[Federal Register: September 30, 2008 (Volume 73, Number 190)] [Rules and Regulations] [Page 56737-56738] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr30se08-8] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 65 [Docket No. FEMA-B-1008] Changes in Flood Elevation Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Interim rule. ----------------------------------------------------------------------- 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 [[Page 56738]] 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: -------------------------------------------------------------------------------------------------------------------------------------------------------- Date and name of State and county Location and case newspaper where Chief executive officer Effective date of modification Community No. notice was published of community No. -------------------------------------------------------------------------------------------------------------------------------------------------------- California: San Diego............. Unincorporated areas August 18, 2008; The Honorable Greg Cox, December 23, 2008.............. 060284 of San Diego County August 25, 2008; Chairman, San Diego (08-09-0782P). San Diego Union- County Board of Tribune. Supervisors, 1600 Pacific Highway, Room 335, San Diego, CA 92101. Colorado: El Paso................. City of Colorado September 2, 2008; The Honorable Lionel August 15, 2008................ 080060 Springs (07-08- September 9, 2008; Rivera, Mayor, City of 0958P). The Gazette. Colorado Springs, P.O. Box 1575, Colorado Springs, CO 80901. Iowa: Dallas...................... City of Granger (08- August 21, 2008; The Honorable James July 31, 2008.................. 190104 07-0907P). August 28, 2008; Doyle, Mayor, City of Northeast Dallas Granger, 1906 Main Record. Street, Granger, IA 50109. Oklahoma: Tulsa................... City of Tulsa (08-06- July 31, 2008; The Honorable Kathryn L. July 17, 2008.................. 405381 1865P). August 7, 2008; Taylor, Mayor, City of Tulsa World. Tulsa, 200 Civic Center, Tulsa, OK 74103. Texas: Brazos........................ City of Bryan (08-06- August 7, 2008; The Honorable D. Mark July 25, 2008.................. 480082 0692P). August 14, 2008; Conlee, Mayor, City of Bryan College Bryan, 300 South Texas Station Eagle. Avenue, Bryan, TX 77803. Brazos........................ City of College July 31, 2008; The Honorable Ben White, December 5, 2008............... 480083 Station (08-06- August 7, 2008; Mayor, City of College 1882P). Bryan College Station, 1101 Texas Station Eagle. Avenue, College Station, TX 77840. Guadalupe..................... City of Cibolo (08-06- August 20, 2008; The Honorable Jennifer December 26, 2008.............. 480267 0784P). August 27, 2008; Hartman, Mayor, City of Seguin Gazette- Cibolo, P.O. Box 826, Enterprise. Cibolo, TX 78108-0826. Palo Pinto and Parker......... City of Mineral Wells September 2, 2008; The Honorable Clarence January 7, 2009................ 480517 (08-06-2504P). September 9, 2008; Holliman, Mayor, City of Mineral Wells Index. Mineral Wells, 115 Southwest First Street, Mineral Wells, TX 76067. Virginia: Roanoke................. Unincorporated areas August 15, 2008; The Honorable Richard December 22, 2008.............. 510190 of Roanoke County August 22, 2008; Flora, Chairman, Roanoke (08-03-0782P). The Roanoke Times. County Board of Supervisors, P.O. Box 29800, Roanoke, VA 24018. -------------------------------------------------------------------------------------------------------------------------------------------------------- (Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'') Dated: September 19, 2008. Michael K. Buckley, Acting Assistant Administrator, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E8-22951 Filed 9-29-08; 8:45 am] BILLING CODE 9110-12-P
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