[Federal Register: November 5, 2008 (Volume 73, Number 215)] [Rules and Regulations] [Page 65777-65778] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr05no08-9] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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: -------------------------------------------------------------------------------------------------------------------------------------------------------- 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. -------------------------------------------------------------------------------------------------------------------------------------------------------- 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. -------------------------------------------------------------------------------------------------------------------------------------------------------- (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] BILLING CODE 9110-12-P