Changes in Flood Elevation Determinations, 20807-20810 [E8-8325]

Download as PDF Federal Register / Vol. 73, No. 75 / Thursday, April 17, 2008 / Rules and Regulations weighting approach recommended by commenters. have prepared an accounting statement showing the classification of the expenditures associated with the provisions of this final rule. This table provides our best estimate of the cost associated due to increased Federal lowincome premium subsidy payments, D. Accounting Statement As required by OMB Circular A–4 (available at http:// www.whitehouse.gov/omb/circulars/ a004/a-4.pdf), in Table 2 below, we 20807 which are primarily the result of allowing a greater number of lowincome beneficiaries to remain in their current plan, rather than reassigning them to a lower cost plan. All expenditures are classified as costs to the Federal Government. TABLE 2.—ACCOUNTING STATEMENT: CLASSIFICATION OF ESTIMATED EXPENDITURES FOR THE MODIFICATION TO THE WEIGHTING METHODOLOGY USED TO CALCULATE THE LOW-INCOME BENCHMARK AMOUNT, FINAL RULE Category: Monetized costs Costs ($ millions) Single Year CY 2009 ............................................................................................................................................................... Annualized Monetized Costs Using 7% Discount Rate FY 2009–FY 2018 ........................................................................... Annualized Monetized Costs Using 3% Discount Rate FY 2009–FY 2018 ........................................................................... Undiscounted Cumulative Costs—FY 2009–FY 2018 ............................................................................................................ $60 114.6 119.3 1,230 Costs reflect transfers from the Federal Government to Health Plans. mstockstill on PROD1PC66 with RULES E. Conclusion This rule is estimated to result in an increased Federal cost of $60 million in CY 2009 and $1.23 billion over the next 10 fiscal years (2009 through 2018). As explained above, these costs are primarily due to an increase in lowincome premium subsidy payments. This rule will not have a significant economic impact on a substantial number of small entities, so we are not preparing an analysis for the RFA. In addition, the regulation will not have a significant impact on the operations of a substantial number of small rural hospitals, so we are not preparing an analysis for section 1102(b) of the Act. The analysis above, together with the preamble, provides a Regulatory Impact Analysis as it qualifies as a major rule under Executive Order 12866. In accordance with the provisions of Executive Order 12866, this regulation was reviewed by the Office of Management and Budget. III. Waiver of Proposed Rulemaking We ordinarily publish a notice of proposed rulemaking in the Federal Register to provide a period for public comment before the provisions of a rule take effect in accordance with section 553(b) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). However, we can waive this notice and comment procedure if the Secretary finds, for good cause, that the notice and comment process is impracticable, unnecessary, or contrary to the public interest, and incorporates a statement of the finding and the reasons therefore in the notice. This correction notice does not make any changes to the final rule printed in the Federal Register on April 3, 2008, which was the product of a public notice and comment process. Rather, this notice corrects an arithmetic error VerDate Aug<31>2005 17:02 Apr 16, 2008 Jkt 214001 that was reflected in the impact analysis accompanying the final rule. Because this error does not affect the substance of the final rule or involve any exercise of policy discretion, we do not believe an additional comment period is necessary. In addition, because MA organizations and PDP Sponsors have already begun the process of preparing their bids for 2009, and may take the erroneous impact analysis in the final rule into account in doing so, it is in the public interest to publish a corrected impact statement as