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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

CFR Citation: 44 CFR Part 65

Docket ID: [Docket No. FEMA-B-7730 and B-7729]

NOTICE: RULES

ACTION: Flood elevation determinations:

DOCUMENT ACTION: Interim rule.

SUBJECT CATEGORY: Changes in Flood Elevation Determinations

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 90day period.

DOCUMENT SUMMARY: This interim rule lists communities where modification of the Base (1% annualchance) 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.

SUMMARY: Various States,

SUPPLEMENTAL 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.
Accordingly, 44 CFR part 65 is amended to read as follows:
[[Page 46397]]
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.
Sec. 65.4 [Amended]
2. The tables published under the authority of Sec. 65.4 are amended as follows:
California: Ventura............... City of Simi Valley, March 22, 2007; The Honorable Paul June 28, 2007.................. 060421 (0609B562P). 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 (07050437P). 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 (07050437P). 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 050219P). The Dodgeville County Board, 222 North Chronicle. Iowa Street, Dodgeville, WI 53533. (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. E716286 Filed 81707; 8:45 am]
BILLING CODE 911012P

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.