FR Doc E8-22951

[Federal Register: September 30, 2008 (Volume 73, Number 190)]
[Rules and Regulations]
[Page 56737-56738]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30se08-8]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket No. FEMA-B-1008]

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

[[Page 56738]]

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 newspaper where Chief executive officer Effective date of modification Community
No. notice was published of community No.
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California: San Diego............. Unincorporated areas August 18, 2008; The Honorable Greg Cox, December 23, 2008.............. 060284
of San Diego County August 25, 2008; Chairman, San Diego
(08-09-0782P). San Diego Union- County Board of
Tribune. Supervisors, 1600
Pacific Highway, Room
335, San Diego, CA 92101.
Colorado: El Paso................. City of Colorado September 2, 2008; The Honorable Lionel August 15, 2008................ 080060
Springs (07-08- September 9, 2008; Rivera, Mayor, City of
0958P). The Gazette. Colorado Springs, P.O.
Box 1575, Colorado
Springs, CO 80901.
Iowa: Dallas...................... City of Granger (08- August 21, 2008; The Honorable James July 31, 2008.................. 190104
07-0907P). August 28, 2008; Doyle, Mayor, City of
Northeast Dallas Granger, 1906 Main
Record. Street, Granger, IA
50109.
Oklahoma: Tulsa................... City of Tulsa (08-06- July 31, 2008; The Honorable Kathryn L. July 17, 2008.................. 405381
1865P). August 7, 2008; Taylor, Mayor, City of
Tulsa World. Tulsa, 200 Civic Center,
Tulsa, OK 74103.
Texas:
Brazos........................ City of Bryan (08-06- August 7, 2008; The Honorable D. Mark July 25, 2008.................. 480082
0692P). August 14, 2008; Conlee, Mayor, City of
Bryan College Bryan, 300 South Texas
Station Eagle. Avenue, Bryan, TX 77803.
Brazos........................ City of College July 31, 2008; The Honorable Ben White, December 5, 2008............... 480083
Station (08-06- August 7, 2008; Mayor, City of College
1882P). Bryan College Station, 1101 Texas
Station Eagle. Avenue, College Station,
TX 77840.
Guadalupe..................... City of Cibolo (08-06- August 20, 2008; The Honorable Jennifer December 26, 2008.............. 480267
0784P). August 27, 2008; Hartman, Mayor, City of
Seguin Gazette- Cibolo, P.O. Box 826,
Enterprise. Cibolo, TX 78108-0826.
Palo Pinto and Parker......... City of Mineral Wells September 2, 2008; The Honorable Clarence January 7, 2009................ 480517
(08-06-2504P). September 9, 2008; Holliman, Mayor, City of
Mineral Wells Index. Mineral Wells, 115
Southwest First Street,
Mineral Wells, TX 76067.
Virginia: Roanoke................. Unincorporated areas August 15, 2008; The Honorable Richard December 22, 2008.............. 510190
of Roanoke County August 22, 2008; Flora, Chairman, Roanoke
(08-03-0782P). The Roanoke Times. County Board of
Supervisors, P.O. Box
29800, Roanoke, VA 24018.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Dated: September 19, 2008.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of
Homeland Security, Federal Emergency Management Agency.
[FR Doc. E8-22951 Filed 9-29-08; 8:45 am]

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