E8-10337. 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: Lee	City of Opelika (07-04-4788P)	February 14, 2008; February 21, 2008; Opelika-Auburn News	The Honorable Gary Fuller, Mayor, City of Opelika, P.O. Box 390, Opelika, AL 36803-0390	January 31, 2008	010145
Arizona:
Yavapai	Town of Prescott Valley (07-09-1708P)	February 21, 2008; February 28, 2008; Prescott Daily Courier	The Honorable Harvey Skoog, Mayor, Town of Prescott Valley, 7501 East Civic Circle, Prescott Valley, AZ 86314	June 27, 2008	040121
Yavapai	Yavapai County (07-09-1708P)	February 21, 2008; February 28, 2008; Prescott Daily Courier	The Honorable Chip Davis, Chairman, Yavapai County, Board of Supervisors 1015 Fair Street, Prescott, AZ 86305	June 27, 2008	040093
Arkansas: Pope	City of Russellville (07-06-2298P)	February 7, 2008; February 14, 2008; The Courier	The Honorable Raye Turner, Mayor, City of Russellville, P.O. Box 428, Russellville, AR 72801	March 3, 2008	050178
California:
Fresno	City of Coalinga (07-09-1375P)	February 6, 2008; February 13, 2008; Coalinga Record	The Honorable Trish Hill, Mayor, City of Coalinga, 155 West Durian Avenue, Coalinga, CA 93210	February 25, 2008	060045
Fresno	Fresno County (07-09-1375P)	February 6, 2008; February 13, 2008; Coalinga Record	The Honorable Phil Larson, Fresno County Board of Supervisors, 2281 Tulare Street, 301 Hall of Records, Fresno, CA 93721	February 25, 2008	065029
Orange	City of Irvine, CA (08-09-0082P)	February 14, 2008; February 21, 2008; Irvine World News	The Honorable Beth Krom, Mayor, City of Irvine, P.O. Box 19575, Irvine, CA 92623	May 22, 2008	060222
San Luis Obispo	Unincorporated areas of San Luis Obispo County (07-09-1955P)	March 7, 2008; March 14, 2008; The Tribune	The Honorable James Patterson, Chairman, San Luis Obispo County Board of Supervisors, 1055 Monterey Street, Room D-430, San Luis Obispo, CA 93408	July 14, 2008	060304
Colorado: Adams	City of Thornton (08-08-0056P)	February 21, 2008; February 28, 2008; Northglenn-Thornton Sentinel	The Honorable Erik Hansen, Mayor, City of Thornton, 9500 Civic Center Drive, Thornton, CO 80229	June 27, 2008	080007
Delaware: Sussex	Unincorporated areas of Sussex County (08-03-0159P)	February 13, 2008; February 20, 2008; The Wave	The Honorable George B. Cole, Sussex County Council, P.O. Box 589, Georgetown, DE 19947	May 21, 2008	100029
Florida:
Charlotte	Unincorporated areas of Charlotte County (07-04-6248P)	January 31, 2008; February 7, 2008; Charlotte Sun	The Honorable Adam Cummings, Chairman, Charlotte County, Board of Commissioners 18500 Murdock Circle, Port Charlotte, FL 33948	January 17, 2008	120061
Collier	City of Naples (07-04-6595P)	February 7, 2008; February 14, 2008; Naples Daily News	The Honorable Bill Barnett, Mayor, City of Naples, 735 Eighth Street South, Naples, FL 34102	January 28, 2008	125130
Georgia:
Barrow	Unincorporated areas of Barrow County (07-04-6544P)	February 13, 2008; February 20, 2008; The Barrow County News	The Honorable Douglas H. Garrison, Chairman, Barrow County Board of Commissioners, 233 East Broad Street, Winder, GA 30680	May 21, 2008	130497
Barrow	City of Winder (07-04-6544P)	February 13, 2008; February 20, 2008; The Barrow County News	The Honorable George “Chip” Thompson, III, Mayor, City of Winder, P.O. Box 566, Winder, GA 30680	May 21, 2008	130234
Chatham	Unincorporated areas of Chatham County (07-04-6193P)	January 15, 2008; January 22, 2008; Effingham Herald	The Honorable Pete Liakakis, Chairman, Chatham County Board of Commissioners, 124 Bull Street, Suite 220, Savannah, GA 31401	April 22, 2008	130030
