E8-20825. 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.
California:
San Diego	City of Escondido (07-09-1345P)	July 24, 2008; July 31, 2008; San Diego Transcript	The Honorable Lori Holt Pfeiler, Mayor, City of Escondido, 201 North Broadway, Escondido, CA 92025	November 28, 2008	060290
San Diego	City of San Diego (08-09-1015P)	July 10, 2008; July 17, 2008; San Diego Transcript	The Honorable Jerry Sanders, Mayor, City of San Diego, 202 C Street, 11th Floor, San Diego, CA 92101	June 30, 2008	060295
Colorado:
Arapahoe	Unincorporated areas of Arapahoe County (08-08-0536P)	July 17, 2008; July 24, 2008; Aurora Sentinel	The Honorable Susan Beckman, Chair, Arapahoe County Board of Commissioners, 5334 South Prince Street, Littleton, CO 80166-0001	November 21, 2008	080011
Arapahoe	City of Aurora (08-08-0536P)	July 17, 2008; July 24, 2008; Aurora Sentinel	The Honorable Ed Tauer, Mayor, City of Aurora, 15151 East Alameda Parkway, Aurora, CO 80012	November 21, 2008	080002
Arapahoe	City of Centennial (08-08-0536P)	July 17, 2008; July 24, 2008; Aurora Sentinel	The Honorable Randy Pye, Mayor, City of Centennial, City of Centennial Office, 12503 East Euclid Drive, Suite 200, Centennial, CO 80111	November 21, 2008	080315
Arapahoe	City of Cherry Hills Village (08-08-0414P)	July 4, 2008; July 11, 2008; The Englewood Herald	The Honorable Mike Wozniak, Mayor, City of Cherry Hills Village, 2450 East Quincy Avenue, Cherry Hills Village, CO 80113	November 11, 2008	080013
Florida:
Charlotte	City of Punta Gorda (08-04-4040P)	July 17, 2008; July 24, 2008; Charlotte Sun	The Honorable Larry Friedman, Mayor, City of Punta Gorda, 326 West Marion Avenue, Punta Gorda, FL 33950	June 30, 2008	120062
Monroe	Unincorporated areas of Monroe County (08-04-0421P)	July 10, 2008; July 17, 2008; Key West Citizen	The Honorable Mario DiGennaro, Mayor, Monroe County, Florida Keys Marathon Airport, 9400 Overseas Highway, Suite 210, Marathon, FL 33050	June 30, 2008	125129
Monroe	Unincorporated areas of Monroe County (08-04-3795P)	July 10, 2008; July 17, 2008; Key West Citizen	The Honorable Mario DiGennaro, Mayor, Monroe County, Florida Keys Marathon Airport, 9400 Overseas Highway, Suite 210, Marathon, FL 33050	June 30, 2008	125129
Polk	City of Winter Haven, (08-04-2591P)	July 17, 2008; July 24, 2008; Winter Haven News Chief	The Honorable Nathaniel Birdsong, Jr., Mayor, City of Winter Haven, 451 Third Street, Northwest, Winter Haven, FL 33881	November 21, 2008	120271
Sumter	City of Wildwood (08-04-0921P)	July 17, 2008; July 24, 2008; Sumter County Times	The Honorable Ed Wolf, Mayor, City of Wildwood, 100 North Main Street, Wildwood, FL 34785	June 30, 2008	120299
Georgia: Columbia	Unincorporated areas of Columbia County (08-04-0423P)	July 27, 2008; August 3, 2008; Columbia County News-Times	The Honorable Ron C. Cross, Chairman, Columbia County, Board of Commissioners, P.O. Box 498, Evans, GA 30809	December 2, 2008	130059
Indiana: Marion	City of Indianapolis (08-05-2727P)	July 8, 2008; July 15, 2008; Indianapolis Star	The Honorable Gregory A. Ballard, Mayor, City of Indianapolis, 200 East Washington Street, Indianapolis, IN 46204	June 25, 2008	180159
Kansas: Johnson	City of Overland Park (08-07-0908P)	July 9, 2008; July 16, 2008; The Overland Park Sun	The Honorable Carl R. Gerlach, Mayor, City of Overland Park, 10084 Hemlock Drive, Overland Park, KS 66212	June 30, 2008	200174
Maryland:
Carroll	Unincorporated areas of Carroll County (08-03-0973P)	July 31, 2008; August 7, 2008; Carroll County Times	The Honorable Julia Gouge, Commissioner, Carroll County, 225 North Center Street, Westminster, MD 21157	December 5, 2008	240015
Carroll	City of Westminster (08-03-0973P)	July 31, 2008; August 7, 2008; Carroll County Times	The Honorable Thomas K. Ferguson, Mayor, City of Westminster, 1838 Emerald Hill Lane, Westminster, MD 21158	December 5, 2008	240018
Washington	Unincorporated areas of Washington County (08-03-0660P)	June 4, 2008; June 11, 2008; The Herald-Mail	The Honorable John Barr, President, Washington County Commissioners, 100 West Washington Street, Room 226, Hagerstown, MD 21740	October 9, 2008	240070
