E8-8325. 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 in 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:
Maricopa	Unincorporated areas of Maricopa County (07-09-1354P)	January 10, 2008; January 17, 2008; Arizona Business Gazette	The Honorable Fulton Brock, Chairman, Maricopa County Board of Supervisors, 301 West Jefferson Street, 10th Floor, Phoenix, AZ 85003	January 4, 2008	040037
Maricopa	City of Phoenix (07-09-1713P)	January 3, 2008; January 10, 2008; Arizona Business Gazette	The Honorable Phil Gordon, Mayor, City of Phoenix, 200 West Washington Street, 11th Floor, Phoenix, AZ 85003	January 14, 2008	040051
Mohave	City of Kingman (07-09-0639P)	January 24, 2008; January 31, 2008; The Kingman Daily Miner	The Honorable Lester Byram, Mayor, City of Kingman, 310 North Fourth Street, Kingman, AZ 86401	May 1, 2008	040060
Yavapai	Town of Prescott (07-09-1453P)	January 3, 2008; January 10, 2008; Prescott Daily Courier	The Honorable Harvey C. Skoog, Mayor, Town of Prescott Valley, 7501 East Civic Circle, Prescott Valley, AZ 86314	December 14, 2007	040121
Yavapai	Unincorporated areas of Yavapai County (07-09-1440P)	January 10, 2008; January 17, 2008; Prescott Daily Courier	The Honorable Chip Davis, Chairman, Yavapai County Board of Supervisors, 1015 Fair Street, Prescott, AZ 86305	April 17, 2008	040093
California:
San Diego	City of Chula Vista (07-09-1325P)	January 10, 2008; January 17, 2008; San Diego Daily Transcript	The Honorable Cheryl Cox, Mayor, City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910	December 27, 2007	065021
Shasta	City of Anderson (07-09-1860P)	January 9, 2008; January 16, 2008; Anderson Valley Post	The Honorable Keith Webster, Mayor, City of Anderson, 1887 Howard Street, Anderson, CA 96007	April 16, 2008	060359
Yuba	Unincorporated areas of Yuba County (07-09-1893P)	January 10, 2008; January 17, 2008; The Appeal-Democrat	The Honorable Hal Stocker, Chairman, Yuba County Board of Supervisors, 915 Eighth Street, Suite 109, Marysville, CA 95901	December 26, 2007	060427
Connecticut: Fairfield	Town of Greenwich (07-01-0700P)	January 18, 2008; January 25, 2008; Greenwich Time	The Honorable Peter Tesei, First Selectman, Town of Greenwich, 101 Field Point Road, Greenwich, CT 06830	January 9, 2008	090008
Florida:
Lake	Unincorporated areas of Lake County (07-04-6495P)	January 10, 2008; January 17, 2008; The Daily Commercial	The Honorable Welton G. Cadwell, Chairman, Lake County Board of Commissioners, P.O. Box 7800, Tavares, FL 32778-7800	April 17, 2008	120421
Monroe	Village of Islamorada (07-04-6596P)	December 29, 2007; January 3, 2008; Key West Citizen	The Honorable Chris Sante, Mayor, Village of Islamorada, P.O. Box 568, Islamorada, FL 33036	December 10, 2007	120424
Monroe	Unincorporated areas of Monroe County (07-04-3519P)	January 24, 2008; January 31, 2008; Key West Citizen	The Honorable Charles McCoy, Mayor, Monroe County, 1100 Simonton Street, Key West, FL 33040	May 1, 2008	125129
Georgia:
Cherokee	City of Canton (07-04-2655P)	January 11, 2008; January 18, 2008; Cherokee Tribune	The Honorable Cecil G. Pruett, Mayor, City of Canton, 151 Elizabeth Street, Canton, GA 30114	December 26, 2007	130039
Cherokee	Unincorporated areas of Cherokee County (07-04-2655P)	January 11, 2008; January 18, 2008; Cherokee Tribune	The Honorable Buzz Ahrens, Chairman, Cherokee County Board of Commissioners, 90 North Street, Suite 310, Canton, GA 30114	December 26, 2007	130424
Columbia	Unincorporated areas of Columbia County (07-04-2731P)	December 26, 2007; January 2, 2008; Columbia County News-Times	The Honorable Ron C. Cross, Chairman, Columbia County Board of Commissioners, P.O. Box 498, Evans, GA 30809	April 2, 2008	130059
Columbia	Unincorporated areas of Columbia County (07-04-5157P)	December 26, 2007; January 2, 2008; Columbia County News-Times	The Honorable Ron C. Cross, Chairman, Columbia County Board of Commissioners, P.O. Box 498, Evans, GA 30809	December 12, 2007	130059