soon as possible. (Catalog of Federal Domestic Assistance Program No. 93.773, Medicare—Hospital Insurance; and Program No. 93.774, Medicare—Supplementary Medical Insurance Program) Dated: April 11, 2008. Ashley Files Flory, Deputy Executive Secretary. [FR Doc. 08–1136 Filed 4–11–08; 3:55 pm] BILLING CODE 4120–01–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 65 [Docket No. FEMA–B–7772] 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 of new scientific or technical data. New PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 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. E:\FR\FM\17APR1.SGM 17APR1 20808 Federal Register / Vol. 73, No. 75 / Thursday, April 17, 2008 / Rules and Regulations 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 State and county Arizona: Maricopa ............ Location and case No. Date and name of newspaper where notice was published Unincorporated areas of Maricopa County (07–09–1354P). City of Phoenix (07– 09–1713P). Mohave .............. City of Kingman (07– 09–0639P). Yavapai ............. Town of Prescott (07– 09–1453P). Yavapai ............. Unincorporated areas of Yavapai County (07–09–1440P). City of Chula Vista (07–09–1325P). Shasta ............... City of Anderson (07– 09–1860P). Yuba .................. Unincorporated areas of Yuba County (07– 09–1893P). Connecticut: Fairfield Florida: Lake ................... 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. 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 January 10, 2008; January 17, 2008; Arizona Business Gazette. Maricopa ............ California: San Diego ......... other Federal, State, or regional entities. The changes in 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. Town of Greenwich (07–01–0700P). Unincorporated areas of Lake County (07– 04–6495P). January 4, 2008 ........... 040037 January 14, 2008 ......... 040051 May 1, 2008 ................. 040060 December 14, 2007 ..... 040121 April 17, 2008 .............. 040093 January 10, 2008; January 17, 2008; San Diego Daily Transcript. January 9, 2008; January 16, 2008; Anderson Valley Post. The Honorable Cheryl Cox, Mayor, City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910. The Honorable Keith Webster, Mayor, City of Anderson, 1887 Howard Street, Anderson, CA 96007. January 10, 2008; January 17, The Honorable Hal Stocker, Chairman, 2008; The Appeal-Democrat. Yuba County Board of Supervisors, 915 Eighth Street, Suite 109, Marysville, CA 95901. January 18, 2008; January 25, The Honorable Peter Tesei, First Select2008; Greenwich Time. man, Town of Greenwich, 101 Field Point Road, Greenwich, CT 06830. December 27, 2007 ..... 065021 April 16, 2008 .............. 060359 December 26, 2007 ..... 060427 January 9, 2008 ........... 090008 April 17, 2008 .............. 120421 December 10, 2007 ..... 120424 May 1, 2008 ................. 125129 December 26, 2007 ..... 130039 December 26, 2007 ..... 130424 Village of Islamorada (07–04–6596P). Monroe .............. mstockstill on PROD1PC66 with RULES Monroe .............. Unincorporated areas of Monroe County (07–04–3519P). City of Canton (07–04– 2655P). January 11, 2008; January 18, 2008; Cherokee Tribune. Unincorporated areas of Cherokee County (07–04–2655P). January 11, 2008; January 18, 2008; Cherokee Tribune. Cherokee ........... VerDate Aug<31>2005 17:12 Apr 16, 2008 Jkt 214001 Community No. The Honorable Fulton Brock, Chairman, Maricopa County Board of Supervisors, 301 West Jefferson Street, 10th Floor, Phoenix, AZ 85003. January 3, 2008; January 10, The Honorable Phil Gordon, Mayor, City of 2008; Arizona Business GaPhoenix, 200 West Washington Street, zette. 