Massachusetts: Suffolk	City of Boston (08-01-1020P)	July 24, 2008; July 31, 2008; Boston Herald	The Honorable Thomas Menino, Mayor, City of Boston, One City Hall Square, Boston, MA 02201	December 5, 2008	250286
Michigan: Macomb	Township of Macomb (08-05-1867P)	July 16, 2008; July 23, 2008; The Macomb Daily and Daily Tribune	The Honorable John D. Brennan, Township Supervisor, Township of Macomb, 54111 Broughton Road, Macomb, MI 48042	July 2, 2008	260445
Mississippi: DeSoto	City of Olive Branch (08-04-2647P)	July 31, 2008; August 7, 2008; DeSoto Times Today	The Honorable Samuel P. Rikard, Mayor, City of Olive Branch, 9200 Pigeon Roost Road, Olive Branch, MS 38654	July 18, 2008	280286
New Mexico:
Sandoval	Town of Bernalillo (08-06-0693P)	July 17, 2008; July 24, 2008; Santa Fe New Mexican	The Honorable Patricia A. Chavez, Mayor, Town of Bernalillo, P.O. Box 638, Bernalillo, NM 87004	November 21, 2008	350056
Sandoval	City of Rio Rancho (08-06-0693P)	July 17, 2008; July 24, 2008; Santa Fe New Mexican	The Honorable Thomas E. Swisstack, Mayor, City of Rio Rancho, 3200 Civic Center Circle, Northeast, Rio Rancho, NM 87144	November 21, 2008	350146
Sandoval	Unincorporated areas of Sandoval County (08-06-0693P)	July 17, 2008; July 24, 2008; Santa Fe New Mexican	The Honorable Joshua Madalena, Chairman, Sandoval County Commission, Sandoval County Courthouse, 711 Camino Del Pueblo, Bernalillo, NM 87004	November 21, 2008	350055
New York: New York	City of New York (08-02-0948P)	July 17, 2008; July 24, 2008; New York Times	The Honorable Michael R. Bloomberg, Mayor, City of New York, One Centre Street, New York, NY 10007	September 29, 2008	360497
Oklahoma:
Oklahoma	City of Edmond (08-06-0227P)	July 16, 2008; July 23, 2008; The Edmond Sun	The Honorable Daniel R. O'Neil, Mayor, City of Edmond, P.O. Box 2970, Edmond, OK 73083	July 30, 2008	400252
Tulsa	City of Tulsa (08-06-1820P)	June 26, 2008; July 3, 2008; Tulsa World	The Honorable Kathryn L. Taylor, Mayor, City of Tulsa, 200 Civic Center, Tulsa, OK 74103	October 31, 2008	405381
South Dakota: Pennington	City of Rapid City (08-08-0211P)	June 25, 2008; July 2, 2008; Hill City Prevailer-News	The Honorable Alan Hanks, Mayor, City of Rapid City, 300 Sixth Street, Rapid City, SD 57701	October 30, 2008	465420
Texas:
Harris	Unincorporated areas of Harris County (08-06-0795P)	July 2, 2008; July 9, 2008; Houston Chronicle	The Honorable Ed Emmett, Harris County Judge, 1001 Preston Street, Suite 911, Houston, TX 77002	June 25, 2008	480287
Tarrant	City of Grapevine (07-06-0439P)	May 30, 2008; June 6, 2008; Grapevine Courier	The Honorable William D. Tate, Mayor, City of Grapevine, P.O. Box 95104, Grapevine, TX 76099	September 4, 2008	480598
Utah: Uintah	Unincorporated areas of Uintah County (08-08-0264P)	July 22, 2008; July 29, 2008; Uintah Basin Standard	The Honorable Mike McKee, Chairman, Uintah County, Board of Commissioners, 152 East 100 North, Vernal, UT 84078	November 26, 2008	490147
Virginia:
Frederick	Unincorporated areas of Frederick County (08-03-1051P)	July 28, 2008; August 4, 2008; The Winchester Star	The Honorable Richard C. Shickle, Chairman At-Large, Frederick County, Board of Supervisors, 292 Green Spring Road, Winchester, VA 22603	December 2, 2008	510063
Frederick	City of Winchester (08-03-1051P)	July 28, 2008; August 4, 2008; The Winchester Star	The Honorable Elizabeth Minor, Mayor, City of Winchester, 231 East Piccadilly Street, Suite 310, Winchester, VA 22601	December 2, 2008	510173
Independent City	City of Winchester (08-03-0972P)	July 3, 2008; July 10, 2008; The Winchester Star	The Honorable Elizabeth Minor, Mayor, City of Winchester, 231 East Piccadilly Street, Suite 310, Winchester, VA 22601	October 31, 2008	510173

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

Dated: August 26, 2008.

Michael K. Buckley,

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