Federal Register, Volume 73 Issue 215 (Wednesday, November 5, 2008)

[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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