Columbia	City of Grovetown (07-04-5157P)	December 26, 2007; January 2, 2008; Columbia County News-Times	The Honorable Dennis O. Trudeau, Mayor, City of Grovetown, P.O. Box 120, Grovetown, GA 30813	December 12, 2007	130265
Illinois:
Clinton	Unincorporated areas of Clinton County (07-05-6034P)	January 24, 2008; January 31, 2008; The Breese Journal	The Honorable Ray Kloeckner, Chairman, Clinton County Board of Directors, 4626 Court Road, Germantown, IL 62245	January 10, 2008	170044
Kane	Unincorporated areas of Kane County (07-05-0178P)	January 24, 2008; January 31, 2008; Kane County Chronicle	The Honorable Karen McConnaughay, Chairman, Kane County Board, 719 South Batavia Avenue, Geneva, IL 60134	May 1, 2008	170896
Kane	Village of Sugar Grove (07-05-0178P)	January 24, 2008; January 31, 2008; Kane County Chronicle	The Honorable P. Sean Michels, President, Village of Sugar Grove, P.O. Box 49, Sugar Grove, IL 60554	May 1, 2008	170333
Lake	Unincorporated areas of Lake County (06-05-BR72P)	January 10, 2008; January 17, 2008; Lake County News-Sun	The Honorable Suzi Schmidt, Chairman, Lake County Board of Commissioners, 18 North County Street, Room 1001, Waukegan, IL 60085	April 17, 2008	170357
Lake	City of Waukegan (06-05-BR72P)	January 10, 2008; January 17, 2008; Lake County News-Sun	The Honorable Richard H. Hyde, Mayor, City of Waukegan, 100 North Martin Luther King, Jr. Avenue, Waukegan, IL 60085	April 17, 2008	170397
McHenry	Village of Fox River Grove (07-05-5055P)	January 10, 2008; January 17, 2008; Northwest Herald	The Honorable Katherine A. Laube, President, Village of Fox River Grove, 305 Illinois Street, Fox River Grove, IL 60021	April 17, 2008	170477
Morgan	City of Jacksonville (07-05-0512P)	January 10, 2008; January 17, 2008; Jacksonville Journal-Courier	The Honorable Ron Tendick, Mayor, City of Jacksonville, 200 West Douglas Avenue, Jacksonville, IL 62650	December 12, 2007	170516
Will	Village of Plainfield (07-05-5056P)	January 3, 2008; January 10, 2008; Herald News	The Honorable James A. Waldorf, President, Village of Plainfield, 24401 West Lockport Street, Plainfield, IL 60544	December 11, 2007	170771
Indiana: Miami	City of Peru (08-05-0338P)	December 13, 2007; December 20, 2007; Peru Tribune	The Honorable James R. Walker, Mayor, City of Peru, 35 South Broadway, Peru, IN 46970	December 31, 2007	180168
Iowa: Clive and Polk	City of Clive (07-07-1800P)	January 18, 2008; January 25, 2008; The Des Moines Registe r	The Honorable Les Aasheim, Mayor, City of Clive, 1900 Northwest 114th Street, Clive, IA 50325	April 25, 2008	190488
Massachusetts: Worcester	Town of Southborough (07-01-0993P)	January 18, 2008; January 25, 2008; Northborough-Southborough Villager	The Honorable Bonnie J. Phaneuf, Chair, Board of Selectmen, Southborough Town House, 17 Common Street, Southborough, MA 01772	January 31, 2008	250333
North Dakota:
Burleigh	City of Bismarck (07-08-0142A)	January 10, 2008; January 17, 2008; Bismarck Tribune	The Honorable John Warford, Mayor, City of Bismarck, P.O. Box 5503, Bismarck, ND 58506-5503	April 17, 2008	380149
Burleigh	Unincorporated areas of Burleigh County (07-08-0142A)	January 10, 2008; January 17, 2008; Bismarck Tribune	The Honorable Marlan Haakenson, Chairman, Burleigh County Commission, 115 South Griffin Street, Bismarck, ND 58504-5309	April 17, 2008	380017
Oregon: Clackamas, Multnomah, Washington	City of Portland (07-10-0004P)	January 9, 2008; January 16, 2008; The Gresham Outlook	The Honorable Tom Potter, Mayor, City of Portland, 1221 Southwest Fourth Avenue, Suite 340, Portland, OR 97204	January 28, 2008	410183
Pennsylvania:
Lehigh	Township of Salisbury (07-03-0947P)	January 3, 2008; January 10, 2008; Express-Times	The Honorable Larry Unger, President, Township of Salisbury, 2900 South Pike Avenue, Allentown, PA 18103	April 10, 2008	420591
