Changes in Flood Elevation Determinations, 12640-12644 [E8-4621]
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Federal Register / Vol. 73, No. 47 / Monday, March 10, 2008 / Rules and Regulations
However, we thank the commenter for
his interest.
ebenthall on PRODPC61 with RULES
III. EPA Action
No comments were submitted that
change our assessment that the
submitted rules comply with the
relevant CAA requirements. Therefore,
as authorized in section 110(k)(3) of the
Act, EPA is fully approving these rules
into the California SIP.
IV. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget. For
this reason, this action is also not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action merely approves
state law as meeting Federal
requirements and imposes no additional
requirements beyond those imposed by
state law. Accordingly, the
Administrator certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this
rule approves pre-existing requirements
under state law and does not impose
any additional enforceable duty beyond
that required by state law, it does not
contain any unfunded mandate or
significantly or uniquely affect small
governments, as described in the
Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4).
This rule also does not have tribal
implications because it will not have a
substantial direct effect on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000).
This action also does not have
Federalism implications because it does
not have substantial direct effects on the
States, on the relationship between the
national government and the States, or
on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
approves a state rule implementing a
Federal standard, and does not alter the
relationship or the distribution of power
and responsibilities established in the
Clean Air Act. This rule also is not
subject to Executive Order 13045
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‘‘Protection of Children from
Environmental Health Risks and Safety
Risks’’ (62 FR 19885, April 23, 1997),
because it approves a state rule
implementing a Federal standard.
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. In this context, in the
absence of a prior existing requirement
for the State to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission;
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the Clean Air Act. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This rule does
not impose an information collection
burden under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by May 9, 2008.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
PO 00000
Frm 00014
Fmt 4700
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Particulate matter, Reporting and
recordkeeping requirements.
Dated: January 17, 2008.
Jane Diamond,
Acting Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
I
PART 52 [AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.220 is amended by
adding paragraphs (c)(342)(i)(C)(4) and
(c)(348) to read as follows:
I
§ 52.220
Identification of plan.
*
*
*
*
*
(c) * * *
(342) * * *
(i) * * *
(C) * * *
(4) Rule 403, adopted on May 7, 1976
and amended on June 3, 2005.
*
*
*
*
*
(348) New and amended rules for the
following APCDs were submitted on
December 29, 2006 by the Governor’s
designee.
(i) Incorporation by reference.
(A) San Joaquin Valley Air Pollution
Control District.
(1) Rule 4354, adopted on August 17,
2006.
(B) South Coast Air Quality
Management District.
(1) Rule 1156, adopted on November
4, 2005.
*
*
*
*
*
[FR Doc. E8–4147 Filed 3–7–08; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 65
[Docket No. FEMA–B–7766]
Changes in Flood Elevation
Determinations
Federal Emergency
Management Agency, DHS.
ACTION: Interim rule.
AGENCY:
SUMMARY: This interim rule lists
communities where modification of the
Base (1% annual-chance) Flood
Elevations (BFEs) is appropriate because
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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
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:
I
PART 65—[AMENDED]
1. The authority citation for part 65
continues to read as follows:
I
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.
§ 65.4
[Amended]
2. The tables published under the
authority of § 65.4 are amended as
follows:
I
State and county
Location and case
No.
Date and name of newspaper
where notice was published
Chief executive officer of community
Effective date of
modification
Alabama: Talladega
Unincorporated
areas of
Talladega County,
(07–04–6542P).
December 14, 2007; December 21, 2007; The Daily
Home.
The Honorable James G. Hilber, Administrator, Talladega County, P.O. Box
6170, Talladega, AL 35161.
March 21, 2008 ..............
010297
Town of Buckeye,
(07–09–1734P).
December 7, 2007; December
14, 2007; West Valley View.
December 19, 2007 ........
040039
Unincorporated
areas of Yavapai
County, (07–09–
1369P).
December 13, 2007; December 20, 2007; Prescott Daily
Courier.
The Honorable Bobby Bryant, Mayor,
Town of Buckeye, 100 North Apache
Road, Suite A, Buckeye, AZ 85326.
The Honorable Chip Davis, Chairman,
Yavapai County Board of Supervisors,
1015 Fair Street, Prescott, AZ 86305.
March 20, 2008 ..............
040093
Unincorporated
areas of Santa
Barbara County,
(06–09–BF87P).
City of Corona, (07–
09–1194P).
December 20, 2007; December 27, 2007; Santa Barbara News-Press.
The Honorable Brooks Firestone, Chair,
Santa Barbara County Board of Supervisors, 105 East Anapamu Street,
Santa Barbara, CA 93101.
