E7-13618. 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 Section, 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.
Arkansas: Lonoke	City of Ward (07-06-1213P)	May 17, 2007, May 24, 2007, Lonoke Democrat	The Honorable Art Brook, Mayor, City of Ward, P.O. Box 237, Ward, AR 72176	April 30, 2007	050372
California:
Riverside	City of Murrieta (07-09-0801P)	May 24, 2007, May 31, 2007, The Californian	The Honorable Douglas R. McAllister, Mayor, City of Murrieta, 26442 Beckman Court, Murrieta, CA 92562	August 30, 2007	060751
Riverside	City of Palm Springs (07-09-0588P)	May 3, 2007, May 10, 2007, The Press-Enterprise	The Honorable Ron Oden, Mayor, City of Palm Springs, 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262	August 9, 2007	060257
San Diego	City of Vista (07-09-0589P)	May 24, 2007, May 31, 2007, San Diego Transcript	The Honorable Morris Vance, Mayor, City of Vista, P.O. Box 1988, Vista, CA 92085	August 30, 2007	060297
Colorado:
El Paso	City of Colorado Springs (06-08-B643P)	May 23, 2007, May 30, 2007, El Paso County Advertiser and News	The Honorable Lionel Rivera, Mayor, City of Colorado Springs, P.O. Box 1575, Colorado Springs, CO 80901	August 29, 2007	080060
El Paso	Unincorporated areas of El Paso County (06-08-B643P)	May 23, 2007, May 30, 2007, El Paso County Advertiser and News	The Honorable Dennis Hisey, Chairman, El Paso County, Board of Commissioners, 27 East Vermijo Avenue, Colorado Springs, CO 80903	August 29, 2007	080059
El Paso	Unincorporated areas of El Paso County (07-08-0044P)	May 16, 2007, May 23, 2007, El Paso County Advertiser and News	The Honorable Dennis Hisey, Chairman, El Paso County Board of Commissioners, 27 East Vermijo Avenue, Colorado Springs, CO 80903	August 22, 2007	080059
Delaware: New Castle	Unincorporated areas of New Castle County (07-03-0213P)	May 18, 2007, May 25, 2007, Newark Post	Mr. Christopher Koons, County Executive, New Castle County, 87 Read's Way, New Castle, DE 19720	August 24, 2007	105085
Florida:
Charlotte	Unincorporated areas of Charlotte County (07-04-0469P)	May 24, 2007, May 31, 2007, Charlotte Sun	The Honorable Thomas G. Moore, Chairman, Charlotte County Board of Commissioners, 18500 Murdock Circle, Port Charlotte, FL 33948	April 27, 2007	120061
Collier	City of Naples (07-04-2297P)	May 24, 2007, May 31, 2007, Naples Daily News	The Honorable Bill Barnett, Mayor, City of Naples, 735 Eighth Street South, Naples, FL 34102	April 27, 2007	125130
Manatee	Unincorporated areas of Manatee County (06-04-C664P)	May 24, 2007, May 31, 2007, Bradenton Herald	The Honorable Amy E. Stein, Chairman, Manatee County Board of Commissioners, P.O. Box 1000, Bradenton, FL 34206	August 30, 2007	120153
Walton	City of Freeport (07-04-3565X)	May 17, 2007, May 24, 2007, Northwest Florida Daily News	The Honorable J. Mickey Marse, Mayor, City of Freeport, P.O. Box 339 , Freeport, FL 32439	April 30, 2007	120319
Illinois:
Cook	Village of Tinley Park (06-05-C262P)	May 17, 2007, May 24, 2007, Daily Herald	The Honorable Edward J. Zabrocki, Mayor, Village of Tinley Park, 16250 South Oak Park Avenue, Tinley Park, IL 60477	April 25, 2007	170169
