[Federal Register Volume 73, Number 140 (Monday, July 21, 2008)]
[Rules and Regulations]
[Pages 42265-42266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16550]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket No. FEMA-B-7793]


Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Interim rule.

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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, (202) 646-3151.

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.

0
Accordingly, 44 CFR part 65 is amended to read as follows:

PART 65--[AMENDED]

0
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.


Sec.  65.4  [Amended]

0
2. The tables published under the authority of Sec.  65.4 are amended 
as follows:

[[Page 42266]]



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                                                             Date and name of
         State and county           Location and case No.     newspaper where     Chief executive officer   Effective date of  modification   Community
                                                           notice was published         of community                                             No.
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Alabama: Tuscaloosa...............  City of Tuscaloosa     June 11, 2008; June   The Honorable Walter       October 16, 2008...............       010203
                                     (08-04-1080P).         18, 2008; The         Maddox, Mayor, City of
                                                            Northport Gazette.    Tuscaloosa, P.O. Box
                                                                                  2089, Tuscaloosa, AL
                                                                                  35403.
Arizona: Pima.....................  City of Tucson (08-09- June 6, 2008; June    The Honorable Bob Walkup,  May 23, 2008...................       040076
                                     0001P).                13, 2008; The Daily   Mayor, City of Tucson,
                                                            Territorial.          P.O. Box 27210, Tucson,
                                                                                  AZ 85726.
Colorado:
    Routt.........................  Unincorporated areas   June 8, 2008; June    The Honorable Nancy        May 30, 2008...................       080156
                                     of Routt County (08-   15, 2008; Steamboat   Stahoviak, Chairperson,
                                     08-0085P).             Pilot.                Routt County, Board of
                                                                                  County Commissioners,
                                                                                  P.O. Box 3598, Steamboat
                                                                                  Springs, CO 80477.
    Routt.........................  City of Steamboat      June 8, 2008; June    The Honorable Paul         May 30, 2008...................       080159
                                     Springs (08-08-        15, 2008; Steamboat   Antonucci, City Council
                                     0085P).                Pilot.                President, City of
                                                                                  Steamboat Springs, P.O.
                                                                                  Box 775088, Steamboat
                                                                                  Springs, CO 80477.
Florida: Orange...................  Unincorporated areas   June 5, 2008; June    The Honorable Richard T.   October 10, 2008...............       120179
                                     of Orange County (05-  12, 2008; Orlando     Crotty, Mayor, Orange
                                     04-1535P).             Weekly.               County, 201 South
                                                                                  Rosalind Avenue, Fifth
                                                                                  Floor, Orlando, FL 32801.
Illinois:
    McHenry.......................  Unincorporated areas   June 12, 2008; June   The Honorable Kenneth D.   October 17, 2008...............       170732
                                     of McHenry County      19, 2008; Northwest   Koehler, Chairman,
                                     (08-05-1169P).         Herald.               McHenry County Board,
                                                                                  McHenry County
                                                                                  Government Center, 2200
                                                                                  North Seminary Avenue,
                                                                                  Woodstock, IL 60098.
    McHenry.......................  City of Woodstock (08- June 12, 2008; June   The Honorable Brian        October 17, 2008...............       170488
                                     05-1169P).             19, 2008; Northwest   Sager, Mayor, City of
                                                            Herald.               Woodstock, 121 West
                                                                                  Calhoun Street,
                                                                                  Woodstock, IL 60098.
    Will County...................  Village of Frankfort   June 12, 2008; June   The Honorable Jim          July 17, 2008..................       170701
                                     (07-05-5331P).         19, 2008; Daily       Holland, Mayor, Village
                                                            Southtown.            of Frankfort, 432 West
                                                                                  Nebraska Street,
                                                                                  Frankfort, IL 60423.
    Will County...................  Unincorporated areas   June 18, 2008; June   The Honorable Lawrence M.  October 23, 2008...............       170695
                                     of Will County (08-    25, 2008; Herald      Walsh, Will County
                                     05-1175P).             News.                 Executive, 302 North
                                                                                  Chicago Street, Joliet,
                                                                                  IL 60432.
Indiana: Allen....................  City of Fort Wayne     June 13, 2008; June   The Honorable Tom Henry,   June 3, 2008...................       180003
                                     (08-05-1821P).         20, 2008; The         Mayor, City of Fort
                                                            Journal Gazette.      Wayne, One Main Street,
                                                                                  Fort Wayne, IN 46802.
Minnesota: St. Louis                City of Duluth (07-05- June 12, 2008; June   The Honorable Don Ness,    October 17, 2008...............       270421
                                     3554P).                19, 2008; Duluth      Mayor, City of Duluth,
                                                            News Tribune.         411 West First Street,
                                                                                  Duluth, MN 55802.
North Carolina: Onslow............  City of Jacksonville   June 13, 2008; June   The Honorable Sammy        June 6, 2008...................       370178
                                     (08-04-0469P).         20, 2008; The Daily   Phillips, Mayor, City of
                                                            News.                 Jacksonville, P.O. Box
                                                                                  128, Jacksonville, NC
                                                                                  28541.
Pennsylvania......................  Township of West       June 12, 2008; June   The Honorable Larry        October 17, 2008...............       421600
                                     Hanover (08-03-        19, 2008; The         Hartman, Chair, Board of
                                     0651P).                Patriot News.         Supervisors, West
                                                                                  Hanover Township, 7171
                                                                                  Allentown Boulevard,
                                                                                  Harrisburg, PA 17112.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')

    Dated: July 8, 2008.
Michael K. Buckley,
Deputy Assistant Administrator for Mitigation, Department of Homeland 
Security, Federal Emergency Management Agency.
[FR Doc. E8-16550 Filed 7-18-08; 8:45 am]
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