The Honorable Eugene Montanez,
Mayor, City of Corona, 400 South
Vincentia Avenue, Corona, CA 92882.
December 6, 2007 ..........
060331
February 7, 2008 ............
060250
Unincorporated
areas of El Paso
County, (07–08–
0324P).
Unincorporated
areas of El Paso
County, (07–08–
0475P).
December 5, 2007; December
12, 2007; El Paso County
Advertiser and News.
March 12, 2008 ..............
080059
November 30, 2007 ........
080059
Arizona:
Maricopa ...........
Yavapai .............
California:
Santa Barbara ...
Riverside ...........
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Colorado:
El Paso .............
El Paso .............
VerDate Aug<31>2005
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November 1, 2007; November
8, 2007; The Press-Enterprise.
December 12, 2007; December 19, 2007; El Paso
County Advertiser and
News.
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The Honorable Dennis Hisey, Chairman,
El Paso County Board of Commissioners, 27 East Vermijo Avenue, Colorado Springs, CO 80903–2208.
The Honorable Dennis Hisey, Chairman,
El Paso County Board of Commissioners, 27 East Vermijo Avenue, Colorado Springs, CO 80903.
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State and county
Location and case
No.
Jefferson ...........
City of Arvada, (07–
08–0940P).
Mesa .................
City of Grand Junction, (07–08–
0859P).
Unincorporated
areas of Mesa
County, (07–08–
0859P).
Mesa .................
Florida:
Manatee ............
Polk ...................
Polk ...................
Georgia: Columbia ...
Illinois:
Cook ..................
DuPage .............
Kansas:
Marshall ............
Marshall ............
Kentucky: Jefferson
Maryland:
Frederick ...........
Frederick ...........
Missouri: St. Charles
New Jersey: Monmouth.
North Carolina:
Mecklenburg.
Ohio:
Greene ..............
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Greene ..............
Oregon: Clackamas
Date and name of newspaper
where notice was published
Chief executive officer of community
December 13, 2007; DecemThe Honorable Ken Fellman, Mayor,
ber 20, 2007; The Golden
City of Arvada, 8101 Ralston Road,
Arvada, CO 80002.
Transcript.
December 6, 2007; December Mr. Jim Doody, Mayor, City of Grand
13, 2007; The Daily Sentinel.
Junction, 250 North Fifth Street,
Grand Junction, CO 81501.
December 6, 2007; December The Honorable Craig J. Meis, Chairman,
13, 2007; The Daily Sentinel.
Mesa County Board of Commissioners, P.O. Box 20000, Grand Junction, CO 81502–5010.
Effective date of
modification
March 20, 2008 ..............
085072
March 13, 2008 ..............
080117
March 13, 2008 ..............
080115
March 13, 2008 ..............
120153
March 13, 2008 ..............
120271
March 19, 2008 ..............
120261
March 19, 2008 ..............
130059
The Honorable Michael Howley, Mayor,
City of Hickory Hills, 8652 West 95th
Street, Hickory Hills, IL 60457.
The Honorable Robert J. Schillerstorm,
Chairman, DuPage County Board, 505
North County Farm Road, Wheaton,
IL 60187.
November 30, 2007 ........
170103
March 20, 2008 ..............
170197
Unincorporated
areas of Manatee
County, (07–04–
4406P).
City of Winter
Haven, (07–04–
5471P).
Unincorporated
areas of Polk
County, (07–04–
5883P).
Unincorporated
areas of Columbia County, (07–
04–4973P).
December 6, 2007; December
13, 2007; The Bradenton
Herald.
City of Hickory Hills,
(07–05–6033P).
December 13, 2007; December 20, 2007; The Reporter.
Unincorporated
areas of DuPage
County, (07–05–
2642P).
December 13, 2007; December 20, 2007; Daily Herald.
City of Marysville,
(07–07–0767P).
December 6, 2007; December
13, 2007; The Marysville
Advocate.
December 6, 2007; December
13, 2007; The Marysville
Advocate.
The Honorable Bernie Krug, Mayor, City
of Marysville, 209 North Eighth Street,
Marysville, KS 66508.
The Honorable Michael J. Keating, Head
Commissioner, Marshall County, 1201
Broadway, Marysville, KS 66508.
March 13, 2008 ..............
200212
March 13, 2008 ..............
200210
December 13, 2007; December 20, 2007; The Courier
Journal.
The Honorable Jerry E. Abramson,
Mayor, Metropolitan Government of
Louisville-Jefferson County, 527 West
Jefferson Street, Louisville, KY 40202.
March 20, 2008 ..............
