E8-10869. 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.
Alabama: Madison	Unincorporated areas of Madison County (07-04-6424P)	March 7, 2008, March 14, 2008, Madison County Record	The Honorable Mike Gillespie, Chairman, Madison County Commission, 100 Northside Square, Huntsville, AL 35801	July 14, 2008	010151
Arizona: Pinal	City of Casa Grande (08-09-0418P)	April 9, 2008, April 16, 2008, Copper Basin News	The Honorable Robert M. Jackson, Mayor, City of Casa Grande, 510 East Florence Boulevard, Casa Grande, AZ 85222	April 25, 2008	040080
Colorado:
El Paso	City of Colorado Springs (07-08-0678P)	April 2, 2008, April 9, 2008, El Paso County News	The Honorable Lionel Rivera, Mayor, City of Colorado Springs, P.O. Box 1575, Colorado Springs, CO 80901	March 25, 2008	080060
El Paso	City of Colorado Springs (07-08-0679P)	March 5, 2008, March 12, 2008, El Paso County News	The Honorable Lionel Rivera, Mayor, City of Colorado Springs, P.O. Box 1575, Colorado Springs, CO 80901	July 11, 2008	080060
Jefferson	City of Lakewood (08-08-0234P)	March 20, 2008, March 27, 2008, The Golden Transcript	The Honorable Bob Murphy, Mayor, City of Lakewood, 480 South Allison Parkway, Lakewood, CO 80226-3127	March 11, 2008	085075
Jefferson	City of Lakewood (08-08-0276P)	April 10, 2008, April 17, 2008, The Golden Transcript	The Honorable Bob Murphy, Mayor, City of Lakewood, 480 South Allison Parkway, Lakewood, CO 80226-3127	August 18, 2008	085075
Jefferson	City of Wheat Ridge (08-08-0276P)	April 10, 2008, April 17, 2008, The Golden Transcript	The Honorable Jerry DiTullio, Mayor, City of Wheat Ridge, 7500 West 29th Avenue, Wheat Ridge, CO 80033	August 18, 2008	085079
Summit	Town of Silverthorne (07-08-0747P)	April 4, 2008, April 11, 2008, Summit County Journal	The Honorable Dave Koop, Mayor, Town of Silverthorne, P.O. Box 1002, Silverthorne, CO 80498	August 11, 2008	080201
Florida:
Polk	City of Lakeland (08-04-0475P)	February 27, 2008, March 5, 2008, Polk County Democrat	The Honorable Ralph L. Fletcher, Mayor, City of Lakeland, 228 South Massachusetts Avenue, Lakeland, FL 33801	February 20, 2008	120267
Polk	Unincorporated areas of Polk County (08-04-0620P)	February 13, 2008, February 20, 2008, Polk County Democrat	The Honorable Bob English, Chairman, Polk County Board of Commissioners, P.O. Box 9005, Drawer BC01, Bartow, FL 33831	May 21, 2008	120261
Sarasota	City of Sarasota (08-04-0422P)	March 6, 2008, March 13, 2008, Sarasota Herald-Tribune	The Honorable Lou Ann Palmer, Mayor, City of Sarasota, 1565 First Street, Suite 101, Sarasota, FL 34236	February 28, 2008	125150
Sarasota	City of Sarasota (08-04-0621P)	April 4, 2008, April 11, 2008, Sarasota Herald-Tribune	The Honorable Lou Ann Palmer, Mayor, City of Sarasota, 1565 First Street, Room 101, Sarasota, FL 34236	March 28, 2008	125150
Georgia: Barrow	Unincorporated areas of Barrow County (08-04-0478P)	March 5, 2008, March 12, 2008, Barrow County News	The Honorable Douglas H. Garrison, Chairman, Barrow County, Board of Commissioners, 233 East Broad Street, Winder, GA 30680	July 11, 2008	130497
Hawaii:
Hawaii	Unincorporated areas of Hawaii County (08-09-0081P)	April 3, 2008, April 10, 2008, Hawaii Tribune-Herald	The Honorable Harry Kim, Mayor, Hawaii County, 25 Aupuni Street, Room 215, Hilo, HI 96720	August 8, 2008	155166
Hawaii	Unincorporated areas of Hawaii County (08-09-0102P)	April 3, 2008, April 10, 2008, Hawaii Tribune-Herald	The Honorable Harry Kim, Mayor, Hawaii County, 25 Aupuni Street, Room 215, Hilo, HI 96720	March 25, 2008	155166
Idaho:
