E8-18530. 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: Jefferson	City of Birmingham (08-04-2759P)	June 20, 2008; June 27, 2008; The Birmingham News	The Honorable Larry P. Langford, Mayor, City of Birmingham, 710 North 20th Street, Birmingham, AL 35203	July 28, 2008	010116
Colorado: Adams	City of Thornton (08-08-0377P)	June 5, 2008; June 12, 2008; Northglenn-Thornton Sentinel	The Honorable Erik Hansen, Mayor, City of Thornton, 9500 Civic Center Drive, Thornton, CO 80229	October 10, 2008	080007
Connecticut: Hartford	City of Bristol (08-01-0505P)	June 25, 2008; July 2, 2008; The Hartford Courant	The Honorable Arthur Ward, Mayor, City of Bristol, City Hall, 111 North Main Street, Bristol, CT 06010	June 11, 2008	090023
Florida: Seminole	City of Winter Springs (08-04-4157P)	June 18, 2008; June 25, 2008; Orlando Sentinel	The Honorable John F. Bush, Mayor, City of Winter Springs, 21 Tarpon Circle, Winter Springs, FL 32708	October 23, 2008	120295
Hawaii: Maui	Unincorporated areas of Maui County (07-09-1848P)	February 21. 2008; February 28, 2008; Maui News	The Honorable Charmaine Tavares, Mayor, Maui County, 200 South High Street, Wailuku, HI 96793	February 12, 2008	150003
Idaho: Madison	Unincorporated areas of Madison County (08-10-0206P)	July 3, 2008; July 10, 2008; Standard Journal	The Honorable Ralph Robison, Chairman, Madison County, Board of Commissioners, P.O. Box 389, Rexburg, ID 83440	June 16, 2008	160217
Illinois:
Lake	Unincorporated areas of Lake County (08-05-1098P)	June 5, 2008; June 12, 2008; Lake County News-Sun	The Honorable Suzi Schmidt, Chair, Lake County Board, 18 North County Street, Room 1001, Waukegan, IL 60085	October 10, 2008	170357
Lake	Village of Lake Barrington (08-05-1098P)	June 5, 2008; June 12, 2008; Lake County News-Sun	The Honorable Kevin Richardson, President, Village of Lake Barrington, 23860 Old Barrington Road, Lake Barrington, IL 60010	October 10, 2008	170372
Lake	Village of North Barrington (08-05-1098P)	June 5, 2008; June 12, 2008; Lake County News-Sun	The Honorable Bruce J. Sauer, President, Village of North Barrington, 111 Old Barrington Road, North Barrington, IL 60010	October 10, 2008	170383
Minnesota: Anoka	City of Blaine (08-05-1446P)	June 6, 2008; June 13, 2008; Blaine-Spring Lake Park Life	The Honorable Thomas Ryan, Mayor, City of Blaine, 10801 Town Square Drive Northeast, Blaine, MN 55449	October 13, 2008	270007
Missouri:
St. Charles County	Unincorporated areas of St. Charles County (08-07-0068P)	June 25, 2008; July 2, 2008; St. Charles Journal	The Honorable Steve Ehlmann, County Executive, St. Charles County, St. Charles County Courthouse, 100 North Third Street, St. Charles, MO 63301	October 30, 2008	290315
St. Charles County	City of St. Peters (08-07-0068P)	June 25, 2008; July 2, 2008; St. Charles Journal	The Honorable Len Pagano, Mayor, City of St. Peters, One St. Peters Centre Boulevard, St. Peters, MO 63376	October 30, 2008	290319
Montana: Flathead	Unincorporated areas of Flathead County (08-08-0430P)	June 13, 2008; June 20, 2008; Daily Inter Lake	The Honorable Gary D. Hall, Chairman, Flathead County, Board of Commissioners, 800 South Main Street, Kalispell, MT 59901	June 2, 2008	300023