210120
Town of Emmitsburg, (07–03–
0468P).
December 13, 2007; December 20, 2007; The Frederick
News-Post.
December 31, 2007 ........
240029
Unincorporated
areas of Frederick
County, (07–03–
0468P).
Unincorporated
areas of St.
Charles County,
(07–07–1738P).
Township of Neptune, (07–02–
0634P).
Unincorporated
areas of Mecklenburg County, (07–
04–6546P).
December 13, 2007; December 20, 2007; The Frederick
News-Post.
The Honorable James E. Hoover,
Mayor, Town of Emmitsburg, 300A–1
South Seton Avenue, Emmitsburg,
MD 21727.
Ms. Jan Gardner, President, Board of
Commissioners, Frederick County, 12
East Church Street, Frederick, MD
21701.
The Honorable Steve Ehlmann, County
Executive, St. Charles County, 201
North Second Street, St. Charles, MO
63301.
The Honorable James Manning, Jr.,
Mayor, Township of Neptune, P.O.
Box 1125, Neptune, NJ 07754.
Mr. Harry Jones, Sr., Mecklenburg
County Manager, 600 East Fourth
Street, Charlotte, NC 28202.
December 31, 2007 ........
240027
December 21, 2007 ........
290315
November 28, 2007 ........
340317
April 20, 2008 .................
370158
February 11, 2008 ..........
390197
February 11, 2008 ..........
390193
December 31, 2007 ........
410025
Unincorporated
areas of Marshall
County, (07–07–
0767P).
Metropolitan Government of Louisville-Jefferson
County, (07–04–
4634P).
City of Xenia, (07–
05–5432P).
Unincorporated
areas of Greene
County, (07–05–
5432P).
City of Wilsonville,
(07–10–0469P).
December 6, 2007; December
13, 2007; News Chief.
December 12, 2007; December 19, 2007; The Polk
County Democrat.
December 12, 2007; December 19, 2007; Columbia
County News-Times.
December 12, 2007; December 19, 2007; St. Charles
Journal.
December 13, 2007; December 20, 2007; Asbury Park
Press.
January 14, 2008; January 21,
2008; The Charlotte Observer.
November 3, 2007; November
10, 2007; Xenia Daily Gazette.
November 3, 2007; November
10, 2007; Xenia Daily Gazette.
December 12, 2007; December 19, 2007; Wilsonville
Spokesman.
The Honorable Amy E. Stein, Chairman,
Manatee County Board of Commissioners, P.O. Box 1000, Bradenton,
FL 34206–1000.
The Honorable Nathaniel Birdsong,
Mayor, City of Winter Haven, P.O.
Box 2277, Winter Haven, FL 33883.
Mr. Bob English, Chairman, Polk County
Board of Commissioners, P.O. Box
9005, Drawer BC01, Bartow, FL
33831.
The Honorable Ron C. Cross, Chairman,
Columbia County Board of Commissioners, P.O. Box 498, Evans, GA
30809.
The Honorable Phyllis Pennewitt, Mayor,
City of Xenia, 101 North Detroit
Street, Xenia, OH 45385.
The Honorable Ralph Harper, President,
Greene County Board of Commissioners, 35 Greene Street, Xenia, OH
45385.
The Honorable Charlotte Lehan, Mayor,
City of Wilsonville, 29786 Southwest
Lehan Court, Wilsonville, OR 97070.
South Carolina:
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State and county
Greenville ..........
Greenville ..........
Greenville ..........
South Dakota: Pennington.
Texas:
Collin .................
Location and case
No.
Date and name of newspaper
where notice was published
Chief executive officer of community
Effective date of
modification
Unincorporated
areas of Greenville County, (07–
04–4899P).
Unincorporated
areas of Greenville County, (07–
04–5198P).
Unincorporated
areas of Greenville County, (07–
04–5413P).
City of Hill City,
(07–08–0906P).
December 13, 2007; December 20, 2007; The Greenville News.
The Honorable Butch Kirven, Chairman,
Greenville County Council, 213
League Road, Simpsonville, SC
29681.
Mr. Joseph Kernell, County Administrator, Greenville County, 301 University Ridge, Suite 2400, Greenville, SC
29601.
The Honorable Butch Kirven, Chairman,
Greenville County Council, 213
League Road, Simpsonville, SC
29681.
The Honorable Don Voorhees, Mayor,
City of Hill City, City Hall, 324 Main
Street, Hill City, SD 57745.
March 20, 2008 ..............
450089
March 20, 2008 ..............
450089
March 20, 2008 ..............
450089
November 30, 2007 ........
460116
City of McKinney,
(07–06–1354P).
