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-7793]

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 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:
[[Page 42266]]
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: Tuscaloosa............... City of Tuscaloosa June 11, 2008; June The Honorable Walter October 16, 2008............... 010203 (08041080P). 18, 2008; The Maddox, Mayor, City of Northport Gazette. Tuscaloosa, P.O. Box 2089, Tuscaloosa, AL 35403. Arizona: Pima..................... City of Tucson (0809 June 6, 2008; June The Honorable Bob Walkup, May 23, 2008................... 040076 0001P). 13, 2008; The Daily Mayor, City of Tucson, Territorial. P.O. Box 27210, Tucson, AZ 85726. Colorado:

Routt......................... Unincorporated areas June 8, 2008; June The Honorable Nancy May 30, 2008................... 080156 of Routt County (08 15, 2008; Steamboat Stahoviak, Chairperson, 080085P). Pilot. Routt County, Board of County Commissioners, P.O. Box 3598, Steamboat Springs, CO 80477.

Routt......................... City of Steamboat June 8, 2008; June The Honorable Paul May 30, 2008................... 080159 Springs (0808 15, 2008; Steamboat Antonucci, City Council 0085P). Pilot. President, City of Steamboat Springs, P.O. Box 775088, Steamboat Springs, CO 80477. Florida: Orange................... Unincorporated areas June 5, 2008; June The Honorable Richard T. October 10, 2008............... 120179 of Orange County (05 12, 2008; Orlando Crotty, Mayor, Orange 041535P). Weekly. County, 201 South Rosalind Avenue, Fifth Floor, Orlando, FL 32801. Illinois:

McHenry....................... Unincorporated areas June 12, 2008; June The Honorable Kenneth D. October 17, 2008............... 170732 of McHenry County 19, 2008; Northwest Koehler, Chairman, (08051169P). Herald. McHenry County Board, McHenry County Government Center, 2200 North Seminary Avenue, Woodstock, IL 60098.

McHenry....................... City of Woodstock (08 June 12, 2008; June The Honorable Brian October 17, 2008............... 170488 051169P). 19, 2008; Northwest Sager, Mayor, City of Herald. Woodstock, 121 West Calhoun Street, Woodstock, IL 60098.

Will County................... Village of Frankfort June 12, 2008; June The Honorable Jim July 17, 2008.................. 170701 (07055331P). 19, 2008; Daily Holland, Mayor, Village Southtown. of Frankfort, 432 West Nebraska Street, Frankfort, IL 60423.

Will County................... Unincorporated areas June 18, 2008; June The Honorable Lawrence M. October 23, 2008............... 170695 of Will County (08 25, 2008; Herald Walsh, Will County 051175P). News. Executive, 302 North Chicago Street, Joliet, IL 60432. Indiana: Allen.................... City of Fort Wayne June 13, 2008; June The Honorable Tom Henry, June 3, 2008................... 180003 (08051821P). 20, 2008; The Mayor, City of Fort Journal Gazette. Wayne, One Main Street, Fort Wayne, IN 46802. Minnesota: St. Louis City of Duluth (0705 June 12, 2008; June The Honorable Don Ness, October 17, 2008............... 270421 3554P). 19, 2008; Duluth Mayor, City of Duluth, News Tribune. 411 West First Street, Duluth, MN 55802. North Carolina: Onslow............ City of Jacksonville June 13, 2008; June The Honorable Sammy June 6, 2008................... 370178 (08040469P). 20, 2008; The Daily Phillips, Mayor, City of News. Jacksonville, P.O. Box 128, Jacksonville, NC 28541. Pennsylvania...................... Township of West June 12, 2008; June The Honorable Larry October 17, 2008............... 421600 Hanover (0803 19, 2008; The Hartman, Chair, Board of 0651P). Patriot News. Supervisors, West Hanover Township, 7171 Allentown Boulevard, Harrisburg, PA 17112. (Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'')

Dated: July 8, 2008.
Michael K. Buckley,
Deputy Assistant Administrator for Mitigation, Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. E816550 Filed 71808; 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.