Cook	Unincoporated areas of Cook County (06-05-C262P)	May 17, 2007, May 24, 2007, Daily Herald	The Honorable Todd H. Stroger, President, Cook County Board of Supervisors, 118 North Clark Street, Room 537, Chicago, IL 60602	April 25, 2007	170054
Kane	City of Batavia (06-05-BP93P)	May 10, 2007, May 17, 2007, Kane County Chronicle	The Honorable Jeffery Schielke, Mayor, City of Batavia, 100 North Island Avenue, Batavia, IL 60510	May 16, 2007	170321
Kane	City of St. Charles (07-05-0398P)	May 24, 2007, May 31, 2007, Press Republican	The Honorable Donald P. DeWitte, Mayor, City of St. Charles, Two East Main Street, St. Charles, IL 60174	August 30, 2007	170330
Kane	Unincorporated areas of Kane County (06-05-BP93P)	May 10, 2007, May 17, 2007, Kane County Chronicle	The Honorable Karen McConnaughay, County Board Chairman, Kane County, 719 South Batavia Avenue, Building A, Geneva, IL 60134	May 16, 2007	170896
Lake	Village of Hawthorn Woods (07-05-2482P)	May 24, 2007, May 31, 2007, Lake County News Sun	The Honorable Keith Hunt, Mayor, Village of Hawthorn Woods, Two Lagoon Drive, Hawthorn Woods, IL 60047	May 30, 2007	170366
Indiana:
DeKalb	City of Butler (07-05-2078P)	May 8, 2007, May 15, 2007, The Butler Bulletin	The Honorable Floyd Coburn, Mayor, City of Butler, 201 South Broadway, Butler, IN 46706	August 14, 2007	180047
DeKalb	Unincorporated areas of DeKalb County (07-05-2078P)	May 8, 2007, May 15, 2007, The Butler Bulletin	The Honorable William C. Ort, Chairman, De Kalb County Board of Commissioners, 100 South Main Street, Auburn, IN 46706	August 14, 2007	180044
Kansas: Butler	City of Andover (07-07-0419P)	May 24, 2007, May 31, 2007, The El Dorado Times	The Honorable Ben Lawrence, Mayor, City of Andover, 909 North Andover Road, Andover, KS 67002	April 27, 2007	200383
Minnesota: Dakota	City of Burnsville (07-05-0873P)	May 24, 2007, May 31, 2007, Burnsville Sun-Current	The Honorable Elizabeth Kautz, Mayor, City of Burnsville, 100 Civic Center Parkway, Burnsville, MN 55337	August 30, 2007	270102
Ohio:
Fairfield	City of Lancaster (07-05-1581P)	April 26, 2007, May 3, 2007, Lancaster Eagle-Gazette	The Honorable David S. Smith, Mayor, City of Lancaster, 104 East Main Street, Lancaster, OH 43130	August 2, 2007	390161
Fairfield	Unincorporated areas of Fairfield County (07-05-1581P)	April 26, 2007, May 3, 2007, Lancaster Eagle-Gazette	The Honorable Judy Shupe, Chairman, Fairfield County Board of Commissioners, 210 East Main Street, Room 301, Lancaster, OH 43130	August 2, 2007	390158
Stark	City of North Canton (07-05-0382P)	May 10, 2007, May 17, 2007, The Repository	The Honorable David J. Held, Mayor, City of North Canton, 145 North Main Street, North Canton, OH 44720	April 12, 2007	390521
Warren	City of Springboro (07-05-0652P)	April 19, 2007, April 26, 2007, The Pulse-Journal	The Honorable John Agenbroad, Mayor, City of Springboro, 1255 South Main Street, Springboro, OH 45066	July 26, 2007	390564
Warren	Unincorporated areas of Warren County (07-05-0652P)	April 19, 2007, April 26, 2007, The Pulse-Journal	The Honorable C. Michael Kilburn, President, Warren County, Board of Commissioners, 406 Justice Drive, Lebanon, OH 45036	July 26, 2007	390757
Oklahoma:
Cleveland	City of Moore (07-06-1131P)	May 3, 2007, May 10, 2007, The Norman Transcript	The Honorable Glenn Lewis, Mayor, City of Moore, 301 North Broadway, Moore, OK 73160	May 18, 2007	400044