December 13, 2007; December 20, 2007; McKinney
Courier-Gazette.
December 6, 2007; December
13, 2007; McKinney Courier-Gazette.
December 14, 2007; December 21, 2007; The Rowlett
Lakeshore Times.
December 13, 2007; December 20, 2007; The Park Cities News.
The Honorable Bill Whitfield, Mayor, City
of McKinney, 222 North Tennessee
Street, McKinney, TX 75070.
The Honorable Bill Whitfield, Mayor, City
of McKinney, 222 North Tennessee
Street, McKinney, TX 75069.
The Honorable Mike Felix, Mayor, City
of Sachse, 5109 Peachtree Lane,
Sachse, TX 75048.
The Honorable William D. White, Jr.,
Mayor, Town of Highland Park, 4700
Drexel Drive, Highland Park, TX
75205.
The Honorable John Cook, Mayor, City
of El Paso, Two Civic Center Plaza,
Tenth Floor, El Paso, TX 79901.
The Honorable Kenneth Shetter, Mayor,
City of Burleson, 141 West Renfro
Street, Burleson, TX 76028.
The Honorable Quinn Alexander, Mayor,
City of Canyon, 301 16th Street, Canyon, TX 79015.
The Honorable Ernie Houdashell, Randall County Judge, 400 16th Street,
Canyon, TX 79015.
March 20, 2008 ..............
480135
November 21, 2007 ........
480135
March 21, 2008 ..............
480186
March 20, 2008 ..............
480178
November 30, 2007 ........
480214
March 19, 2008 ..............
485459
March 24, 2008 ..............
480533
March 24, 2008 ..............
480532
The Honorable William D. Tate, Mayor,
City of Grapevine, P.O. Box 95104,
Grapevine, TX 76099.
The Honorable T. Oscar Trevino, Jr.,
P.E., Mayor, City of North Richland
Hills, 7301 Northeast Loop 820, North
Richland Hills, TX 76180.
The Honorable Steve Swan, Mayor, City
of Lakeway, 1102 Lohman’s Crossing,
Lakeway, TX 78734.
November 21, 2007 ........
480598
March 20, 2008 ..............
480607
December 20, 2007 ........
481303
The Honorable Harry Atherton, Chairman, Fauquier County Board of Supervisors, 10 Hotel Street, Suite 208,
Warrenton, VA 20186.
The Honorable Harry Atherton, Chairman, Fauquier County Board of Supervisors, 10 Hotel Street, Suite 208,
Warrenton, VA 20186.
The Honorable Frances Morgan, President, Jefferson County Board of Commissioners, P.O. Box 250, Charles
Town, WV 25414.
March 12, 2008 ..............
510055
February 7, 2008 ............
510055
March 20, 2008 ..............
540065
Collin .................
City of McKinney,
(08–06–0334P).
Collin and Dallas
City of Sachse, (07–
06–2553P).
Dallas ................
Town of Highland
Park, (07–06–
1969P).
El Paso .............
City of El Paso,
(07–06–2364P).
Johnson ............
City of Burleson,
(07–06–2685P).
Randall ..............
City of Canyon,
(07–06–1472P).
Randall ..............
Unincorporated
areas of Randall
County, (07–06–
1472P).
City of Grapevine,
(07–06–1696P).
Tarrant ..............
December 13, 2007; December 20, 2007; The Greenville News.
December 13, 2007; December 20, 2007; The Greenville News.
December 12, 2007; December 19, 2007; Hill City
Prevailer-News.
December 13, 2007; December 20, 2007; El Paso
Times.
December 12, 2007; December 19, 2007; Burleson Star.
December 16, 2007; December 23, 2007; The Canyon
News.
December 16, 2007; December 23, 2007; The Canyon
News.
December 6, 2007; December
13, 2007; Northeast Tarrant
Star-Telegram.
December 13, 2007; December 20, 2007; Fort Worth
Star-Telegram.
Tarrant ..............
City of North Richland Hills, (07–
06–2421P).
Travis ................
City of Lakeway,
(07–06–1024P).
December 6, 2007; December
13, 2007; Austin AmericanStatesman.
Unincorporated
areas of Fauquier
County, (07–03–
1209P).
Unincorporated
areas of Fauquier
County, (07–03–
1250P).
Unincorporated
areas of Jefferson
County, 07–03–
0824P).
December 5, 2007; December
12, 2007; Fauquier Times
Democrat.
Virginia:
Fauquier ............
Fauquier ............
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West Virginia: Jefferson.
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October 31, 2007; November
7, 2007; Fauquier Times
Democrat.
December 13, 2007; December 20, 2007; The Journal.
