73 FR 47 pgs. 12640-12644 - Changes in Flood Elevation Determinations

Type: RULEVolume: 73Number: 47Pages: 12640 - 12644
Docket number: [Docket No. FEMA-B-7766]
FR document: [FR Doc. E8-4621 Filed 3-7-08; 8:45 am]
Agency: Homeland Security Department
Sub Agency: Federal Emergency Management Agency
Official PDF Version:  PDF Version

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket No. FEMA-B-7766]

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, (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.

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: Talladega Unincorporated areas of Talladega County, (07-04-6542P) December 14, 2007; December 21, 2007; The Daily Home The Honorable James G. Hilber, Administrator, Talladega County, P.O. Box 6170, Talladega, AL 35161 March 21, 2008 010297
Arizona:
Maricopa Town of Buckeye, (07-09-1734P) December 7, 2007; December 14, 2007; West Valley View The Honorable Bobby Bryant, Mayor, Town of Buckeye, 100 North Apache Road, Suite A, Buckeye, AZ 85326 December 19, 2007 040039
Yavapai 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
California:
Santa Barbara Unincorporated areas of Santa Barbara County, (06-09-BF87P) December 20, 2007; December 27, 2007; Santa Barbara News-Press The Honorable Brooks Firestone, Chair, Santa Barbara County Board of Supervisors, 105 East Anapamu Street, Santa Barbara, CA 93101 December 6, 2007 060331
Riverside City of Corona, (07-09-1194P) November 1, 2007; November 8, 2007; The Press-Enterprise The Honorable Eugene Montanez, Mayor, City of Corona, 400 South Vincentia Avenue, Corona, CA 92882 February 7, 2008 060250
Colorado:
El Paso Unincorporated areas of El Paso County, (07-08-0324P) December 5, 2007; December 12, 2007; El Paso County Advertiser and News The Honorable Dennis Hisey, Chairman, El Paso County Board of Commissioners, 27 East Vermijo Avenue, Colorado Springs, CO 80903-2208 March 12, 2008 080059
El Paso Unincorporated areas of El Paso County, (07-08-0475P) December 12, 2007; December 19, 2007; El Paso County Advertiser and News The Honorable Dennis Hisey, Chairman, El Paso County Board of Commissioners, 27 East Vermijo Avenue, Colorado Springs, CO 80903 November 30, 2007 080059
Jefferson City of Arvada, (07-08-0940P) December 13, 2007; December 20, 2007; The Golden Transcript The Honorable Ken Fellman, Mayor, City of Arvada, 8101 Ralston Road, Arvada, CO 80002 March 20, 2008 085072
Mesa City of Grand Junction, (07-08-0859P) December 6, 2007; December 13, 2007; The Daily Sentinel Mr. Jim Doody, Mayor, City of Grand Junction, 250 North Fifth Street, Grand Junction, CO 81501 March 13, 2008 080117
Mesa Unincorporated areas of Mesa County, (07-08-0859P) December 6, 2007; December 13, 2007; The Daily Sentinel The Honorable Craig J. Meis, Chairman, Mesa County Board of Commissioners, P.O. Box 20000, Grand Junction, CO 81502-5010 March 13, 2008 080115
Florida:
Manatee Unincorporated areas of Manatee County, (07-04-4406P) December 6, 2007; December 13, 2007; The Bradenton Herald The Honorable Amy E. Stein, Chairman, Manatee County Board of Commissioners, P.O. Box 1000, Bradenton, FL 34206-1000 March 13, 2008 120153
Polk City of Winter Haven, (07-04-5471P) December 6, 2007; December 13, 2007; News Chief The Honorable Nathaniel Birdsong, Mayor, City of Winter Haven, P.O. Box 2277, Winter Haven, FL 33883 March 13, 2008 120271
Polk Unincorporated areas of Polk County, (07-04-5883P) December 12, 2007; December 19, 2007; The Polk County Democrat Mr. Bob English, Chairman, Polk County Board of Commissioners, P.O. Box 9005, Drawer BC01, Bartow, FL 33831 March 19, 2008 120261
