[Federal Register: August 20, 2007 (Volume 72, Number 160)]
[Rules and Regulations]
[Page 46396-46397]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20au07-8]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 65
[Docket No. FEMA-B-7730 and B-7729]
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 Section, 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.
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Accordingly, 44 CFR part 65 is amended to read as follows:
[[Page 46397]]
PART 65--[AMENDED]
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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]
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2. The tables published under the authority of Sec. 65.4 are amended
as follows:
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California: Ventura............... City of Simi Valley, March 22, 2007; The Honorable Paul June 28, 2007.................. 060421
(06-09-B562P). March 29, 2007; Miller, Mayor, City of
Ventura County Star. Simi Valley, 2929 Tapo
Canyon Road, Simi
Valley, CA 93063.
Ohio:
Hamilton...................... Village of Fairfax, February 7, 2007; The Honorable Theodore February 22, 2007.............. 390215
(07-05-0437P). February 14, 2007; Shannon, Mayor, Village
The Community Press. of Fairfax, 5903
Hawthorne Avenue,
Fairfax, OH 45227.
Hamilton...................... City of Cincinnati, February 7, 2007; The Honorable Mark February 22, 2007.............. 390210
(07-05-0437P). February 14, 2007; Mallory, Mayor, City of
The Community Press. Cincinnati, 801 Plum
Street, Room 150,
Cincinnati, OH 45202.
Wisconsin: Iowa................... Unincorporated areas January 18, 2007; The Honorable Mark December 20, 2006.............. 550522
of Iowa County, (07- January 25, 2007; Masters, Chairman, Iowa
05-0219P). The Dodgeville County Board, 222 North
Chronicle. Iowa Street, Dodgeville,
WI 53533.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')
Dated: August 9, 2007.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance
Program, Department of Homeland Security, Federal Emergency Management
Agency.
[FR Doc. E7-16286 Filed 8-17-07; 8:45 am]
BILLING CODE 9110-12-P