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(Catalog of Federal Domestic Assistance No.
97.022, ‘‘Flood Insurance.’’)
Dated: February 26, 2008.
David I. Maurstad,
Federal Insurance Administrator of the
National Flood Insurance Program,
Department of Homeland Security, Federal
Emergency Management Agency.
[FR Doc. E8–4621 Filed 3–7–08; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 65
Changes in Flood Elevation
Determinations
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
SUMMARY: Modified Base (1% annualchance) Flood Elevations (BFEs) are
finalized for the communities listed
below. These modified BFEs will be
used to calculate flood insurance
premium rates for new buildings and
their contents.
DATES: The effective dates for these
modified BFEs are indicated on the
following table and revise the Flood
Insurance Rate Maps (FIRMs) in effect
for the listed communities prior to this
date.
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.
State and county
ebenthall on PRODPC61 with RULES
Alabama:
Madison, (FEMA
Docket No:
B–7750).
Madison, (FEMA
Docket No:
B–7750).
Arizona: Coconino,
(FEMA Docket No:
B–7750).
Location and case
No.
City of Huntsville
(06–04–BY84P).
Unincorporated
areas of Madison
County (06–04–
BY84P).
Unincorporated
areas of Coconino
County (07–09–
0172P).
The
Federal Emergency Management Agency
(FEMA) makes the final determinations
listed below of the modified BFEs for
each community listed. These modified
BFEs have been published in
newspapers of local circulation and
ninety (90) days have elapsed since that
publication. The Mitigation Division
Director of FEMA resolved any appeals
resulting from this notification.
The modified BFEs are not listed for
each community in this notice.
However, this final rule includes the
address of the Chief Executive Officer of
the community where the modified
BFEs determinations are available for
inspection.
The modified BFEs are made pursuant
to section 206 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 other
Federal, State, or regional entities.
These modified BFEs are used to meet
the floodplain management
requirements of the NFIP and are also
SUPPLEMENTARY INFORMATION:
used to calculate the appropriate flood
insurance premium rates for new
buildings built after these elevations are
made final, and for the contents in these
buildings. The changes in BFEs are in
accordance with 44 CFR 65.4.
National Environmental Policy Act.
This final 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 final
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 final rule involves no policies that
have federalism implications under
Executive Order 13132, Federalism.
Executive Order 12988, Civil Justice
Reform. This final rule meets the
applicable standards of Executive Order
12988.
List of Subjects in 44 CFR Part 65
Flood insurance, Floodplains,
Reporting and recordkeeping
requirements.
I 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:
I
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.
§ 65.4
[Amended]
2. The tables published under the
authority of § 65.4 are amended as
follows:
I
Date and name of newspaper
where notice was published
Chief executive officer
of community
Effective date
of modification
September 21, 2007; September 28, 2007; Madison
County Record.
September 21, 2007; September 28, 2007; Madison
County Record.
The Honorable Loretta Spencer, Mayor,
City of Huntsville, P.O. Box 308, Huntsville, AL 35804.
The Honorable Mike Gillespie, Chairman,
Madison County Commission, 6994
Courthouse 700, 100 North Side
Square, Huntsville, AL 35801.
The Honorable Elizabeth Archuleta,
Chairperson, Coconino County, Board
of Commissioners, 2500 North Fort Valley Road, Building One, Flagstaff, AZ
86001.
October 1, 2007 .............
010153
October 1, 2007 .............
010151
September 27, 2007 .......
040019
September 13, 2007; September 20, 2007; Arizona
Daily Sun.
California:
VerDate Aug<31>2005
15:37 Mar 07, 2008
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No.
]]>Agencies
[Federal Register Volume 73, Number 47 (Monday, March 10, 2008)]
[Rules and Regulations]
[Pages 12640-12644]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-4621]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 65
[Docket No. FEMA-B-7766]
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
[[Page 12641]]
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 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.
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.
No. notice was published of community
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama: Talladega............... Unincorporated areas December 14, 2007; The Honorable James G. March 21, 2008................ 010297
of Talladega December 21, 2007; Hilber, Administrator,
County, (07-04- The Daily Home. Talladega County, P.O.
6542P). Box 6170, Talladega, AL
35161.
Arizona:
Maricopa..................... Town of Buckeye, (07- December 7, 2007; The Honorable Bobby December 19, 2007............. 040039
09-1734P). December 14, 2007; Bryant, Mayor, Town of
West Valley View. Buckeye, 100 North
Apache Road, Suite A,
Buckeye, AZ 85326.