Georgia: Columbia Unincorporated areas of Columbia County, (07-04-4973P) December 12, 2007; December 19, 2007; Columbia County News-Times The Honorable Ron C. Cross, Chairman, Columbia County Board of Commissioners, P.O. Box 498, Evans, GA 30809 March 19, 2008 130059
Illinois:
Cook City of Hickory Hills, (07-05-6033P) December 13, 2007; December 20, 2007; The Reporter The Honorable Michael Howley, Mayor, City of Hickory Hills, 8652 West 95th Street, Hickory Hills, IL 60457 November 30, 2007 170103
DuPage 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
Kansas:
Marshall City of Marysville, (07-07-0767P) December 6, 2007; December 13, 2007; The Marysville Advocate The Honorable Bernie Krug, Mayor, City of Marysville, 209 North Eighth Street, Marysville, KS 66508 March 13, 2008 200212
Marshall Unincorporated areas of Marshall County, (07-07-0767P) December 6, 2007; December 13, 2007; The Marysville Advocate The Honorable Michael J. Keating, Head Commissioner, Marshall County, 1201 Broadway, Marysville, KS 66508 March 13, 2008 200210
Kentucky: Jefferson Metropolitan Government of Louisville-Jefferson County, (07-04-4634P) December 13, 2007; December 20, 2007; The Courier Journal The Honorable Jerry E. Abramson, Mayor, Metropolitan Government of Louisville-Jefferson County, 527 West Jefferson Street, Louisville, KY 40202 March 20, 2008 210120
Maryland:
Frederick Town of Emmitsburg, (07-03-0468P) December 13, 2007; December 20, 2007; The Frederick News-Post The Honorable James E. Hoover, Mayor, Town of Emmitsburg, 300A-1 South Seton Avenue, Emmitsburg, MD 21727 December 31, 2007 240029
Frederick Unincorporated areas of Frederick County, (07-03-0468P) December 13, 2007; December 20, 2007; The Frederick News-Post Ms. Jan Gardner, President, Board of Commissioners, Frederick County, 12 East Church Street, Frederick, MD 21701 December 31, 2007 240027
Missouri: St. Charles Unincorporated areas of St. Charles County, (07-07-1738P) December 12, 2007; December 19, 2007; St. Charles Journal The Honorable Steve Ehlmann, County Executive, St. Charles County, 201 North Second Street, St. Charles, MO 63301 December 21, 2007 290315
New Jersey: Monmouth Township of Neptune, (07-02-0634P) December 13, 2007; December 20, 2007; Asbury Park Press The Honorable James Manning, Jr., Mayor, Township of Neptune, P.O. Box 1125, Neptune, NJ 07754 November 28, 2007 340317
North Carolina: Mecklenburg Unincorporated areas of Mecklenburg County, (07-04-6546P) January 14, 2008; January 21, 2008; The Charlotte Observer Mr. Harry Jones, Sr., Mecklenburg County Manager, 600 East Fourth Street, Charlotte, NC 28202 April 20, 2008 370158
Ohio:
Greene City of Xenia, (07-05-5432P) November 3, 2007; November 10, 2007; Xenia Daily Gazette The Honorable Phyllis Pennewitt, Mayor, City of Xenia, 101 North Detroit Street, Xenia, OH 45385 February 11, 2008 390197
Greene Unincorporated areas of Greene County, (07-05-5432P) November 3, 2007; November 10, 2007; Xenia Daily Gazette The Honorable Ralph Harper, President, Greene County Board of Commissioners, 35 Greene Street, Xenia, OH 45385 February 11, 2008 390193
Oregon: Clackamas 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:
Greenville Unincorporated areas of Greenville County, (07-04-4899P) December 13, 2007; December 20, 2007; The Greenville News The Honorable Butch Kirven, Chairman, Greenville County Council, 213 League Road, Simpsonville, SC 29681 March 20, 2008 450089
Greenville Unincorporated areas of Greenville County, (07-04-5198P) December 13, 2007; December 20, 2007; The Greenville News Mr. Joseph Kernell, County Administrator, Greenville County, 301 University Ridge, Suite 2400, Greenville, SC 29601 March 20, 2008 450089
Greenville Unincorporated areas of Greenville County, (07-04-5413P) December 13, 2007; December 20, 2007; The Greenville News The Honorable Butch Kirven, Chairman, Greenville County Council, 213 League Road, Simpsonville, SC 29681 March 20, 2008 450089