Effingham	Unincorporated areas of Effingham County (07-04-6193P)	January 15, 2008; January 22, 2008; Effingham Herald	The Honorable Verna H. Phillips, Chairman, Effingham County Board of Commissioners, 601 North Laurel Street, Springfield, GA 31329	April 22, 2008	130076
Idaho:
Ada	Unincorporated areas of Ada County (07-10-0624P)	February 28, 2008; March 6, 2008; Idaho Statesman	The Honorable Fred Tilman, Chairman, Ada County Board of Commissioners, 200 West Front Street, Boise, ID 83702	July 7, 2008	160001
Ada	City of Meridian (07-10-0624P)	February 28, 2008; March 6, 2008; Idaho Statesman	The Honorable Tammy De Weerd, Mayor, City of Meridian, 33 East Idaho Avenue, Meridian, ID 83642-2300	July 7, 2008	160180
Illinois:
St. Clair	Unincorporated areas of St. Clair County (07-05-5847P)	February 7, 2008; February 14, 2008; Belleville News-Democrat	The Honorable Mark Kern, Chairman, St. Clair County Board of Commissioners, 10 Public Square, Belleville, IL 62220	May 15, 2008	170616
Will	City of Joliet (08-05-0389P)	January 31, 2008; February 7, 2008; Herald News	The Honorable Arthur Schultz, Mayor, City of Joliet, 150 West Jefferson Street, Joliet, IL 60431	January 23, 2008	170702
Will	City of Lockport (08-05-0065P)	February 14, 2008; February 21, 2008; Herald News	The Honorable Tim Murphy, Mayor, City of Lockport, 222 East Ninth Street, Lockport, IL 60441	January 30, 2008	170703
Kansas:
Douglas	City of Lawrence (07-07-0691P)	February 7, 2008; February 14, 2008; Lawrence Daily Journal-World	The Honorable Sue Hack, Mayor, City of Lawrence, P.O. Box 708, Lawrence, KS 66044	January 28, 2008	200090
Sedgwick	City of Wichita (08-07-0138P)	March 7, 2008; March 14, 2008; The Wichita Eagle	The Honorable Carl Brewer, Mayor, City of Wichita, 455 North Main Street, Wichita, KS 67202	February 26, 2008	200328
Maryland:
Charles	Unincorporated areas of Charles County (07-03-1449P)	March 5, 2008; March 12, 2008; Maryland Independent	The Honorable Wayne Cooper, President, Charles County Commissioners, P.O. Box 2150, La Plata, MD 20646	July 11, 2008	240089
Montgomery	Unincorporated areas of Montgomery County (08-03-0615X)	February 27, 2008; March 5, 2008; The Gazette	Mr. Isiah Leggett, Montgomery County Executive, 101 Monroe Street, Second Floor, Rockville, MD 20850	June 5, 2008	240049
Wicomico	City of Salisbury (07-03-1102P)	January 31, 2008; February 7, 2008; Daily Times	The Honorable Barrie Tilghman, Mayor, City of Salisbury, 1009 Monitor Court, Salisbury, MD 21801	January 18, 2008	240080
Wicomico	Unincorporated areas of Wicomico County (07-03-1102P)	January 31, 2008; February 7, 2008; Daily Times	Mr. Rick Pollitt, Wicomico County Executive, P.O. Box 870, Salisbury, MD 21803	January 18, 2008	240078
Massachusetts:
Norfolk	Town of Wellesley (07-01-1131P)	February 7, 2008; February 14, 2008; Wellesley Townsman	The Honorable Owen H. Dugan, Chairman, Town of Wellesley Board of Selectmen, 525 Washington Street, Wellesley, MA 02181	May 15, 2008	250255
Norfolk	Town of Wellesley (08-01-0508X)	March 6, 2008; March 13, 2008; Wellesley Townsman	The Honorable Owen H. Dugan, Chairman, Board of Selectmen, 525 Washington Street, Wellesley, MA 02181	July 11, 2008	250255
Plymouth	Town of Rockland (08-01-0140P)	March 15, 2008; March 22, 2008; Rockland Standard	The Honorable Mary Parsons, Chair, Board of Selectmen, Town of Rockland, 242 Union Street, Rockland, MA 02370	June 16, 2008;	250281