Yavapai...................... Unincorporated areas December 13, 2007; The Honorable Chip Davis, March 20, 2008................ 040093
of Yavapai County, December 20, 2007; Chairman, Yavapai County
(07-09-1369P). Prescott Daily Board of Supervisors,
Courier. 1015 Fair Street,
Prescott, AZ 86305.
California:
Santa Barbara................ Unincorporated areas December 20, 2007; The Honorable Brooks December 6, 2007.............. 060331
of Santa Barbara December 27, 2007; Firestone, Chair, Santa
County, (06-09- Santa Barbara News- Barbara County Board of
BF87P). Press. Supervisors, 105 East
Anapamu Street, Santa
Barbara, CA 93101.
Riverside.................... City of Corona, (07- November 1, 2007; The Honorable Eugene February 7, 2008.............. 060250
09-1194P). November 8, 2007; Montanez, Mayor, City of
The Press- Corona, 400 South
Enterprise. Vincentia Avenue,
Corona, CA 92882.
Colorado:
El Paso...................... Unincorporated areas December 5, 2007; The Honorable Dennis March 12, 2008................ 080059
of El Paso County, December 12, 2007; Hisey, Chairman, El Paso
(07-08-0324P). El Paso County County Board of
Advertiser and News. Commissioners, 27 East
Vermijo Avenue, Colorado
Springs, CO 80903-2208.
El Paso...................... Unincorporated areas December 12, 2007; The Honorable Dennis November 30, 2007............. 080059
of El Paso County, December 19, 2007; Hisey, Chairman, El Paso
(07-08-0475P). El Paso County County Board of
Advertiser and News. Commissioners, 27 East
Vermijo Avenue, Colorado
Springs, CO 80903.
[[Page 12642]]
Jefferson.................... City of Arvada, (07- December 13, 2007; The Honorable Ken March 20, 2008................ 085072
08-0940P). December 20, 2007; Fellman, Mayor, City of
The Golden Arvada, 8101 Ralston
Transcript. Road, Arvada, CO 80002.
Mesa......................... City of Grand December 6, 2007; Mr. Jim Doody, Mayor, March 13, 2008................ 080117
Junction, (07-08- December 13, 2007; City of Grand Junction,
0859P). The Daily Sentinel. 250 North Fifth Street,
Grand Junction, CO 81501.
Mesa......................... Unincorporated areas December 6, 2007; The Honorable Craig J. March 13, 2008................ 080115
of Mesa County, (07- December 13, 2007; Meis, Chairman, Mesa
08-0859P). The Daily Sentinel. County Board of
Commissioners, P.O. Box
20000, Grand Junction,
CO 81502-5010.
Florida:
Manatee...................... Unincorporated areas December 6, 2007; The Honorable Amy E. March 13, 2008................ 120153
of Manatee County, December 13, 2007; Stein, Chairman, Manatee
(07-04-4406P). The Bradenton County Board of
Herald. Commissioners, P.O. Box
1000, Bradenton, FL
34206-1000.
Polk......................... City of Winter December 6, 2007; The Honorable Nathaniel March 13, 2008................ 120271
Haven, (07-04- December 13, 2007; Birdsong, Mayor, City of
5471P). News Chief. Winter Haven, P.O. Box
2277, Winter Haven, FL
33883.
Polk......................... Unincorporated areas December 12, 2007; Mr. Bob English, March 19, 2008................ 120261
of Polk County, (07- December 19, 2007; Chairman, Polk County
04-5883P). The Polk County Board of Commissioners,
Democrat. P.O. Box 9005, Drawer
BC01, Bartow, FL 33831.
Georgia: Columbia................ Unincorporated areas December 12, 2007; The Honorable Ron C. March 19, 2008................ 130059
of Columbia County, December 19, 2007; Cross, Chairman,
(07-04-4973P). Columbia County Columbia County Board of
News-Times. Commissioners, P.O. Box
498, Evans, GA 30809.
Illinois:
Cook......................... City of Hickory December 13, 2007; The Honorable Michael November 30, 2007............. 170103
Hills, (07-05- December 20, 2007; Howley, Mayor, City of
6033P). The Reporter. Hickory Hills, 8652 West
95th Street, Hickory
Hills, IL 60457.
DuPage....................... Unincorporated areas December 13, 2007; The Honorable Robert J. March 20, 2008................ 170197
of DuPage County, December 20, 2007; Schillerstorm, Chairman,
(07-05-2642P). Daily Herald. DuPage County Board, 505
North County Farm Road,
Wheaton, IL 60187.