South Dakota: Pennington City of Hill City, (07-08-0906P) December 12, 2007; December 19, 2007; Hill City Prevailer-News The Honorable Don Voorhees, Mayor, City of Hill City, City Hall, 324 Main Street, Hill City, SD 57745 November 30, 2007 460116
Texas:
Collin 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
Collin City of McKinney, (08-06-0334P) December 6, 2007; December 13, 2007; McKinney Courier-Gazette The Honorable Bill Whitfield, Mayor, City of McKinney, 222 North Tennessee Street, McKinney, TX 75069 November 21, 2007 480135
Collin and Dallas City of Sachse, (07-06-2553P) December 14, 2007; December 21, 2007; The Rowlett Lakeshore Times The Honorable Mike Felix, Mayor, City of Sachse, 5109 Peachtree Lane, Sachse, TX 75048 March 21, 2008 480186
Dallas Town of Highland Park, (07-06-1969P) December 13, 2007; December 20, 2007; The Park Cities News The Honorable William D. White, Jr., Mayor, Town of Highland Park, 4700 Drexel Drive, Highland Park, TX 75205 March 20, 2008 480178
El Paso City of El Paso, (07-06-2364P) December 13, 2007; December 20, 2007; El Paso Times The Honorable John Cook, Mayor, City of El Paso, Two Civic Center Plaza, Tenth Floor, El Paso, TX 79901 November 30, 2007 480214
Johnson City of Burleson, (07-06-2685P) December 12, 2007; December 19, 2007; Burleson Star The Honorable Kenneth Shetter, Mayor, City of Burleson, 141 West Renfro Street, Burleson, TX 76028 March 19, 2008 485459
Randall City of Canyon, (07-06-1472P) December 16, 2007; December 23, 2007; The Canyon News The Honorable Quinn Alexander, Mayor, City of Canyon, 301 16th Street, Canyon, TX 79015 March 24, 2008 480533
Randall Unincorporated areas of Randall County, (07-06-1472P) December 16, 2007; December 23, 2007; The Canyon News The Honorable Ernie Houdashell, Randall County Judge, 400 16th Street, Canyon, TX 79015 March 24, 2008 480532
Tarrant City of Grapevine, (07-06-1696P) December 6, 2007; December 13, 2007; Northeast Tarrant Star-Telegram The Honorable William D. Tate, Mayor, City of Grapevine, P.O. Box 95104, Grapevine, TX 76099 November 21, 2007 480598
Tarrant City of North Richland Hills, (07-06-2421P) December 13, 2007; December 20, 2007; Fort Worth Star-Telegram The Honorable T. Oscar Trevino, Jr., P.E., Mayor, City of North Richland Hills, 7301 Northeast Loop 820, North Richland Hills, TX 76180 March 20, 2008 480607
Travis City of Lakeway, (07-06-1024P) December 6, 2007; December 13, 2007; Austin American-Statesman The Honorable Steve Swan, Mayor, City of Lakeway, 1102 Lohman's Crossing, Lakeway, TX 78734 December 20, 2007 481303
Virginia:
Fauquier Unincorporated areas of Fauquier County, (07-03-1209P) December 5, 2007; December 12, 2007; Fauquier Times Democrat The Honorable Harry Atherton, Chairman, Fauquier County Board of Supervisors, 10 Hotel Street, Suite 208, Warrenton, VA 20186 March 12, 2008 510055
Fauquier Unincorporated areas of Fauquier County, (07-03-1250P) October 31, 2007; November 7, 2007; Fauquier Times Democrat The Honorable Harry Atherton, Chairman, Fauquier County Board of Supervisors, 10 Hotel Street, Suite 208, Warrenton, VA 20186 February 7, 2008 510055
West Virginia: Jefferson Unincorporated areas of Jefferson County, 07-03-0824P) December 13, 2007; December 20, 2007; The Journal The Honorable Frances Morgan, President, Jefferson County Board of Commissioners, P.O. Box 250, Charles Town, WV 25414 March 20, 2008 540065

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

Dated: February 26, 2008.

David I. Maurstad,

Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency.

[FR Doc. E8-4621 Filed 3-7-08; 8:45 am]

BILLING CODE 9110-12-P