E8-21685. Changes in Flood Elevation Determinations

AGENCY:

Federal Emergency Management Agency, DHS.

ACTION:

Final rule.

SUMMARY:

Modified Base (1% annual-chance) Flood Elevations (BFEs) are finalized for the communities listed below. These modified BFEs will be used to calculate flood insurance premium rates for new buildings and their contents.

DATES:

The effective dates for these modified BFEs are indicated on the following table and revise the Flood Insurance Rate Maps (FIRMs) in effect for the listed communities prior to this date.

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 Federal Emergency Management Agency (FEMA) makes the final determinations listed below of the modified BFEs for each community listed. These modified BFEs have been published in newspapers of local circulation and ninety (90) days have elapsed since that publication. The Mitigation Division Director of FEMA resolved any appeals resulting from this notification.

The modified BFEs are not listed for each community in this notice. However, this final rule includes the address of the Chief Executive Officer of the community where the modified BFEs determinations are available for inspection.

The modified BFEs are made pursuant to section 206 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 other Federal, State, or regional entities.

These modified BFEs are used to meet the floodplain management requirements of the NFIP and are also used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in these buildings. The changes in BFEs are in accordance with 44 CFR 65.4.

National Environmental Policy Act. This final 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 final 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 final rule involves no policies that have federalism implications under Executive Order 13132, Federalism.

Executive Order 12988, Civil Justice Reform. This final 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: Madison (FEMA Docket No.: B-7788)	City of Huntsville (08-04-1223P)	May 2, 2008; May 9, 2008; Madison County Record	The Honorable Loretta Spencer, Mayor, City of Huntsville, 308 Fountain Circle, Huntsville, AL 35801	April 29, 2008	010153
Arizona:
Coconino (FEMA Docket No.: B-7785)	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
Yavapai (FEMA Docket No.: B-7785)	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 (FEMA Docket No.: B-7785)	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
Colorado:
Jefferson (FEMA Docket No.: B-7780)	City of Lakewood (08-08-0276P)	April 10, 2008; April 17, 2008; The Golden Transcript	The Honorable Bob Murphy, Mayor, City of Lakewood, 480 South Allison Parkway, Lakewood, CO 80226-3127	August 18, 2008	085075
Jefferson (FEMA Docket No.: B-7780)	City of Wheat Ridge (08-08-0276P)	April 10, 2008; April 17, 2008; The Golden Transcript	The Honorable Jerry DiTullio, Mayor, City of Wheat Ridge, 7500 West 29th Avenue, Wheat Ridge, CO 80033	August 18, 2008	085079
Connecticut: New Haven (FEMA Docket No.: B-7785)	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
Hawaii:
Hawaii (FEMA Docket No.: B-7780)	Unincorporated areas of Hawaii County (08-09-0081P)	April 3, 2008; April 10, 2008; Hawaii Tribune-Herald	The Honorable Harry Kim, Mayor, Hawaii County, 25 Aupuni Street, Room 215, Hilo, HI 96720	August 8, 2008	155166
Maui (FEMA Docket No.: B-7797)	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
Illinois: DuPage (FEMA Docket No.: B-7780)	Village of Glen Ellyn (08-05-1365P)	April 11, 2008; April 18, 2008; Wheaton Sun	The Honorable Gregory S. Mathews, President, Village of Glen Ellyn, 535 Duane Street, Glen Ellyn, IL 60137	August 18, 2008	170207
Massachusetts: Barnstable (FEMA Docket No.: B-7780)	Town of Falmouth (07-01-1083P)	April 3, 2008; April 10, 2008; Cape Cod Times	The Honorable Kevin E. Murphy, Chairman, Board of Selectmen, 59 Town Hall Square, Falmouth, MA 02540	August 8, 2008	255211
Minnesota:
Olmsted (FEMA Docket No.: B-7785)	Unincorporated areas of Olmsted Count (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 (FEMA Docket No.: B-7785)	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
Sherburne (FEMA Docket No.: B-7788)	City of Elk River (08-05-0592P)	April 16, 2008; April 23, 2008; Star News	The Honorable Stephanie Klinzing, Mayor, City of Elk River, 13065 Orono Parkway, Elk River, MN 55330	August 15, 2008	270436
Missouri:
Cass (FEMA Docket No.: B-7776)	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
Jackson (FEMA Docket No.: B-7780)	City of Grain Valley (07-07-1749P)	April 7, 2008; April 14, 2008; The Blue Springs Examiner	The Honorable David Halphin, Mayor, City of Grain Valley, 711 Main Street, Grain Valley, MO 64029	August 14, 2008	290737
Ohio:
Franklin (FEMA Docket No.: B-7788)	City of Columbus (07-05-1194P)	April 10, 2008; April 17, 2008; Columbus Dispatch	The Honorable Michael B. Coleman, Mayor, City of Columbus, 90 West Broad Street, Columbus, OH 43215	August 18, 2008	390170
Franklin (FEMA Docket No.: B-7788)	Unincorporated areas of Franklin County (07-05-1194P)	April 10, 2008; April 17, 2008; Columbus Dispatch	The Honorable Marilyn Brown, President, Franklin County, Board of Commissioners, 373 South High Street, 26th Floor, Columbus, OH 43215	August 18, 2008	390167
Warren (FEMA Docket No.: B-7785)	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:
Bexar (FEMA Docket No.: B-7788)	City of San Antonio (08-06-0040P)	May 5, 2008; May 12, 2008; San Antonio Express-News	The Honorable Phil Hardberger, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283	April 28, 2008	480045
Collin (FEMA Docket No.: B-7780)	Town of Prosper (08-06-0164P)	April 3, 2008; April 10, 2008; Allen American	The Honorable Charles Niswanger, Mayor, Town of Prosper, P.O. Box 307, Prosper, TX 75078	August 8, 2008	480141
Denton (FEMA Docket No.: B-7785)	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
Parker (FEMA Docket No.: B-7789)	Unincorporated areas of Parker County (08-06-0872P)	May 7, 2008; May 14, 2008; Weatherford Democrat	The Honorable Mark Riley, Parker County Judge, One Courthouse Square, Weatherford, TX 76086	April 29, 2008	480520
Tarrant (FEMA Docket No.: B-7780)	City of Keller (08-06-0002P)	March 28, 2008; April 4, 2008; Keller Citizen	The Honorable Pat McGrail, Mayor, City of Keller, P.O. Box 770, Keller, TX 76244	August 4, 2008	480602
Travis (FEMA Docket No.: B-7780)	Unincorporated areas of Travis County (07-06-1238P)	April 3, 2008; April 10, 2008; Austin American-Statesman	The Honorable Samuel T. Biscoe, Travis County Judge, 314 West 11th Street, Suite 520, Austin, TX 78701	August 8, 2008	481026

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

Dated: September 4, 2008.

Michael K. Buckley,

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