Casa Grande Dispatch	The Honorable Anthony Smith, Major, City of Maricopa, P.O. Box 610, Maricopa, AZ 85239	March 3, 2009	040052
Pinal	Unincorporated areas of Pinal County (07-09-1819P)	October 26, 2008; November 2, 2008; Casa Grande Dispatch	The Honorable Lionel D. Ruiz, Chairman, Pinal County, Board of Supervisors, P.O. Box 827, Florence, AZ 85232	March 3, 2009	040077
Arkansas: Pulaski	City of Little Rock (08-06-2112P)	November 4, 2008; November 11, 2008; Arkansas Democrat Gazette	The Honorable Mark Stodola, Mayor, City of Little Rock, 500 West Markham Street, Suite 203, Little Rock, AR 72201	October 29, 2008	050181
Colorado:
Arapahoe	Unincorporated areas of Arapahoe County (08-08-0760P)	November 14, 2008; November 21, 2008; Rocky Mountain News	The Honorable Susan Beckman, Chairman, Arapahoe County, Board of Commissioners, 5334 South Prince Street, Littleton, CO 80166-0001	March 23, 2009	080011
Boulder	City of Boulder (08-08-0701P)	October 24, 2008; October 31, 2008; The Daily Camera	The Honorable Shaun McGrath, Mayor, City of Boulder, P.O. Box 791, Boulder, CO 80306	October 10, 2008	080024
Boulder	Unincorporated areas of Boulder County (08-08-0701P)	October 24, 2008; October 31, 2008; The Daily Camera	The Honorable Ben Pearlman, Chairman, Boulder County, Board of Commissioners, P.O. Box 471, Boulder, CO 80306	October 10, 2008	080023
Denver	City and County of Denver (08-08-0760P)	November 14, 2008; November 21, 2008; Rocky Mountain News	The Honorable John W. Hickenlooper, Mayor, City and County of Denver, 1437 Bannock Street, Suite 350, Denver, CO 80202	March 23, 2009	080046
Douglas	Town of Parker (08-08-0810P)	October 30, 2008; November 6, 2008; Douglas County News Press	The Honorable David Casiano, Mayor, Town of Parker, 20120 East Main Street, Parker, CO 80138-7334	March 6, 2009	080310
Connecticut: New Haven	Town of Branford (08-01-1042P)	November 13, 2008; November 20, 2008; The Sound	The Honorable Anthony DaRos, First Selectman, Town of Branford, 1019 Main Street, Branford, CT 06405	October 31, 2008	090073
Delaware:
New Castle	Unincorporated areas of New Castle County (08-03-0143P)	November 12, 2008; November 19, 2008; The News Journal	The Honorable Christopher Coons, County Executive, New Castle County, 87 Read's Way, New Castle, DE 19720	October 31, 2008	105085
New Castle	City of Wilmington (08-03-0143P)	November 12, 2008; November 19, 2008; The News Journal	The Honorable James M. Baker, Mayor, City of Wilmington, 800 North French Street, Wilmington, DE 19801	October 31, 2008	100028
Florida:
Bay	Unincorporated areas of Bay County (08-04-2649P)	October 31, 2008; November 7, 2008; The News Herald	The Honorable Jerry L. Girvin, Chairman, Bay County Board of Commissioners, 810 West Eleventh Street, Panama City, FL 32401	March 9, 2009	120004
Bay	City of Panama City Beach (08-04-2649P)	October 31, 2008; November 7, 2008; The News Herald	The Honorable Gayle Oberst, Mayor, City of Panama City Beach, 110 South Arnold Road, Panama City Beach, FL 32413	March 9, 2009	120013
Collier	City of Naples (08-04-4493P)	October 22, 2008; October 29, 2008; Naples Daily News	The Honorable Bill Barnett, Mayor, City of Naples, 735 Eighth Street South, Naples, FL 34102	October 15, 2008	125130
Georgia: Muscogee County Consolidated Government	City of Columbus—Muscogee County Consolidated Government (08-04-3155P)	May 21, 2008; May 29, 2008; The Columbus Times	The Honorable Jim Wetherington, Mayor, City of Columbus—Muscogee County Consolidated Government, P.O. Box 1340, Columbus, GA 31902	August 25, 2008	135158
Minnesota: Olmsted	City of Oronoco (08-05-3390P)	November 12, 2008; November 19, 2008; The News Record	The Honorable Scott Keigley, Mayor, City of Oronoco, P.O. Box 195, Oronoco, MN 55960	October 31, 2008	270330
Nevada: Elko	City of Elko (08-09-0345P)	October 24, 2008; October 31, 2008; Elko Daily Free Press	The Honorable Michael J. Franzoia, Mayor, City of Elko, 1751 College Avenue, Elko, NV 89801	March 2, 2009	320010
New Jersey: Passaic	Township of Little Falls (08-02-0616P)	April 4, 2008; April 11, 2008; Herald News	The Honorable Eugene Kulick, Mayor, Township of Little Falls, 225 Main Street, Little Falls, NJ 07424	August 11, 2008	340401
South Carolina: Lexington	Unincorporated areas of Lexington County (08-04-1961P)	October 29, 2008; November 5, 2008; The State	The Honorable William C. Derrik, Chairman, Lexington County Council, 2241 Ridge Road, Leesville, SC 29070	March 5, 2009	450129
Texas:
Bell	City of Killeen (07-06-1831P)	October 30, 2008; November 6, 2008; Killeen Daily Herald	The Honorable Timothy L. Hancock, Mayor, City of Killeen, P.O. Box 1329, Killeen, TX 76540	March 6, 2009	480031
Bexar	Unincorporated areas of Bexar County (07-06-2018P)	October 31, 2008; November 7, 2008; San Antonio Express News	The Honorable Nelson W. Wolff, Bexar County Judge, 100 Dolorosa Street, Suite 120, San Antonio, TX 78205	March 9, 2009	480035
Bexar	City of San Antonio (07-06-2018P)	October 31, 2008; November 7, 2008; San Antonio Express News	The Honorable Phil Hardberger, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283	March 9, 2009	480045
Johnson	City of Burleson (08-06-0984P)	November 5, 2008; November 12, 2008; Burleson Star	The Honorable Kenneth Shetter, Mayor, City of Burleson, 141 West Renfro Street, Burleson, TX 76028	March 12, 2009	485459
Kendall	City of Boerne (08-06-1974P)	October 14, 2008; October 21, 2008; The Boerne Star	The Honorable Dan Heckler, Mayor, City of Boerne, P.O. Box 1677, Boerne, TX 78006	September 24, 2008	480418
Travis	City of Austin (08-06-2992P)	November 12, 2008; November 19, 2008; Austin American Statesman	The Honorable Will Wynn, Mayor, City of Austin, P.O. Box 1088, Austin, TX 78767	October 31, 2008	480624
Webb	City of Laredo (08-06-0322P)	July 4, 2008; July 11, 2008; Laredo Morning Times	The Honorable Raul G. Salinas, Mayor, City of Laredo, 1110 Houston Street, Laredo, TX 78040	November 10, 2008	480651
Utah: Washington	City of St. George (08-08-0509P)	July 3, 2008; July 10, 2008; The Spectrum	The Honorable Daniel D. McArthur, Mayor, City of St. George, 175 East 200 North, St. George, UT 84770	November 7, 2008	490177

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

Dated: December 5, 2008.

Michael K. Buckley,

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