Michigan: Monroe	Village of Dundee (07-05-0218P)	February 14, 2008; February 21, 2008; The Monroe Evening News	The Honorable Ted Norris, Village President, Village of Dundee, Dundee Village Office, 350 West Monroe Street, Dundee, MI 48131	May 22, 2008	260313
Missouri:
Cass	City of Harrisonville (07-07-1674P)	March 28, 2008; April 4, 2008; Democrat Missourian	The Honorable Kevin W. Wood, Mayor, City of Harrisonville, 300 East Pearl Street, Harrisonville, MO 64701	August 4, 2008	290068
Lincoln	Unincorporated areas of Lincoln County (07-07-1516P)	March 26, 2008; April 2, 2008; Troy Free Press	The Honorable Sean O'Brien, Presiding Commissioner, Lincoln County Commission, 201 Main Street, Troy, MO 63379	July 31, 2008	290869
New Jersey:
Mercer	Township of Hamilton (07-02-0844P)	February 7, 2008; February 14, 2008; Trenton Times	The Honorable John F. Bencivengo, Mayor, Township of Hamilton, 2090 Greenwood Avenue, Hamilton, NJ 08650-0150	May 15, 2008	340246
Union	Township of Union (07-02-0942P)	February 21, 2008; February 28, 2008; Union Leader	The Honorable Clifton People, Jr., Mayor, Township of Union, 1976 Morris Avenue, Union, NJ 07083	May 22, 2008	340477
New York: Erie	Town of Lancaster (07-02-0974P)	March 7, 2008; March 14, 2008; Buffalo News	The Honorable Robert H. Giza, Supervisor, Town of Lancaster, 21 Central Avenue, Lancaster, NY 14086	August 28, 2008	360249
Nebraska: Lincoln	City of North Platte (07-07-0322P)	February 28, 2008; March 6, 2008; North Platte Telegraph	The Honorable G. Keith Richardson, Mayor, City of North Platte, 211 West Third Street, North Platte, NE 69101	July 7, 2008	310143
North Carolina:
Brunswick	Unincorporated Areas of Brunswick County (07-04-6003P)	March 6, 2008; March 13, 2008; The Brunswick Beacon	Mr. Marty Lawing, Manager, Brunswick County, P.O. Box 249, Bolivia, North Carolina 28422	January 30, 2008	370295
Martin	Unincorporated Areas of Martin County (08-04-1028P)	March 11, 2008; March 18, 2008; The Enterprise	Mr. W. Russell Overman, Manager, Martin County, P.O. Box 668, Williamston, North Carolina 27892	February 29, 2008	370155
Wake	City of Raleigh (07-04-3146P)	February 4, 2008; February 11, 2008; The News & Observer	The Honorable Charles Meeker, Mayor of the City of Raleigh, P.O. Box 590, Raleigh, North Carolina 27602	February 29, 2008	370243
Wake	City of Raleigh (07-04-4250P)	February 7, 2008; February 14, 2008; The News & Observer	The Honorable Charles Meeker, Mayor, City of Raleigh, P.O. Box 590, 222 West Hargett Street, Raleigh, North Carolina 27602	May 14, 2008	370243
Wake	Unincorporated areas of Wake County (07-04-6027P)	January 31, 2008; February 7, 2008; The Wake Weekly	Mr. David Cooke, Manager, Wake County, 337 South Salisbury Street, Suite 1100, Raleigh, NC 27602	May 8, 2008	370368
Wake	Town of Wake Forest (07-04-4250P)	February 7, 2008; February 14, 2008; The Wake Weekly	The Honorable Vivian Jones, Mayor, Town of Wake Forest, 401 Elm Avenue, Wake Forest, North Carolina 27587	May 14, 2008	370244
Wake	Town of Wake Forest (07-04-6027P)	January 31, 2008; February 7, 2008; The Wake Weekly	The Honorable Vivian A. Jones, Mayor, Town of Wake Forest, 401 Elm Avenue, Wake Forest, NC 27587	May 8, 2008	370244
Ohio: Union	Unincorporated areas of Union County (07-05-6234P)	January 31, 2008; February 7, 2008; Marysville Journal-Tribune	The Honorable Charles Hall, Union County Commissioner, 233 West Sixth Street, Marysville, OH 43040	January 11, 2008	390808
Oklahoma: Tulsa	City of Tulsa (08-06-0093P)	February 7, 2008; February 14, 2008; Tulsa World	The Honorable Kathy Taylor, Mayor, City of Tulsa, 200 Civic Center, 11th Floor, Tulsa, OK 74103	May 15, 2008	405381
