E8-13209. 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.
Arizona:
Coconino	Unincorporated areas of Coconino County (07-09-1875P)	April 23, 2008; April 30, 2008; Arizona Daily Sun	The Honorable Deb Hill, Chairman, Coconino County, Board of Supervisors, 219 East Cherry Avenue, Flagstaff, AZ 86001	April 15, 2008	040019
Maricopa	City of Peoria (07-09-1919P)	May 1, 2008; May 7, 2008; Daily News-Sun	The Honorable Bob Barrett, Mayor, City of Peoria, 8401 West Monroe Street, Peoria, AZ 85345	September 4, 2008	040050
Yavapai	Town of Prescott Valley (07-09-1655P)	April 21, 2008; April 28, 2008; Prescott Daily Courier	The Honorable Harvey C. Skoog, Mayor, Town of Prescott Valley, 7501 East Civic Circle, Prescott Valley, AZ 86314	April 14, 2008	040121
Yavapai	Unincorporated areas of Yavapai County (07-09-1655P)	April 21, 2008; April 28, 2008; Prescott Daily Courier	The Honorable Chip Davis, Chairman, Yavapai County Board of Supervisors, 1015 Fair Street, Prescott, AZ 86305	April 14, 2008	040093
California: San Diego	City of Vista (08-09-0596P)	May 1, 2008; May 8, 2008; City of Vista	The Honorable Morris C. Vance, Mayor, City of Vista, 600 Eucalyptus Avenue, Building One, Vista, CA 92084	September 5, 2008	060297
Colorado: El Paso	City of Colorado Springs (08-08-0212P)	April 30, 2008; May 7, 2008; El Paso County News	The Honorable Lionel Rivera, Mayor, City of Colorado Springs, P.O. Box 1575, Colorado Springs, CO 80901	September 4, 2008	080060
Connecticut: New Haven	City of New Haven (07-01-1096P)	April 24, 2008; May 1, 2008; New Haven Register	The Honorable John DeStefano, Jr., Mayor, City of New Haven, 165 Church Street, New Haven, CT 06510	April 17, 2008	090084
Georgia:
Camden	Unincorporated areas of Camden County (08-04-1081P)	April 18, 2008; April 25, 2008; Tribune & Georgian	The Honorable Preston Rhodes, Chairman, Camden County, Board of Commissioners, P.O. Box 248, White Oak, GA 31568	August 25, 2008	130262
Camden	City of Kingsland (08-04-1081P)	April 18, 2008; April 25, 2008; Tribune & Georgian	The Honorable Kenneth Smith, Mayor, City of Kingsland, P.O. Box 250, Kingsland, GA 31548	August 25, 2008	130238
Kentucky: Hardin	Unincorporated areas of Hardin County (08-04-1717P)	May 2, 2008; May 9, 2008; The News-Enterprise	The Honorable Harry L. Berry, Hardin County Judge, P.O. Box 568, Elizabethtown, KY 42702	September 8, 2008	210094
Minnesota:
Anoka	City of Blaine (07-05-4703P)	May 2, 2008; May 9, 2008; Spring Lake Park Life	The Honorable Thomas Ryan, Mayor, City of Blaine, 10801 Town Square Drive, Northeast, Blaine, MN 55449	September 8, 2008	270007
Olmsted	Unincorporated areas of Olmsted County (07-05-4071P)	April 10, 2008; April 17, 2008; Post Bulletin	The Honorable Ken Brown, Commissioner, Olmsted County Board of Commissioners, 151 Fourth Street Southeast, Rochester, MN 55904	August 18, 2008	270626
Olmsted	City of Rochester (07-05-4071P)	April 10, 2008; April 17, 2008; Post Bulletin	The Honorable Ardell F. Brede, Mayor, City of Rochester, 201 Fourth Street, Southeast, Room 281, Rochester, MN 55904	August 18, 2008	275246
Mississippi: DeSoto	City of Olive Branch (08-04-0546P)	May 8, 2008; May 15, 2008; DeSoto Times Today	The Honorable Samuel P. Rikard, Mayor, City of Olive Branch, 9200 Pigeon Roost Road, Olive Branch, MS 38654	April 30, 2008	280286
North Carolina:
Forsyth	City of Winston-Salem (07-04-4554P)	February 27, 2008; March 5, 2008; Winston-Salem Journal	The Honorable Allen Joines, Mayor, City of Winston-Salem, 101 North Main Street, Winston-Salem, North Carolina 27101	July 3, 2008	375360
Wake	Town of Cary (07-04-2347P)	April 23, 2008; April 30, 2008; The Cary News	The Honorable Ernest F. McAlister, Mayor, Town of Cary, P.O. Box 8005, Cary, North Carolina 27512-8005	April 11, 2008	370238
Watauga	Town of Blowing Rock (07-04-6273P)	April 24, 2008; May 1, 2008; The Blowing Rocket	The Honorable James B. Lawrence, Mayor, Town of Blowing Rock, P.O. Box 47, Blowing Rock, North Carolina 27605	April 15, 2008	370252
Ohio: Warren	Village of Monroe (07-05-2593P)	April 10, 2008; April 17, 2008; Pulse Journal	The Honorable Robert Routson, Mayor, City of Monroe, P.O. Box 330, Monroe, OH 45050-0330	August 18, 2008	390042
Texas:
Brazos	City of College Station (07-06-2365P)	April 7, 2008; April 10, 2008; Bryan College Station Eagle	The Honorable Ben White, Mayor, City of College Station, 1101 Texas Avenue, College Station, TX 77840	April 25, 2008	480083
Denton	City of Roanoke (07-06-2276P)	May 1, 2008; May 8, 2008; Denton County Chronicle	The Honorable Carl E. Gierisch, Jr., Mayor, City of Roanoke, 108 South Oak Street, Roanoke, TX 76262	April 28, 2008	480785
Travis	City of Austin (08-06-0658P)	May 1, 2008; May 8, 2008; Austin American Statesman	The Honorable Will Wynn, Mayor, City of Austin, P.O. Box 1088, Austin, TX 78767	September 5, 2008	480624
Wisconsin: Dane	Unincorporated areas of Dane County (08-05-1758P)	May 1, 2008; May 8, 2008; Oregon Observer	The Honorable Kathleen Falk, Dane County Executive, 210 Martin Luther King Jr. Boulevard, Room 421, Madison, WI 53703	September 5, 2008	550077

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

Dated: May 28, 2008.

David I. Maurstad,

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