[Federal Register Volume 73, Number 215 (Wednesday, November 5, 2008)]
[Rules and Regulations]
[Pages 65777-65778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26305]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket No. FEMA-B-1015]


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 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.

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:

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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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California:
    Fresno........................  Unincorporated areas   August 26, 2008;      The Honorable Henry        June 16, 2008..................      065029.
                                     of Fresno County,      September 2, 2008;    Perea, Chairman, Fresno
                                     (07-09-1791P).         The Fresno Bee.       County Board of
                                                                                  Supervisors, 2281 Tulare
                                                                                  Street, Room 300,
                                                                                  Fresno, CA 93721.
    Sacramento....................  City of Folsom, (07-   September 17, 2008;   The Honorable Eric King,   January 15, 2009...............      060263.
                                     09-1657P).             September 24, 2008;   Mayor, City of Folsom,
                                                            The Folsom            50 Natoma Street,
                                                            Telegraph.            Folsom, CA 95630.
Colorado:
    Douglas.......................  Unincorporated areas   September 4, 2008;    The Honorable Melanie A.   January 9, 2009................      080049.
                                     of Douglas County,     September 11, 2008;   Worley, Chair, Douglas
                                     (08-08-0334P).         Douglas County News-  County Board of
                                                            Press.                Commissioners, 100 Third
                                                                                  Street, Castle Rock, CO
                                                                                  80104.

[[Page 65778]]

 
    Douglas.......................  Unincorporated areas   September 4, 2008;    The Honorable Melanie A.   August 21, 2008................      080049.
                                     of Douglas County,     September 11, 2008;   Worley, Chairman,
                                     (08-08-0607P).         Douglas County News-  Douglas County Board of
                                                            Press.                Commissioners, 100 Third
                                                                                  Street, Castle Rock, CO
                                                                                  80104.
    Douglas.......................  Town of Parker, (08-   September 4, 2008;    The Honorable David        January 9, 2009................      080310.
                                     08-0334P).             September 11, 2008;   Casiano, Mayor, Town of
                                                            Douglas County News-  Parker, 20120 East Main
                                                            Press.                Street, Parker, CO 80138-
                                                                                  7334.
Illinois: Lake....................  City of Park City,     September 26, 2008;   The Honorable Steve        February 2, 2009...............      170386.
                                     (08-05-3860P).         October 2, 2008;      Pannell, Mayor, City of
                                                            Lake County News-     Park City, 3420 Kehm
                                                            Sun.                  Boulevard, Park City, IL
                                                                                  60085.
Maine: Lincoln....................  Town of Southport,     September 18, 2008;   The Honorable Gerald       August 26, 2008................      230221.
                                     (08-01-0451P).         September 25, 2008;   Gamage, First Selectman,
                                                            Boothbay Register.    Town of Southport, P.O.
                                                                                  Box 149, Southport, ME
                                                                                  04576.
Massachusetts: Worcester..........  Town of Westborough,   September 16, 2008;   The Honorable George       September 26, 2008.............      250344.
                                     (08-01-0865P).         September 23, 2008;   Thompson, Chairman, Town
                                                            Worcester Telegram    of Westborough Board of
                                                            & Gazette.            Selectmen, 34 West Main
                                                                                  Street, Westborough, MA
                                                                                  01581.
Nevada: Clark.....................  Unincorporated areas   September 23, 2008;   The Honorable Rory Reid,   October 14, 2008...............      320003.
                                     of Clark County, (07-  September 30, 2008;   Chair, Clark County
                                     09-0831P).             Las Vegas Review-     Board of Commissioners,
                                                            Journal.              500 South Grand Central
                                                                                  Parkway, Las Vegas, NV
                                                                                  89106.
Ohio:
    Franklin......................  Unincorporated areas   August 20, 2008;      The Honorable Mary Jo      August 4, 2008.................      390167.
                                     of Franklin County,    August 27, 2008;      Kilroy, Commissioner,
                                     (08-05-0337P).         Hilliard News.        Franklin County, 373
                                                                                  South High Street, 26th
                                                                                  Floor, Columbus, OH
                                                                                  43215.
    Franklin......................  City of Hilliard, (08- August 20, 2008;      The Honorable Donald J.    August 4, 2008.................      390175.
                                     05-0337P).             August 27, 2008;      Schonhardt, Mayor, City
                                                            Hilliard News.        of Hilliard, 3800
                                                                                  Municipal Way, Hilliard,
                                                                                  OH 43026.
South Carolina: Sumter............  Unincorporated areas   September 10, 2008;   The Honorable William T.   January 15, 2009...............      450182.
                                     of Sumter County,      September 17, 2008;   Noonan, Sumter County
                                     (08-04-5092P).         The Item.             Administrator, 13 East
                                                                                  Canal Street, Sumter, SC
                                                                                  29150.
Texas:
    Bexar.........................  City of San Antonio,   June 26, 2008; July   The Honorable Phil         June 19, 2008..................      480045.
                                     (07-06-0824P).         3, 2008; San          Hardberger, Mayor, City
                                                            Antonio Express       of San Antonio, P.O. Box
                                                            News.                 839966, San Antonio, TX
                                                                                  78283.
    Montgomery....................  Unincorporated areas   September 23, 2008;   The Honorable Alan B.      January 28, 2009...............      480483.
                                     of Montgomery County   September 30, 2008;   Sadler, Montgomery
                                     (07-06-0641P).         Conroe Courier.       County Judge, 301 North
                                                                                  Thompson Street, Suite
                                                                                  210, Conroe, TX 77301.
    Montgomery....................  City of Panorama       September 23, 2008;   The Honorable Howard       January 28, 2009...............      481263.
                                     Village (07-06-        September 30, 2008;   Kravetz, Mayor, City of
                                     0641P).                Conroe Courier.       Panorama Village, 98
                                                                                  Hiwon Drive, Panorama
                                                                                  Village, TX 77304.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')

    Dated: October 27, 2008.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of 
Homeland Security, Federal Emergency Management Agency.
[FR Doc. E8-26305 Filed 11-4-08; 8:45 am]
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