Rhode Island: Newport	Town of Tiverton (07-01-1087P)	February 21, 2008; February 28, 2008; Newport Daily News	The Honorable Louise Durfee, President, Town Council, 343 Highland Road, Tiverton, RI 02878	February 8, 2008	440012
South Carolina:
Greenville	Unincorporated areas of Greenville County (07-04-6423P)	January 31, 2008; February 7, 2008; Greenville News	The Honorable Herman G. Kirven, Jr., Chairman, Greenville County Council, 301 University Ridge, Suite 2400, Greenville, SC 29601	May 8, 2008	450089
Jasper	Unincorporated areas of Jasper County (07-04-6192P)	February 13, 2008; February 20, 2008; Jasper County Sun	The Honorable George Hood, Chairman, County Council, Jasper County, P.O. Box 1149, Ridgeland, SC 29936	May 21, 2008	450112
Texas:
Bexar	City of Live Oak (07-06-1905P)	March 7, 2008; March 14, 2008; Daily Commercial Recorder	The Honorable Henry O. Edwards, Jr., Mayor, City of Live Oak, 8001 Shin Oak Drive, Live Oak, TX 78233	July 14, 2008	480043
Bexar	City of San Antonio (08-06-0160P)	February 11, 2008; February 18, 2008; San Antonio Express-News	The Honorable Phil Hardberger, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283	January 31, 2008	480045
Brazos	City of College Station (07-06-0545P)	March 6, 2008; March 13, 2008; Bryan College Station Eagle	The Honorable Ben White, Mayor, City of College Station, 1101 Texas Avenue, College Station, TX 77840	July 11, 2008	480083
Brazos	City of College Station (07-06-1353P)	February 14, 2008; February 21, 2008; Bryan College Station Eagle	The Honorable Ben White, Mayor, City of College Station, 1101 Texas Avenue, College Station, TX 77840	May 22, 2008	480083
Brazos	City of College Station (07-06-1928P)	February 14, 2008; February 21, 2008; Bryan College Station Eagle	The Honorable Ben White, Mayor, City of College Station, 1101 Texas Avenue, College Station, TX 77840	May 22, 2008	480083
Collin	City of Allen (07-06-2335P)	February 7, 2008; February 14, 2008; Allen American	The Honorable Steve Terrell, Mayor, City of Allen, 305 Century Parkway, Allen, TX 75013	March 3, 2008	480131
Collin	City of Frisco (07-06-1223P)	February 22, 2008; February 29, 2008; Frisco Enterprise	The Honorable Michael Simpson, Mayor, City of Frisco, 6101 Frisco Square Boulevard, Frisco, TX 75034	June 30, 2008	480134
Dallas	City of Grand Prairie (07-06-1525P)	February 8, 2008; February 15, 2008; Rowlett Lakeshore Times	The Honorable Charles England, Mayor, City of Grand Prairie, P.O. Box 534045, Grand Prairie, TX 75053	May 16, 2008	485472
Denton	Town of Northlake (07-06-2016P)	March 6, 2008; March 13, 2008; Denton Record-Chronicle	The Honorable Peter Dewing, Mayor, Town of Northlake, P.O. Box 729, Northlake, TX 76247	February 22, 2008	480782
Tarrant	City of Grapevine (07-06-1674P)	March 7, 2008; March 14, 2008; Grapevine Courier	The Honorable William D. Tate, Mayor, City of Grapevine, P.O. Box 95104, Grapevine, TX 76099	July 14, 2008	480598
Tarrant	City of North Richland Hills (07-06-1765P)	February 28, 2008; March 6, 2008; Dallas Morning News	The Honorable Oscar Trevino, Jr., P.E., Mayor, City of North Richland Hills, 7301 North East Loop 820, North Richland Hills, TX 76180	February 14, 2008	480607
Virginia: Independent City	City of Winchester (07-03-1236P)	March 27, 2008; April 3, 2008; Winchester Star	The Honorable Elizabeth Minor, Mayor, City of Winchester, 422 National Avenue, Winchester, VA 22601	March 17, 2008	510173

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

Dated: April 21, 2008;.

David I. Maurstad,

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