11th Floor, Phoenix, AZ 85003. January 24, 2008; January 31, The Honorable Lester Byram, Mayor, City 2008; The Kingman Daily of Kingman, 310 North Fourth Street, Miner. Kingman, AZ 86401. January 3, 2008; January 10, The Honorable Harvey C. Skoog, Mayor, 2008; Prescott Daily Courier. Town of Prescott Valley, 7501 East Civic Circle, Prescott Valley, AZ 86314. January 10, 2008; January 17, The Honorable Chip Davis, Chairman, 2008; Prescott Daily Courier. Yavapai County Board of Supervisors, 1015 Fair Street, Prescott, AZ 86305. January 10, 2008; January 17, The Honorable Welton G. Cadwell, Chair2008; The Daily Commercial. man, Lake County Board of Commissioners, P.O. Box 7800, Tavares, FL 32778–7800. December 29, 2007; January The Honorable Chris Sante, Mayor, Vil3, 2008; Key West Citizen. lage of Islamorada, P.O. Box 568, Islamorada, FL 33036. January 24, 2008; January 31, The Honorable Charles McCoy, Mayor, 2008; Key West Citizen. Monroe County, 1100 Simonton Street, Key West, FL 33040. Georgia: Cherokee ........... Effective date of modification Chief executive officer of community PO 00000 Frm 00030 Fmt 4700 The Honorable Cecil G. Pruett, Mayor, City of Canton, 151 Elizabeth Street, Canton, GA 30114. The Honorable Buzz Ahrens, Chairman, Cherokee County Board of Commissioners, 90 North Street, Suite 310, Canton, GA 30114. Sfmt 4700 E:\FR\FM\17APR1.SGM 17APR1 Federal Register / Vol. 73, No. 75 / Thursday, April 17, 2008 / Rules and Regulations 20809 Location and case No. Date and name of newspaper where notice was published Chief executive officer of community Effective date of modification Columbia ........... Unincorporated areas of Columbia County (07–04–2731P). December 26, 2007; January 2, 2008; Columbia County News-Times. April 2, 2008 ................. 130059 Columbia ........... Unincorporated areas of Columbia County (07–04–5157P). December 26, 2007; January 2, 2008; Columbia County News-Times. December 12, 2007 ..... 130059 Columbia ........... City of Grovetown (07– 04–5157P). December 26, 2007; January 2, 2008; Columbia County News-Times. The Honorable Ron C. Cross, Chairman, Columbia County Board of Commissioners, P.O. Box 498, Evans, GA 30809. The Honorable Ron C. Cross, Chairman, Columbia County Board of Commissioners, P.O. Box 498, Evans, GA 30809. The Honorable Dennis O. Trudeau, Mayor, City of Grovetown, P.O. Box 120, Grovetown, GA 30813. December 12, 2007 ..... 130265 Unincorporated areas of Clinton County (07–05–6034P). Unincorporated areas of Kane County (07– 05–0178P). January 24, 2008; January 31, 2008; The Breese Journal. The Honorable Ray Kloeckner, Chairman, Clinton County Board of Directors, 4626 Court Road, Germantown, IL 62245. The Honorable Karen McConnaughay, Chairman, Kane County Board, 719 South Batavia Avenue, Geneva, IL 60134. The Honorable P. Sean Michels, President, Village of Sugar Grove, P.O. Box 49, Sugar Grove, IL 60554. The Honorable Suzi Schmidt, Chairman, Lake County Board of Commissioners, 18 North County Street, Room 1001, Waukegan, IL 60085. The Honorable Richard H. Hyde, Mayor, City of Waukegan, 100 North Martin Luther King, Jr. Avenue, Waukegan, IL 60085. The Honorable Katherine A. Laube, President, Village of Fox River Grove, 305 Illinois Street, Fox River Grove, IL 60021. The Honorable Ron Tendick, Mayor, City of Jacksonville, 200 West Douglas Avenue, Jacksonville, IL 62650. The Honorable James A. Waldorf, President, Village of Plainfield, 24401 West Lockport Street, Plainfield, IL 60544. The Honorable James R. Walker, Mayor, City of Peru, 35 South Broadway, Peru, IN 46970. The Honorable Les Aasheim, Mayor, City of Clive, 1900 Northwest 114th Street, Clive, IA 50325. The Honorable Bonnie J. Phaneuf, Chair, Board of Selectmen, Southborough Town House, 17 Common Street, Southborough, MA 01772. January 10, 2008 ......... 170044 May 1, 2008 ................. 170896 May 1, 2008 ................. 170333 April 17, 2008 .............. 170357 April 17, 2008 ............... 170397 April 17, 2008 ............... 170477 December 12, 2007 ..... 170516 December 11, 2007 ..... 170771 December 31, 2007 ..... 180168 April 25, 2008 .............. 190488 January 31, 2008 ......... 250333 The Honorable John Warford, Mayor, City of Bismarck, P.O. Box 5503, Bismarck, ND 58506–5503. January 10, 2008; January 17, The Honorable Marlan Haakenson, Chair2008; Bismarck Tribune. man, Burleigh County Commission, 115 South Griffin Street, Bismarck, ND 58504–5309. January 9, 2008; January 16, The Honorable Tom Potter, Mayor, City of 2008; The Gresham Outlook. Portland, 1221 Southwest Fourth Avenue, Suite 340, Portland, OR 97204. April 17, 2008 .............. 