Kansas:
Marshall..................... City of Marysville, December 6, 2007; The Honorable Bernie March 13, 2008................ 200212
(07-07-0767P). December 13, 2007; Krug, Mayor, City of
The Marysville Marysville, 209 North
Advocate. Eighth Street,
Marysville, KS 66508.
Marshall..................... Unincorporated areas December 6, 2007; The Honorable Michael J. March 13, 2008................ 200210
of Marshall County, December 13, 2007; Keating, Head
(07-07-0767P). The Marysville Commissioner, Marshall
Advocate. County, 1201 Broadway,
Marysville, KS 66508.
Kentucky: Jefferson.............. Metropolitan December 13, 2007; The Honorable Jerry E. March 20, 2008................ 210120
Government of December 20, 2007; Abramson, Mayor,
Louisville- The Courier Journal. Metropolitan Government
Jefferson County, of Louisville-Jefferson
(07-04-4634P). County, 527 West
Jefferson Street,
Louisville, KY 40202.
Maryland:
Frederick.................... Town of Emmitsburg, December 13, 2007; The Honorable James E. December 31, 2007............. 240029
(07-03-0468P). December 20, 2007; Hoover, Mayor, Town of
The Frederick News- Emmitsburg, 300A-1 South
Post. Seton Avenue,
Emmitsburg, MD 21727.
Frederick.................... Unincorporated areas December 13, 2007; Ms. Jan Gardner, December 31, 2007............. 240027
of Frederick December 20, 2007; President, Board of
County, (07-03- The Frederick News- Commissioners, Frederick
0468P). Post. County, 12 East Church
Street, Frederick, MD
21701.
Missouri: St. Charles............ Unincorporated areas December 12, 2007; The Honorable Steve December 21, 2007............. 290315
of St. Charles December 19, 2007; Ehlmann, County
County, (07-07- St. Charles Journal. Executive, St. Charles
1738P). County, 201 North Second
Street, St. Charles, MO
63301.
New Jersey: Monmouth............. Township of Neptune, December 13, 2007; The Honorable James November 28, 2007............. 340317
(07-02-0634P). December 20, 2007; Manning, Jr., Mayor,
Asbury Park Press. Township of Neptune,
P.O. Box 1125, Neptune,
NJ 07754.
North Carolina: Mecklenburg...... Unincorporated areas January 14, 2008; Mr. Harry Jones, Sr., April 20, 2008................ 370158
of Mecklenburg January 21, 2008; Mecklenburg County
County, (07-04- The Charlotte Manager, 600 East Fourth
6546P). Observer. Street, Charlotte, NC
28202.
Ohio:
Greene....................... City of Xenia, (07- November 3, 2007; The Honorable Phyllis February 11, 2008............. 390197
05-5432P). November 10, 2007; Pennewitt, Mayor, City
Xenia Daily Gazette. of Xenia, 101 North
Detroit Street, Xenia,
OH 45385.
Greene....................... Unincorporated areas November 3, 2007; The Honorable Ralph February 11, 2008............. 390193
of Greene County, November 10, 2007; Harper, President,
(07-05-5432P). Xenia Daily Gazette. Greene County Board of
Commissioners, 35 Greene
Street, Xenia, OH 45385.
Oregon: Clackamas................ City of Wilsonville, December 12, 2007; The Honorable Charlotte December 31, 2007............. 410025
(07-10-0469P). December 19, 2007; Lehan, Mayor, City of
Wilsonville Wilsonville, 29786
Spokesman. Southwest Lehan Court,
Wilsonville, OR 97070.
South Carolina:
[[Page 12643]]
Greenville................... Unincorporated areas December 13, 2007; The Honorable Butch March 20, 2008................ 450089
of Greenville December 20, 2007; Kirven, Chairman,
County, (07-04- The Greenville News. Greenville County
4899P). Council, 213 League
Road, Simpsonville, SC
29681.
Greenville................... Unincorporated areas December 13, 2007; Mr. Joseph Kernell, March 20, 2008................ 450089
of Greenville December 20, 2007; County Administrator,
County, (07-04- The Greenville News. Greenville County, 301
5198P). University Ridge, Suite
2400, Greenville, SC
29601.
Greenville................... Unincorporated areas December 13, 2007; The Honorable Butch March 20, 2008................ 450089
of Greenville December 20, 2007; Kirven, Chairman,
County, (07-04- The Greenville News. Greenville County
5413P). Council, 213 League
Road, Simpsonville, SC
29681.
South Dakota: Pennington......... City of Hill City, December 12, 2007; The Honorable Don November 30, 2007............. 460116
(07-08-0906P). December 19, 2007; Voorhees, Mayor, City of
Hill City Prevailer- Hill City, City Hall,
News. 324 Main Street, Hill
City, SD 57745.
