E8-15980. 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.
Arizona:
Maricopa (FEMA Docket No.: B-7772)	Unincorporated areas of Maricopa County (07-09-1354P)	January 10, 2008; January 17, 2008; Arizona Business Gazette	The Honorable Fulton Brock, Chairman, Maricopa County, Board of Supervisors, 301 West Jefferson Street, 10th Floor, Phoenix, AZ 85003	January 4, 2008	040037
Maricopa (FEMA Docket No.: B-7772)	City of Phoenix (07-09-1713P)	January 3, 2008; January 10, 2008; Arizona Business Gazette	The Honorable Phil Gordon, Mayor, City of Phoenix, 200 West Washington Street, 11th Floor, Phoenix, AZ 85003	January 14, 2008	040051
Mohave (FEMA Docket No.: B-7772)	City of Kingman (07-09-0639P)	January 24, 2008; January 31, 2008; The Kingman Daily Miner	The Honorable Lester Byram, Mayor, City of Kingman, 310 North Fourth Street, Kingman, AZ 86401	May 1, 2008	040060
Yavapai (FEMA Docket No.: B-7772)	Town of Prescott (07-09-1453P)	January 3, 2008; January 10, 2008; Prescott Daily Courier	The Honorable Harvey C. Skoog, Mayor, Town of Prescott Valley, 7501 East Civic Circle, Prescott Valley, AZ 86314	December 14, 2007	040121
Yavapai (FEMA Docket No: B-7766)	Unincorporated areas of Yavapai County (07-09-1369P)	December 13, 2007; December 20, 2007; Prescott Daily Courier	The Honorable Chip Davis, Chairman, Yavapai County Board of Supervisors, 1015 Fair Street, Prescott, AZ 86305	March 20, 2008	040093
Yavapai (FEMA Docket No.: B-7772)	Unincorporated areas of Yavapai County (07-09-1440P)	January 10, 2008; January 17, 2008; Prescott Daily Courier	The Honorable Chip Davis, Chairman, Yavapai County Board of Supervisors, 1015 Fair Street, Prescott, AZ 86305	April 17, 2008	040093
California:
San Diego (FEMA Docket No.: B-7772)	City of Chula Vista (07-09-1325P)	January 10, 2008; January 17, 2008; San Diego Daily Transcript	The Honorable Cheryl Cox, Mayor, City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910	December 27, 2007	065021
Shasta (FEMA Docket No.: B-7772)	City of Anderson (07-09-1860P)	January 9, 2008; January 16, 2008; Anderson Valley Post	The Honorable Keith Webster, Mayor, City of Anderson, 1887 Howard Street, Anderson, CA 96007	April 16, 2008	060359
Yuba (FEMA Docket No.: B-7772)	Unincorporated areas of Yuba County (07-09-1893P)	January 10, 2008; January 17, 2008; The Appeal-Democrat	The Honorable Hal Stocker, Chairman, Yuba County Board of Supervisors, 915 Eighth Street, Suite 109, Marysville, CA 95901	December 26, 2007	060427
Florida: Collier (FEMA Docket No.: B-7776)	City of Naples (07-04-6595P)	February 7, 2008; February 14, 2008; Naples Daily News	The Honorable Bill Barnett, Mayor, City of Naples, 735 Eighth Street South, Naples, FL 34102	January 28, 2008	125130
Georgia: Columbia (FEMA Docket No.: B-7772)	Unincorporated areas of Columbia County (07-04-2731P)	December 26, 2007; January 2, 2008; Columbia County News-Times	The Honorable Ron C. Cross, Chairman, Columbia County Board of Commissioners, P.O. Box 498, Evans, GA 30809	April 2, 2008	130059
Illinois:
Clinton (FEMA Docket No.: B-7772)	Unincorporated areas of Clinton County (07-05-6034P)	January 24, 2008; January 31, 2008; The Breese Journal	The Honorable Ray Kloeckner, Chairman, Clinton County Board of Directors, 4626 Court Road, Germantown, IL 62245	January 10, 2008	170044
DuPage (FEMA Docket No.: B-7766)	Unincorporated areas of DuPage County (07-05-2642P)	December 13, 2007; December 20, 2007; Daily Herald	The Honorable Robert J. Schillerstorm, Chairman, DuPage County Board, 505 North County Farm Road, Wheaton, IL 60187	March 20, 2008	170197
Lake (FEMA Docket No.: B-7772)	Unincorporated areas of Lake County (06-05-BR72P)	January 10, 2008; January 17, 2008; Lake County News-Sun	The Honorable Suzi Schmidt, Chairman, Lake County Board of Commissioners, 18 North County Street, Room 1001, Waukegan, IL 60085	April 17, 2008	170357
Will (FEMA Docket No.: B-7772)	Village of Plainfield (07-05-5056P)	January 3, 3008; January 10, 2008; Herald News	The Honorable James A. Waldorf, President, Village of Plainfield, 24401 West Lockport Street, Plainfield, IL 60544	December 11, 2007	170771
Indiana: Miami (FEMA Docket No.: B-7772)	City of Peru (08-05-0338P)	December 13, 2007; December 20, 2007; Peru Tribune	The Honorable James R. Walker, Mayor, City of Peru, 35 South Broadway, Peru, IN 46970	December 31, 2007	180168