380149 April 17, 2008 .............. 380017 January 28, 2008 ......... 410183 The Honorable Larry Unger, President, Township of Salisbury, 2900 South Pike Avenue, Allentown, PA 18103. The Honorable Charles Palmeri, Chairman, Lower Mount Bethel Board of Supervisors, P.O. Box 257, Martins Creek, PA 18063. April 10, 2008 .............. 420591 April 10, 2008 ............... 420724 The Honorable Carl B. Beckmann, Jr., Mayor, City of Folly Beach, P.O. Box 48, Folly Beach, SC 29439. The Honorable Herman G. Kirven, Jr., Chairman, Greenville County Council, 301 University Ridge, Suite 2400, Greenville, SC 29601. The Honorable William C. ‘‘Billy’’ Derrick, Chairman, Lexington County Council, 212 South Lake Drive, Lexington, SC 29072. December 18, 2007 ..... 455415 April 17, 2008 ............... 450089 March 13, 2008 ............ 450129 State and county Illinois: Clinton ............... Kane .................. January 24, 2008; January 31, 2008; Kane County Chronicle. Kane .................. Village of Sugar Grove (07–05–0178P). Lake ................... Unincorporated areas of Lake County (06– 05–BR72P). Lake ................... City of Waukegan (06– 05–BR72P). January 10, 2008; January 17, 2008; Lake County NewsSun. McHenry ............ Village of Fox River Grove (07–05– 5055P). City of Jacksonville (07–05–0512P). January 10, 2008; January 17, 2008; Northwest Herald. Morgan .............. January 24, 2008; January 31, 2008; Kane County Chronicle. January 10, 2008; January 17, 2008; Lake County NewsSun. Village of Plainfield (07–05–5056P). January 10, 2008; January 17, 2008; Jacksonville JournalCourier. January 3, 2008; January 10, 2008; Herald News. Indiana: Miami .......... City of Peru (08–05– 0338P). December 13, 2007; December 20, 2007; Peru Tribune. Iowa: Clive and Polk City of Clive (07–07– 1800P). Massachusetts: Worcester. Town of Southborough (07–01–0993P). January 18, 2008; January 25, 2008; The Des Moines Register. January 18, 2008; January 25, 2008; NorthboroughSouthborough Villager. Will ..................... North Dakota: Burleigh ............. City of Bismarck (07– 08–0142A). Burleigh ............. Unincorporated areas of Burleigh County (07–08–0142A). Oregon: Clackamas, Multnomah, Washington. Pennsylvania: Lehigh ................ City of Portland (07– 10–0004P). January 10, 2008; January 17, 2008; Bismarck Tribune. Township of Salisbury (07–03–0947P). January 3, 2008; January 10, 2008; Express-Times. Township of Lower Mount Bethel (07– 03–1293P). January 3, 2008; January 10, 2008; Express-Times. City of Folly Beach (08–04–0583P). January 3, 2008; January 10, 2008; The Post and Courier. Greenville .......... Greenville County (07– 04–5799P). January 10, 2008; January 17, 2008; The Greenville News. Lexington ........... Lexington County (07– 04–5473P). December 6, 2007; December 13, 2007; Lexington County Chronicle. Northampton ...... mstockstill on PROD1PC66 with RULES South Carolina: Charleston ......... VerDate Aug<31>2005 17:02 Apr 16, 2008 Jkt 214001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\17APR1.SGM 17APR1 Community No. 20810 Federal Register / Vol. 73, No. 75 / Thursday, April 17, 2008 / Rules and Regulations 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 Sumter County (07–04–6293P). City of Chattanooga (07–04–4405P). January 10, 2008; January 17, 2008; Sumter Item. The Honorable Vivian Fleming-McGhaney, Chair, Sumter County Council, 13 East Canal Street, Sumter, SC 29150. The Honorable Ron Littlefield, Mayor, City of Chattanooga, 101 East 11th Street, Suite 100, Chattanooga, TN 37402. April 17, 2008 .............. 450182 April 17, 2008 .............. 470072 City of Allen (07–06– 2412P). January 10, 2008; January 17, 2008; The Allen American. April 17, 2008 .............. 480131 Collin ................. City of Celina (08–06– 0373P). January 3, 2008; January 10, 2008; The Celina Record. December 26, 2007 ..... 480133 Dallas ................ City of Dallas (06–06BF24P). January 31, 2008; February 7, 2008; The Mesquite News. May 8, 2008 ................. 