Ada	Unincorporated areas of Ada County (07-10-0641P)	April 4, 2008, April 11, 2008, Idaho Statesman	The Honorable Fred Tilman, Chairman, Ada County Board of Commissioners, 200 West Front Street, Boise, ID 83702	August 11, 2008	160001
Ada	City of Meridian (07-10-0641P)	April 4, 2008, April 11, 2008, Idaho Statesman	The Honorable Tammy de Weerd, Mayor, City of Meridian, 33 East Idaho Avenue, Meridian, ID 83642-2300	August 11, 2008	160180
Illinois:
DuPage	City of Aurora (08-05-0818P)	April 3, 2008, April 10, 2008, Beacon News	The Honorable Thomas J. Weisner, Mayor, City of Aurora, 44 East Downer Place, Aurora, IL 60507	March 25, 2008	170320
DuPage	Village of Glen Ellyn (08-05-1365P)	April 11, 2008, April 18, 2008, Wheaton Sun	The Honorable Gregory S. Mathews, President, Village of Glen Ellyn, 535 Duane Street, Glen Ellyn, IL 60137	August 18, 2008	170207
Grundy	Unincorporated areas of Grundy County (08-05-0597P)	March 21, 2008, March 28, 2008, Herald News	The Honorable Francis E. Halpin, Chairman, Grundy County Board, 1320 Union Street, Morris, IL 60450	April 14, 2008	170256
Grundy	City of Morris (08-05-0597P)	March 21, 2008, March 28, 2008, Herald News	The Honorable Richard Kopczick, Mayor, City of Morris, 320 Wauponsee Street, Morris, IL 60450	April 14, 2008	170263
Will	City of Joliet (07-05-5618P)	March 20, 2008, March 27, 2008, Herald News	The Honorable Arthur Schultz, Mayor, City of Joliet, 150 West Jefferson Street, Joliet, IL 60431	March 10, 2008	170702
Will	Village of Mokena (08-05-0765P)	March 20, 2008, March 27, 2008, Herald News	The Honorable Joseph W. Werner, Village President, Village of Mokena, 11004 Carpenter Street, Mokena, IL 60448	April 14, 2008	170705
Will	City of Naperville (08-05-0551P)	March 6, 2008, March 13, 2008, Naperville Sun	The Honorable A. George Pradel, Mayor, City of Naperville, 400 South Eagle Street, Naperville, IL 60540	February 29, 2008	170213
Will	Village of Shorewood (08-05-1364P)	March 28, 2008, April 4, 2008, Herald News	The Honorable Richard E. Chapman, President, Village of Shorewood, 903 West Jefferson Street, Shorewood, IL 60404	March 24, 2008	170712
Will	Unincorporated areas of Will County (08-05-0551P)	March 6, 2008, March 13, 2008, Naperville Sun	The Honorable Lawrence M. Walsh, Will County Executive, 302 North Chicago Street, Joliet, IL 60432	February 29, 2008	170695
Kansas: Sedgwick	City of Wichita (07-07-1695P)	April 4, 2008, April 11, 2008, Wichita Eagle	The Honorable Carl Brewer, Mayor, City of Wichita, 455 North Main Street, Wichita, KS 67202	March 27, 2008	200328
Massachusetts: Barnstable	Town of Falmouth (07-01-1083P)	April 3, 2008, April 10, 2008, Cape Cod Times	The Honorable Kevin E. Murphy, Chairman, Board of Selectmen, 59 Town Hall Square, Falmouth, MA 02540	August 8, 2008	255211
Minnesota: Dakota	City of Lakeville (08-05-0668P)	April 3, 2008, April 10, 2008, Lakeville Sun Current	The Honorable Holly Dahl, Mayor, City of Lakeville, 20195 Holyoke Avenue, Lakeville, MN 55044	March 26, 2008	270107
Missouri:
Jackson	City of Grain Valley (07-07-1749P)	April 7, 2008, April 14, 2008, The Blue Springs Examiner	The Honorable David Halphin, Mayor, City of Grain Valley, 711 Main Street, Grain Valley, MO 64029	August 14, 2008	290737
Taney	City of Branson (07-07-1909P)	March 7, 2008, March 14, 2008, Branson Daily News	The Honorable Raeanne Presley, Mayor, City of Branson, 110 West Maddux Street, Branson, MO 65616	July 14, 2008	290436
Taney	City of Hollister (07-07-1909P)	March 7, 2008, March 14, 2008, Branson Daily News	The Honorable David G. Tate, Mayor, City of Hollister, 312 Esplanade Street, Hollister, MO 65373	July 14, 2008	290437
