Federal Register: RULES [44 CFR Part 65]

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

CFR Citation: 44 CFR Part 65

Docket ID: [Docket No. FEMA-B-7789]

NOTICE: RULES

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: Changes in Flood Elevation Determinations,

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
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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 changed 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:
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:
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. Alabama: Madison.................. City of Huntsville May 9, 2008; May 16, The Honorable Loretta September 15, 2008............. 010153 (08041222P). 2008; Madison Spencer, Mayor, City of County Record. Huntsville, P.O. Box 308, Huntsville, AL 35804. California: Placer................ City of Lincoln (07 May 21, 2008; May The Honorable Primo September 25, 2008............. 060241 090934P). 28, 2008; Roseville Santini, Mayor, City of PressTribune. Lincoln, 640 Fifth Street, Lincoln, CA 95648. California: Placer................ Unincorporated areas May 21, 2008; May The Honorable Jim Holmes, September 25, 2008............. 060239 of Placer County (07 28, 2008; Roseville Chairman, Placer County, 090934P). PressTribune. Board of Supervisors, 175 Fulweiler Avenue, Auburn, CA 95603. California: Shasta................ Unincorporated areas May 21, 2008; May The Honorable Mark September 25, 2008............. 060358 of Shasta County (08 28, 2008; Valley Cibula, Supervisor, 090622P). Post. District Two, Shasta County, 1450 Court Street, Suite 308B, Redding, CA 96001. Florida: Polk..................... City of Winter Haven May 7, 2008; May 14, The Honorable Nathaniel September 11, 2008............. 120271 (07045629P). 2008; Polk County Birdsong, Mayor, City of Democrat. Winter Haven, P.O. Box 2277, Winter Haven, FL 33883. Indiana: Lake..................... Town of St. John (08 May 22, 2008; May The Honorable Michael S. May 16, 2008................... 180141 051094P). 29, 2008; Post Fryzel, Mayor, Town of Tribune. St. John, 10955 West 93rd Avenue, St. John, IN 46373. Kansas: Sedgwick.................. City of Goddard (08 May 29, 2008; June The Honorable Marcey May 21, 2008................... 200500 070155P). 6, 2008; Wichita Gregory, Mayor, City of Eagle. Goddard, P.O. Box 667, Goddard, KS 67052. Nevada: Clark..................... City of Henderson (08 May 22, 2008; May The Honorable James B. September 17, 2008............. 320005 090980X). 29, 2008; Las Vegas Gibson, Mayor, City of ReviewJournal. Henderson, 240 South Water Street, Henderson, NV 89015. Texas: Brazos..................... Unincorporated areas May 14, 2008; May The Honorable Amanda S. September 16, 2008............. 481195 of Brazos County (07 21, 2008; Bryan Matzke, Brazos County 062185P). College Station Judge, 300 East 26th Eagle. Street, Suite 211, Bryan, TX 77803. Texas: Brazos..................... City of Bryan (0706 May 14, 2008; May The Honorable D. Mark September 16, 2008............. 480082 2185P). 21, 2008; Bryan Conlee, Mayor, City of College Station Bryan, 300 South Texas Eagle. Avenue, Bryan, TX 77803. Texas: Gillespie.................. Unincorporated areas May 28, 2008; June The Honorable Mark October 3, 2008................ 480696 of Gillespie County 4, 2008; Stroeher, Gillespie (08060677P). Fredericksburg County Judge, 101 West StandardRadio Post. Main Street, Fredericksburg, TX 78624. Texas: Lubbock.................... City of Lubbock (08 May 23, 2008; May The Honorable David A. May 16, 2008................... 480452 060728P). 30, 2008; Lubbock Miller, Mayor, City of Avalanche Journal. Lubbock, P.O. Box 2000, Lubbock, TX 79457. Texas: Parker..................... Unincorporated areas May 7, 2008; May 14, The Honorable Mark Riley, April 29, 2008................. 480520 of Parker County (08 2008; Weatherford Parker County Judge, One 060872P). Democrat. Courthouse Square, Weatherford, TX 76086. Texas: Williamson................. City of Cedar Park May 29, 2008; June The Honorable Bob Lemon, May 16, 2008................... 481282 (08061336P). 5, 2008; Round Rock Mayor, City of Cedar Leader. Park, 600 North Bell Boulevard, Cedar Park, TX 78613. Wisconsin: Kenosha................ Village of Pleasant May 30, 2008; June The Honorable John May 16, 2008................... 550613 Prairie (0805 6, 2008; Kenosha Steinbrink, Village 2135P). News. President, Village of Pleasant Prairie, 8640 88th Avenue, Pleasant Prairie, WI 53158. [[Page 36805]]
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'')

Dated: June 20, 2008.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. E814709 Filed 62708; 8:45 am]
BILLING CODE 911012P

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) 6463151.