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-7797]

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.

[[Page 46810]]

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:
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: Jefferson................ City of Birmingham June 20, 2008; June The Honorable Larry P. July 28, 2008.................. 010116 (08042759P). 27, 2008; The Langford, Mayor, City of Birmingham News. Birmingham, 710 North 20th Street, Birmingham, AL 35203. Colorado: Adams................... City of Thornton (08 June 5, 2008; June The Honorable Erik October 10, 2008............... 080007 080377P). 12, 2008; Hansen, Mayor, City of NorthglennThornton Thornton, 9500 Civic Sentinel. Center Drive, Thornton, CO 80229. Connecticut: Hartford............. City of Bristol (08 June 25, 2008; July The Honorable Arthur June 11, 2008.................. 090023 010505P). 2, 2008; The Ward, Mayor, City of Hartford Courant. Bristol, City Hall, 111 North Main Street, Bristol, CT 06010. Florida: Seminole................. City of Winter June 18, 2008; June The Honorable John F. October 23, 2008............... 120295 Springs (0804 25, 2008; Orlando Bush, Mayor, City of 4157P). Sentinel. Winter Springs, 21 Tarpon Circle, Winter Springs, FL 32708. Hawaii: Maui...................... Unincorporated areas February 21. 2008; The Honorable Charmaine February 12, 2008.............. 150003 of Maui County (07 February 28, 2008; Tavares, Mayor, Maui 091848P). Maui News. County, 200 South High Street, Wailuku, HI 96793. Idaho: Madison.................... Unincorporated areas July 3, 2008; July The Honorable Ralph June 16, 2008.................. 160217 of Madison County 10, 2008; Standard Robison, Chairman, (08100206P). Journal. Madison County, Board of Commissioners, P.O. Box 389, Rexburg, ID 83440. Illinois:

Lake.......................... Unincorporated areas June 5, 2008; June The Honorable Suzi October 10, 2008............... 170357 of Lake County (08 12, 2008; Lake Schmidt, Chair, Lake 051098P). County NewsSun. County Board, 18 North County Street, Room 1001, Waukegan, IL 60085.

Lake.......................... Village of Lake June 5, 2008; June The Honorable Kevin October 10, 2008............... 170372 Barrington (0805 12, 2008; Lake Richardson, President, 1098P). County NewsSun. Village of Lake Barrington, 23860 Old Barrington Road, Lake Barrington, IL 60010.

Lake.......................... Village of North June 5, 2008; June The Honorable Bruce J. October 10, 2008............... 170383 Barrington (0805 12, 2008; Lake Sauer, President, 1098P). County NewsSun. Village of North Barrington, 111 Old Barrington Road, North Barrington, IL 60010. Minnesota: Anoka.................. City of Blaine (0805 June 6, 2008; June The Honorable Thomas October 13, 2008............... 270007 1446P). 13, 2008; Blaine Ryan, Mayor, City of Spring Lake Park Blaine, 10801 Town Life. Square Drive Northeast, Blaine, MN 55449. Missouri:

St. Charles County............ Unincorporated areas June 25, 2008; July The Honorable Steve October 30, 2008............... 290315 of St. Charles 2, 2008; St. Ehlmann, County County (08070068P). Charles Journal. Executive, St. Charles County, St. Charles County Courthouse, 100 North Third Street, St. Charles, MO 63301.

St. Charles County............ City of St. Peters June 25, 2008; July The Honorable Len Pagano, October 30, 2008............... 290319 (08070068P). 2, 2008; St. Mayor, City of St. Charles Journal. Peters, One St. Peters Centre Boulevard, St. Peters, MO 63376. Montana: Flathead................. Unincorporated areas June 13, 2008; June The Honorable Gary D. June 2, 2008................... 300023 of Flathead County 20, 2008; Daily Hall, Chairman, Flathead (08080430P). Inter Lake. County, Board of Commissioners, 800 South Main Street, Kalispell, MT 59901. [[Page 46811]]
Nevada: Clark..................... Unincorporated areas July 8, 2008; July The Honorable Rory Reid, November 12, 2008.............. 320003 of Clark County (07 15, 2008; Las Vegas Chair, Clark County 091612P). ReviewJournal. Board of Commissioners, 500 South Grand Central Parkway, Las Vegas, NV 89106. Pennsylvania:

Lackawanna.................... City of Scranton (07 April 28, 2008; May The Honorable Christopher September 2, 2008.............. 420538 030177P). 5, 2008; The A. Doherty, Mayor, City Scranton Times of Scranton, 340 North Tribune. Washington Avenue, Scranton, PA 18503.