480171 Dallas ................ Town of Sunnyvale (06–06-BF24P). January 31, 2008; February 7, 2008; The Mesquite News. May 8, 2008 ................. 480188 Fort Bend .......... City of Katy (07–06– 2143P). City of Terrell (07–06– 1906P). January 3, 2008; January 10, 2008; Fort Bend Herald. January 10, 2008; January 17, 2008; The Terrell Tribune. December 14, 2007 ..... 480301 December 31, 2007 ..... 480416 Unincorporated areas of Kaufman County (06–06–BF24P). Unincorporated areas of Montgomery County (06–06– B643P). Unincorporated areas of Travis County (07–06–02514P). Town of Hutto (07–06– 0731P). January 31, 2008; February 7, 2008; The Mesquite News. May 8, 2008 ................. 480411 April 9, 2008 ................. 480483 April 17, 2008 .............. 481026 April 17, 2008 ............... 481047 Unincorporated areas of Whatcom County (07–10–0356P). January 3, 2008; January 10, 2008; The Bellingham Herald. The Honorable Stephen Terrell, Mayor, City of Allen, 305 Century Parkway, Allen, TX 75013. The Honorable Corbett Howard, Mayor, City of Celina, 302 West Walnut Street, Celina, TX 75009. The Honorable Tom Leppert, Mayor, City of Dallas, 1500 Marilla Street, Room 5EN, Dallas, TX 75201. The Honorable Jim Phaup, Mayor, Town of Sunnyvale, 127 North Collins Road, Sunnyvale, TX 75182. The Honorable Don Elder Jr., Mayor, City of Katy, P.O. Box 617, Katy, TX 77492. The Honorable Hal Richards, Mayor, City of Terrell, P.O. Box 310, Terrell, TX 75160. The Honorable Wayne Gent, Kaufman County Judge, 100 West Mulberry Street, Kaufman, TX 75142. The Honorable Alan B. Sadler, Montgomery County Judge, 301 North Thompson Street, Suite 210, Conroe, TX 77301. The Honorable Samuel T. Biscoe, Travis County Judge, P.O. Box 1748, Austin, TX 78767. The Honorable Kenneth L. Love, Mayor, Town of Hutto, 401 West Front Street, Hutto, TX 78634. The Honorable Pete Kremen, Whatcom County Executive, County Courthouse, 311 Grand Avenue, Suite 108, Bellingham, WA 98225. December 17, 2007 ..... 530198 State and county Sumter ............... Tennessee: Hamilton Texas: Collin ................. Kaufman ............ Kaufman ............ Montgomery ...... Travis ................. Williamson ......... Washington: Whatcom. January 10, 2008; January 17, 2008; Chattanooga Times Free Press. January 9, 2008; January 16, 2008; The Montgomery County News. January 10, 2008; January 17, 2008; Austin AmericanStatesman. January 10, 2008; January 17, 2008; Round Rock Leader. (Catalog of Federal Domestic Assistance No. 97.022, ‘‘Flood Insurance.’’) Dated: March 31, 2008. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E8–8325 Filed 4–16–08; 8:45 am] BILLING CODE 9110–12–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 Final Flood Elevation Determinations Federal Emergency Management Agency, DHS. ACTION: Final rule. mstockstill on PROD1PC66 with RULES AGENCY: SUMMARY: Base (1% annual chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that VerDate Aug<31>2005 17:02 Apr 16, 2008 Jkt 214001 each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). DATES: The date of issuance of the Flood Insurance Rate Map (FIRM) showing BFEs and modified BFEs for each community. This date may be obtained by contacting the office where the maps are available for inspection as indicated on the table below. ADDRESSES: The final 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 Federal Emergency Management Agency (FEMA) makes the final determinations listed below for the modified BFEs for each community listed. These modified PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 Community No. elevations have been published in newspapers of local circulation and ninety (90) days have elapsed since that publication. The Assistant Administrator of the Mitigation Directorate has resolved any appeals resulting from this notification. This final rule is issued in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 67. FEMA has developed criteria for floodplain management in floodprone areas in accordance with 44 CFR part 60. Interested lessees and owners of real property are encouraged to review the proof Flood Insurance Study and FIRM available at the address cited below for each community. The BFEs and modified BFEs are made final in the communities listed below. Elevations at selected locations in each community are shown. 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 E:\FR\FM\17APR1.SGM 17APR1