Texas:
Collin....................... City of McKinney, December 13, 2007; The Honorable Bill March 20, 2008................ 480135
(07-06-1354P). December 20, 2007; Whitfield, Mayor, City
McKinney Courier- of McKinney, 222 North
Gazette. Tennessee Street,
McKinney, TX 75070.
Collin....................... City of McKinney, December 6, 2007; The Honorable Bill November 21, 2007............. 480135
(08-06-0334P). December 13, 2007; Whitfield, Mayor, City
McKinney Courier- of McKinney, 222 North
Gazette. Tennessee Street,
McKinney, TX 75069.
Collin and Dallas............ City of Sachse, (07- December 14, 2007; The Honorable Mike Felix, March 21, 2008................ 480186
06-2553P). December 21, 2007; Mayor, City of Sachse,
The Rowlett 5109 Peachtree Lane,
Lakeshore Times. Sachse, TX 75048.
Dallas....................... Town of Highland December 13, 2007; The Honorable William D. March 20, 2008................ 480178
Park, (07-06-1969P). December 20, 2007; White, Jr., Mayor, Town
The Park Cities of Highland Park, 4700
News. Drexel Drive, Highland
Park, TX 75205.
El Paso...................... City of El Paso, (07- December 13, 2007; The Honorable John Cook, November 30, 2007............. 480214
06-2364P). December 20, 2007; Mayor, City of El Paso,
El Paso Times. Two Civic Center Plaza,
Tenth Floor, El Paso, TX
79901.
Johnson...................... City of Burleson, December 12, 2007; The Honorable Kenneth March 19, 2008................ 485459
(07-06-2685P). December 19, 2007; Shetter, Mayor, City of
Burleson Star. Burleson, 141 West
Renfro Street, Burleson,
TX 76028.
Randall...................... City of Canyon, (07- December 16, 2007; The Honorable Quinn March 24, 2008................ 480533
06-1472P). December 23, 2007; Alexander, Mayor, City
The Canyon News. of Canyon, 301 16th
Street, Canyon, TX 79015.
Randall...................... Unincorporated areas December 16, 2007; The Honorable Ernie March 24, 2008................ 480532
of Randall County, December 23, 2007; Houdashell, Randall
(07-06-1472P). The Canyon News. County Judge, 400 16th
Street, Canyon, TX 79015.
Tarrant...................... City of Grapevine, December 6, 2007; The Honorable William D. November 21, 2007............. 480598
(07-06-1696P). December 13, 2007; Tate, Mayor, City of
Northeast Tarrant Grapevine, P.O. Box
Star-Telegram. 95104, Grapevine, TX
76099.
Tarrant...................... City of North December 13, 2007; The Honorable T. Oscar March 20, 2008................ 480607
Richland Hills, (07- December 20, 2007; Trevino, Jr., P.E.,
06-2421P). Fort Worth Star- Mayor, City of North
Telegram. Richland Hills, 7301
Northeast Loop 820,
North Richland Hills, TX
76180.
Travis....................... City of Lakeway, (07- December 6, 2007; The Honorable Steve Swan, December 20, 2007............. 481303
06-1024P). December 13, 2007; Mayor, City of Lakeway,
Austin American- 1102 Lohman's Crossing,
Statesman. Lakeway, TX 78734.
Virginia:
Fauquier..................... Unincorporated areas December 5, 2007; The Honorable Harry March 12, 2008................ 510055
of Fauquier County, December 12, 2007; Atherton, Chairman,
(07-03-1209P). Fauquier Times Fauquier County Board of
Democrat. Supervisors, 10 Hotel
Street, Suite 208,
Warrenton, VA 20186.
Fauquier..................... Unincorporated areas October 31, 2007; The Honorable Harry February 7, 2008.............. 510055
of Fauquier County, November 7, 2007; Atherton, Chairman,
(07-03-1250P). Fauquier Times Fauquier County Board of
Democrat. Supervisors, 10 Hotel
Street, Suite 208,
Warrenton, VA 20186.
West Virginia: Jefferson......... Unincorporated areas December 13, 2007; The Honorable Frances March 20, 2008................ 540065
of Jefferson December 20, 2007; Morgan, President,
County, 07-03- The Journal. Jefferson County Board
0824P). of Commissioners, P.O.
Box 250, Charles Town,
WV 25414.
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 12644]]
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')
Dated: February 26, 2008.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance
Program, Department of Homeland Security, Federal Emergency Management
Agency.
[FR Doc. E8-4621 Filed 3-7-08; 8:45 am]
BILLING CODE 9110-12-P