Cleveland	City of Norman (06-06-B933P)	May 17, 2007, May 24, 2007, The Norman Transcript	The Honorable Harold Haralson, Mayor, City of Norman, P.O. Box 370, Norman, OK 73070	May 25, 2007	400046
Tulsa and Wagoner	City of Broken Arrow (06-06-BH69P)	May 10, 2007, May 17, 2007, The Tulsa World	The Honorable Richard Carter, Mayor, City of Broken Arrow, P.O. Box 610, Broken Arrow, OK 74013	August 16, 2007	400236
Pennsylvania:
Blair	Township of Snyder (07-03-0770P)	May 24, 2007, May 31, 2007, Altoona Mirror	The Honorable Charles Diehl, Chairman, Snyder Township Board of Supervisors, Township Building R.D.3, Tyrone, PA 16686	April 30, 2007	421393
Blair	Borough of Tyrone (07-03-0770P)	May 24, 2007, May 31, 2007, Altoona Mirror	Mr. George Mason, Borough Manager, Borough of Tyrone, 1100 Logan Avenue, Tyrone, PA 16686	April 30, 2007	420164
Centre	Township of Ferguson (07-03-0218P)	May 3, 2007, May 10, 2007, Centre Daily Times	The Honorable Richard Mascolo, Chairman, Board of Supervisors, Township of Ferguson, 3147 Research Drive, State College, PA 16801	August 9, 2007	420260
Puerto Rico: Puerto Rico	Commonwealth of Puerto Rico (06-02-B001P)	May 17, 2007, May 24, 2007, The San Juan Star	The Honorable Anibal Acevedo-Vila, Governor of the Commonwealth of Puerto Rico, P.O. Box 82, La Fortaleza, San Juan, PR 00901	August 23, 2007	720000
Texas:
Bexar	City of San Antonio (07-06-0242P)	May 17, 2007, May 24, 2007, Daily Commercial Recorder	The Honorable Phil Hardberger, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283	April 30, 2007	480045
Collin	City of Melissa (07-06-0946P)	May 17, 2007, May 24, 2007, McKinney Courier-Gazette	The Honorable David Dorman, Mayor, City of Melissa, 901 State Highway 121, Melissa, TX 75454	August 23, 2007	481626
Collin	City of Plano (07-06-0506P)	May 17, 2007, May 24, 2007, Plano Star Courier	The Honorable Pat Evans, Mayor, City of Plano, P.O. Box 860358, Plano, TX 75086-0358	August 23, 2007	480140
Cooke	City of Gainesville (06-06-BH22P)	May 24, 2007, May 31, 2007, Gainesville Daily Register	The Honorable Glenn Loch, Mayor, City of Gainesville, 200 South Rusk Street, Gainesville, TX 76240	August 30, 2007	480154
Denton	City of Lewisville (07-06-0282P)	May 16, 2007, May 23, 2007, Lewisville Leader	The Honorable Gene Carey, Mayor, City of Lewisville, P.O. Box 299002 , Lewisville, TX 75029	April 30, 2007	480195
Travis	Unincorporated areas of Travis County (07-06-0283P)	May 17, 2007, May 24, 2007, Austin American-Statesman	The Honorable Samuel T. Biscoe, Travis County Judge, P.O. Box 1748, Austin, TX 78767	August 23, 2007	481026
Wichita	City of Wichita Falls (07-06-0210P)	May 17, 2007, May 24, 2007, Wichita Falls Times/Record News	The Honorable Lanham Lyne, Mayor, City of Wichita Falls, P.O. Box 1431, Wichita Falls, TX 76307	May 30, 2007	480662
Virginia: Loudoun	Town of Leesburg (07-03-0584P)	May 16, 2007, May 23, 2007, Loudoun Times Mirror	The Honorable Kristen C. Umstattd, Mayor, Town of Leesburg, P.O. Box 88, Leesburg, VA 20178	April 27, 2007	510091

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

Dated: July 3, 2007.

David I. Maurstad,

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