Nevada: Clark	Unincorporated areas of Clark County (07-09-1612P)	July 8, 2008; July 15, 2008; Las Vegas Review-Journal	The Honorable Rory Reid, Chair, Clark County Board of Commissioners, 500 South Grand Central Parkway, Las Vegas, NV 89106	November 12, 2008	320003
Pennsylvania:
Lackawanna	City of Scranton (07-03-0177P)	April 28, 2008; May 5, 2008; The Scranton Times Tribune	The Honorable Christopher A. Doherty, Mayor, City of Scranton, 340 North Washington Avenue, Scranton, PA 18503	September 2, 2008	420538
Lackawanna	Borough of Taylor (07-03-0177P)	April 28, 2008; May 5, 2008; The Scranton Times Tribune	The Honorable Richard Bowen, Mayor, Borough of Taylor, 122 Union Street, Taylor, PA 18517	September 2, 2008	420539
Tennessee:
Coffee	City of Tullahoma (07-04-5627P)	May 14, 2008; May 21, 2008; The Tullahoma News	The Honorable Troy Bisby, Mayor, City of Tullahoma, 201 West Grundy Street, Tullahoma, TN 37388	September 18, 2008	470036
Wilson	City of Lebanon (08-04-1439P)	May 28, 2008; June 4, 2008; The Wilson Post	The Honorable Robert Dedman, Mayor, Wilson County, 228 East Main Street, Room 104, Lebanon, TN 37087	May 16, 2008	270208
Texas:
Bexar	City of San Antonio (07-06-0823P)	June 26, 2008; July 3, 2008; San Antonio Express News	The Honorable Phil Hardberger, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283	October 31, 2008	480045
Collin	City of McKinney (07-06-1407P)	June 26, 2008; July 3, 2008; McKinney Courier Gazette	The Honorable Bill Whitfield, Mayor, City of McKinney, 222 North Tennessee Street, McKinney, TX 75069	October 31, 2008	480135
Ellis	City of Waxahachie (08-06-0662P)	May 28, 2008; June 4, 2008; Waxahachie Daily Light	The Honorable Joe Jenkins, Mayor, City of Waxahachie, P.O. Box 757, Waxahachie, TX 75165	October 2, 2008	480211
Harris	Unincorporated areas of Harris County (07-06-2077P)	July 2, 2008; July 9, 2008; Houston Chronicle	The Honorable Ed Emmett, Harris County Judge, 1001 Preston Street, Suite 911, Houston, TX 77002	October 30, 2008	480287
Tarrant	City of Fort Worth (07-06-2613P)	May 30, 2008; June 6, 2008; Fort Worth Star-Telegram	The Honorable Michael J. Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102	September 29, 2008	480596
Virginia: Independent City	City of Winchester (08-03-0801P)	May 8, 2008; May 15, 2008; The Winchester Star	The Honorable Elizabeth Minor, Mayor, City of Winchester, 231 East Piccadilly Street, Suite 310, Winchester, VA 22601	September 12, 2008	510173
Wisconsin:
Dodge	Unincorporated areas of Dodge County (07-05-4832P)	June 19, 2008; June 26, 2008; Watertown Daily Times	The Honorable Russell E. Kottke, Chairman, Dodge County, Board of Supervisors, 127 East Oak Street, Beaver Dam, WI 53039	October 24, 2008	550094
Dodge	City of Watertown (07-05-4832P)	June 19, 2008; June 26, 2008; Watertown Daily Times	The Honorable Ron Krueger, Mayor, City of Watertown, P.O. Box 477, Watertown, WI 53094	October 24, 2008	550107
Ozaukee	Unincorporated areas of Ozaukee County (08-05-1362P)	June 5, 2008; June 12, 2008; Ozaukee Press	The Honorable Robert Brooks, Chairman, Ozaukee County Board, P.O. Box 994, Port Washington, WI 53074-0994	October 10, 2008	550310

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

Dated: July 25, 2008.

Edward L. Connor,

Deputy Assistant Administrator for Insurance, Department of Homeland Security, Federal Emergency Management Agency.