Lackawanna.................... Borough of Taylor (07 April 28, 2008; May The Honorable Richard September 2, 2008.............. 420539 030177P). 5, 2008; The Bowen, Mayor, Borough of Scranton Times Taylor, 122 Union Tribune. Street, Taylor, PA 18517. Tennessee:

Coffee........................ City of Tullahoma (07 May 14, 2008; May The Honorable Troy Bisby, September 18, 2008............. 470036 045627P). 21, 2008; The Mayor, City of Tullahoma News. Tullahoma, 201 West Grundy Street, Tullahoma, TN 37388.

Wilson........................ City of Lebanon (08 May 28, 2008; June The Honorable Robert May 16, 2008................... 270208 041439P). 4, 2008; The Wilson Dedman, Mayor, Wilson Post. County, 228 East Main Street, Room 104, Lebanon, TN 37087. Texas:

Bexar......................... City of San Antonio June 26, 2008; July The Honorable Phil October 31, 2008............... 480045 (07060823P). 3, 2008; San Hardberger, Mayor, City Antonio Express of San Antonio, P.O. Box News. 839966, San Antonio, TX 78283.

Collin........................ City of McKinney (07 June 26, 2008; July The Honorable Bill October 31, 2008............... 480135 061407P). 3, 2008; McKinney Whitfield, Mayor, City Courier Gazette. of McKinney, 222 North Tennessee Street, McKinney, TX 75069.

Ellis......................... City of Waxahachie May 28, 2008; June The Honorable Joe October 2, 2008................ 480211 (08060662P). 4, 2008; Waxahachie Jenkins, Mayor, City of Daily Light. Waxahachie, P.O. Box 757, Waxahachie, TX 75165. Harris....................... Unincorporated areas July 2, 2008; July The Honorable Ed Emmett, October 30, 2008............... 480287 of Harris County (07 9, 2008; Houston Harris County Judge, 062077P). Chronicle. 1001 Preston Street, Suite 911, Houston, TX 77002.

Tarrant....................... City of Fort Worth May 30, 2008; June The Honorable Michael J. September 29, 2008............. 480596 (07062613P). 6, 2008; Fort Worth Moncrief, Mayor, City of StarTelegram. Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102. Virginia: Independent City........ City of Winchester May 8, 2008; May 15, The Honorable Elizabeth September 12, 2008............. 510173 (08030801P). 2008; The Minor, Mayor, City of Winchester Star. Winchester, 231 East Piccadilly Street, Suite 310, Winchester, VA 22601. Wisconsin:

Dodge......................... Unincorporated areas June 19, 2008; June The Honorable Russell E. October 24, 2008............... 550094 of Dodge County (07 26, 2008; Watertown Kottke, Chairman, Dodge 054832P). Daily Times. County, Board of Supervisors, 127 East Oak Street, Beaver Dam, WI 53039.

Dodge......................... City of Watertown (07 June 19, 2008; June The Honorable Ron October 24, 2008............... 550107 054832P). 26, 2008; Watertown Krueger, Mayor, City of Daily Times. Watertown, P.O. Box 477, Watertown, WI 53094.

Ozaukee....................... Unincorporated areas June 5, 2008; June The Honorable Robert October 10, 2008............... 550310 of Ozaukee County 12, 2008; Ozaukee Brooks, Chairman, (08051362P). Press. Ozaukee County Board, P.O. Box 994, Port Washington, WI 53074 0994. (Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'')

Dated: July 25, 2008.
Edward L. Connor,
Deputy Assistant Administrator for Insurance, Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. E818530 Filed 81108; 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.