Taney	Unincorporated areas of Taney County (07-07-1909P)	March 7, 2008, March 14, 2008, Branson Daily News	The Honorable Chuck Pennel, Presiding Commissioner, Taney County Commission, P.O. Box 383, Forsyth, MO 65653	July 14, 2008	290435
South Carolina:
Greenville	Unincorporated areas of Greenville County (08-04-0619P)	March 7, 2008, March 14, 2008, The Greenville News	The Honorable Butch Kirven, Chairman, Greenville County Council, 213 League Road, Simpsonville, SC 29681	July 11, 2008	450089
Richland	Unincorporated areas of Richland County (07-04-3534P)	March 7, 2008, March 14, 2008, Columbia Star	The Honorable Joseph McEachern, Chairman, Richland County Council, 2020 Hampton Street, Suite 4069, Columbia, SC 29202	July 14, 2008	450170
Richland	Unincorporated areas of Richland County (08-04-1671P)	March 7, 2008, March 14, 2008, Columbia Star	The Honorable Joseph McEachern, Chairman, Richland County Council, 2020 Hampton Street, Second Floor, Columbia, SC 29202	July 14, 2008	450170
Tennessee:
Davidson	Metropolitan Government of Nashville & Davidson County (08-04-0137P)	March 6, 2008, March 13, 2008, The Tennessean	The Honorable Bill Purcell, Mayor, Metropolitan Government of Nashville and Davidson County, 107 Metropolitan Courthouse, Nashville, TN 37201	July 11, 2008	470040
Madison	City of Jackson (07-04-4683P)	March 7, 2008, March 14, 2008, Jackson Sun	The Honorable Jerry Gist, Mayor, City of Jackson, 121 East Main Street, Suite 301, Jackson, TN 38301	March 31, 2008	470113
Wilson	City of Lebanon (08-04-0116P)	March 7, 2008, March 14, 2008, Wilson Post	The Honorable Donald W. Fox, Mayor, City of Lebanon, 200 North Castle Heights Avenue, Suite 100, Lebanon, TN 37087	July 21, 2008	470208
Wilson	Unincorporated areas of Wilson County (08-04-0116P)	March 7, 2008, March 14, 2008, Wilson Post	The Honorable Robert Dedman, Mayor, Wilson County, 228 East Main Street, Lebanon, TN 37087	July 21, 2008	470207
Texas:
Collin	Town of Prosper (08-06-0164P)	April 3, 2008, April 10, 2008, Allen American	The Honorable Charles Niswanger, Mayor, Town of Prosper, P.O. Box 307, Prosper, TX 75078	August 8, 2008	480141
Dallas	City of Coppell (07-06-2203P)	April 2, 2008, April 9, 2008, Coppell Gazette	The Honorable Douglas N. Stover, Mayor, City of Coppell, P.O. Box 9478, Coppell, TX 75019	April 24, 2008	480170
El Paso	City of El Paso (07-06-2485P)	April 3, 2008, April 10, 2008, El Paso Times	The Honorable John Cook, Mayor, City of El Paso, Two Civic Center Plaza, Tenth Floor, El Paso, TX 79901	March 27, 2008	480214
Tarrant	City of Bedford (08-06-1343P)	March 7, 2008, March 14, 2008, Colleyville Courier	The Honorable Jim Story, Mayor, City of Bedford, 2000 Forest Ridge Drive, Bedford, TX 76021	June 13, 2008	480585
Tarrant	City of Euless (08-06-1343P)	March 7, 2008, March 14, 2008, Colleyville Courier	The Honorable Mary Lib Saleh, Mayor, City of Euless, 201 North Ector Drive, Euless, TX 76039	June 13, 2008	480593
Tarrant	City of Keller (08-06-0002P)	March 28, 2008, April 4, 2008, Keller Citizen	The Honorable Pat McGrail, Mayor, City of Keller, P.O. Box 770, Keller, TX 76244	August 4, 2008	480602
Travis	Unincorporated areas of Travis County (07-06-1238P)	April 3, 2008, April 10, 2008, Austin American-Statesman	The Honorable Samuel T. Biscoe, Travis County Judge, 314 West 11th Street, Suite 520, Austin, TX 78701	August 8, 2008	481026

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

Dated: May 7, 2008.

David I. Maurstad,

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