Northampton	Township of Lower Mount Bethel (07-03-1293P)	January 3, 2008; January 10, 2008; Express-Times	The Honorable Charles Palmeri, Chairman, Lower Mount Bethel Board of Supervisors, P.O. Box 257, Martins Creek, PA 18063	April 10, 2008	420724
South Carolina:
Charleston	City of Folly Beach (08-04-0583P)	January 3, 2008; January 10, 2008; The Post and Courier	The Honorable Carl B. Beckmann, Jr., Mayor, City of Folly Beach, P.O. Box 48, Folly Beach, SC 29439	December 18, 2007	455415
Greenville	Greenville County (07-04-5799P)	January 10, 2008; January 17, 2008; The Greenville News	The Honorable Herman G. Kirven, Jr., Chairman, Greenville County Council, 301 University Ridge, Suite 2400, Greenville, SC 29601	April 17, 2008	450089
Lexington	Lexington County (07-04-5473P)	December 6, 2007; December 13, 2007; Lexington County Chronicle	The Honorable William C. “Billy” Derrick, Chairman, Lexington County Council, 212 South Lake Drive, Lexington, SC 29072	March 13, 2008	450129
Sumter	Unincorporated areas of Sumter County (07-04-6293P)	January 10, 2008; January 17, 2008; Sumter Item	The Honorable Vivian Fleming-McGhaney, Chair, Sumter County Council, 13 East Canal Street, Sumter, SC 29150	April 17, 2008	450182
Tennessee: Hamilton	City of Chattanooga (07-04-4405P)	January 10, 2008; January 17, 2008; Chattanooga Times Free Press	The Honorable Ron Littlefield, Mayor, City of Chattanooga, 101 East 11th Street, Suite 100, Chattanooga, TN 37402	April 17, 2008	470072
Texas:
Collin	City of Allen (07-06-2412P)	January 10, 2008; January 17, 2008; The Allen American	The Honorable Stephen Terrell, Mayor, City of Allen, 305 Century Parkway, Allen, TX 75013	April 17, 2008	480131
Collin	City of Celina (08-06-0373P)	January 3, 2008; January 10, 2008; The Celina Record	The Honorable Corbett Howard, Mayor, City of Celina, 302 West Walnut Street, Celina, TX 75009	December 26, 2007	480133
Dallas	City of Dallas (06-06-BF24P)	January 31, 2008; February 7, 2008; The Mesquite News	The Honorable Tom Leppert, Mayor, City of Dallas, 1500 Marilla Street, Room 5EN, Dallas, TX 75201	May 8, 2008	480171
Dallas	Town of Sunnyvale (06-06-BF24P)	January 31, 2008; February 7, 2008; The Mesquite News	The Honorable Jim Phaup, Mayor, Town of Sunnyvale, 127 North Collins Road, Sunnyvale, TX 75182	May 8, 2008	480188
Fort Bend	City of Katy (07-06-2143P)	January 3, 2008; January 10, 2008; Fort Bend Herald	The Honorable Don Elder Jr., Mayor, City of Katy, P.O. Box 617, Katy, TX 77492	December 14, 2007	480301
Kaufman	City of Terrell (07-06-1906P)	January 10, 2008; January 17, 2008; The Terrell Tribune	The Honorable Hal Richards, Mayor, City of Terrell, P.O. Box 310, Terrell, TX 75160	December 31, 2007	480416
Kaufman	Unincorporated areas of Kaufman County (06-06-BF24P)	January 31, 2008; February 7, 2008; The Mesquite News	The Honorable Wayne Gent, Kaufman County Judge, 100 West Mulberry Street, Kaufman, TX 75142	May 8, 2008	480411
Montgomery	Unincorporated areas of Montgomery County (06-06-B643P)	January 9, 2008; January 16, 2008; The Montgomery County News	The Honorable Alan B. Sadler, Montgomery County Judge, 301 North Thompson Street, Suite 210, Conroe, TX 77301	April 9, 2008	480483
Travis	Unincorporated areas of Travis County (07-06-02514P)	January 10, 2008; January 17, 2008; Austin American-Statesman	The Honorable Samuel T. Biscoe, Travis County Judge, P.O. Box 1748, Austin, TX 78767	April 17, 2008	481026
Williamson	Town of Hutto (07-06-0731P)	January 10, 2008; January 17, 2008; Round Rock Leader	The Honorable Kenneth L. Love, Mayor, Town of Hutto, 401 West Front Street, Hutto, TX 78634	April 17, 2008	481047
Washington: Whatcom	Unincorporated areas of Whatcom County (07-10-0356P)	January 3, 2008; January 10, 2008; The Bellingham Herald	The Honorable Pete Kremen, Whatcom County Executive, County Courthouse, 311 Grand Avenue, Suite 108, Bellingham, WA 98225	December 17, 2007	530198

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

Dated: March 31, 2008.

David I. Maurstad,

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