Iowa: Dallas and Polk (FEMA Docket No.: B-7772)	City of Clive (07-07-1800P)	January 18, 2008; January 25, 2008; The Des Moines Register	The Honorable Les Aasheim, Mayor, City of Clive, 1900 Northwest 114th Street, Clive, IA 50325	April 25, 2008	190488
North Carolina:
Wake (FEMA Docket No. B-7776)	City of Raleigh (07-04-3146P)	February 4, 2008; February 11, 2008; The News & Observer	The Honorable Charles Meeker, Mayor of the City of Raleigh, P.O. Box 590, Raleigh, North Carolina 27602	February 29, 2008	370243
Wake (FEMA Docket No. B-7776)	City of Raleigh (07-04-4250P)	February 7, 2008; February 14, 2008; The News & Observer	The Honorable Charles Meeker, Mayor, City of Raleigh, P.O. Box 590, 222 West Hargett Street, Raleigh, North Carolina 27602	May 14, 2008	370243
Wake (FEMA Docket No. B-7776)	Town of Wake Forest (07-04-4250P)	February 7, 2008; February 14, 2008; The Wake Weekly	The Honorable Vivian Jones, Mayor, Town of Wake Forest, 401 Elm Avenue, Wake Forest, North Carolina 27587	May 14, 2008	370244
North Dakota:
Burleigh (FEMA Docket No.: B-7772)	City of Bismark (07-08-0142P)	January 10, 2008; January 17, 2008; Bismark Tribune	The Honorable John Warford, Mayor, City of Bismarck, P.O. Box 5503, Bismarck, ND 58506-5503	April 17, 2008	380149
Burleigh (FEMA Docket No.: B-7772)	Unincorporated areas of Burleigh County (07-08-0142P)	January 10, 2008; January 17, 2008; Bismark Tribune	The Honorable Marlan Haakenson, Chairman, Burleigh County Commission, 115 South Griffin Street, Bismarck, ND 58504-5309	April 17, 2008	380017
Oregon:
Clackamas, Multnomah, Washington (FEMA Docket No.: B-7772)	City of Portland (07-10-0004P)	January 9, 2008; January 16, 2008; The Gresham Outlook	The Honorable Tom Potter, Mayor, City of Portland, 1221 Southwest Fourth Avenue, Suite 340, Portland, OR 97204	January 28, 2008	410183
Clackamas (FEMA Docket No.: B-7766)	City of Wilsonville (07-10-0469P)	December 12, 2007; December 19, 2007; Wilsonville Spokesman	The Honorable Charlotte Lehan, Mayor, City of Wilsonville, 29786 Southwest Lehan Court, Wilsonville, OR 97070	December 31, 2007	410025
South Carolina: Lexington (FEMA Docket No.: B-7772)	Lexington County (07-04-5473P)	December 6, 2007; December 13, 2007; Lexington County Chronicle	The Honorable William C. “Billy” Derrick, Chairman, Lexington County Council, 212 South Lake Drive, Lexington, SC 29072	March 13, 2008	450129
Texas:
Collin (FEMA Docket No.: B-7772)	City of Allen (07-06-2412P)	January 10, 2008; January 17, 2008; The Allen American	The Honorable Stephen Terrell, Mayor, City of Allen, 305 Century Parkway, Allen, TX 75013	April 17, 2008	480131
Collin (FEMA Docket No.: B-7772)	City of Celina (08-06-0373P)	January 3, 2008; January 10, 2008; The Celina Record	The Honorable Corbett Howard, Mayor, City of Celina, 302 West Walnut Street, Celina, TX 75009	December 26, 2007	480133
Collin (FEMA Docket No.: B-7766)	City of McKinney (07-06-1354P)	December 13, 2007; December 20, 2007; McKinney Courier-Gazette	The Honorable Bill Whitfield, Mayor, City of McKinney, 222 North Tennessee Street, McKinney, TX 75070	March 20, 2008	480135
Kaufman (FEMA Docket No.: B-7772)	City of Terrell (07-06-1906P)	January 10, 2008; January 17, 2008; The Terrell Tribune	The Honorable Hal Richards, Mayor, City of Terrell, P.O. Box 310, Terrell, TX 75160	December 31, 2007	480416
Montgomery (FEMA Docket No.: B-7772)	Unincorporated areas of Montgomery County (06-06-B643P)	January 9, 2008; January 16, 2008; The Montgomery County News	The Honorable Alan B. Sadler, Montgomery County Judge, 301 North Thompson Street, Suite 210, Conroe, TX 77301	April 9, 2008	480483
Travis (FEMA Docket No.: B-7772)	Unincorporated areas of Travis County (07-06-02514P)	January 10, 2008; January 17, 2008; Austin American-Statesman	The Honorable Samuel T. Biscoe, Travis County Judge, P.O. Box 1748, Austin, TX 78767	April 17, 2008	481026
Williamson (FEMA Docket No.: B-7772)	Town of Hutto (07-06-0731P)	January 10, 2008; January 17, 2008; Round Rock Leader	The Honorable Kenneth L. Love, Mayor, Town of Hutto, 401 West Front Street, Hutto, TX 78634	April 17, 2008	481047

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

Dated: July 3, 2008.

Michael K. Buckley,

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