Agencies

[Federal Register Volume 73, Number 75 (Thursday, April 17, 2008)]
[Rules and Regulations]
[Pages 20807-20810]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-8325]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket No. FEMA-B-7772]


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.

[[Page 20808]]

    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 in 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 No.     newspaper where     Chief executive officer of  Effective date of modification   Community
                                                            notice was published           community                                              No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Arizona:
    Maricopa......................  Unincorporated areas   January 10, 2008;      The Honorable Fulton        January 4, 2008...............      040037
                                     of Maricopa County     January 17, 2008;      Brock, Chairman, Maricopa
                                     (07-09-1354P).         Arizona Business       County Board of
                                                            Gazette.               Supervisors, 301 West
                                                                                   Jefferson Street, 10th
                                                                                   Floor, Phoenix, AZ 85003.
    Maricopa......................  City of Phoenix (07-   January 3, 2008;       The Honorable Phil Gordon,  January 14, 2008..............      040051
                                     09-1713P).             January 10, 2008;      Mayor, City of Phoenix,
                                                            Arizona Business       200 West Washington
                                                            Gazette.               Street, 11th Floor,
                                                                                   Phoenix, AZ 85003.
    Mohave........................  City of Kingman (07-   January 24, 2008;      The Honorable Lester        May 1, 2008...................      040060
                                     09-0639P).             January 31, 2008;      Byram, Mayor, City of
                                                            The Kingman Daily      Kingman, 310 North Fourth
                                                            Miner.                 Street, Kingman, AZ 86401.
    Yavapai.......................  Town of Prescott (07-  January 3, 2008;       The Honorable Harvey C.     December 14, 2007.............      040121
                                     09-1453P).             January 10, 2008;      Skoog, Mayor, Town of
                                                            Prescott Daily         Prescott Valley, 7501
                                                            Courier.               East Civic Circle,
                                                                                   Prescott Valley, AZ 86314.
    Yavapai.......................  Unincorporated areas   January 10, 2008;      The Honorable Chip Davis,   April 17, 2008................      040093
                                     of Yavapai County      January 17, 2008;      Chairman, Yavapai County
                                     (07-09-1440P).         Prescott Daily         Board of Supervisors,
                                                            Courier.               1015 Fair Street,
                                                                                   Prescott, AZ 86305.
California:
    San Diego.....................  City of Chula Vista    January 10, 2008;      The Honorable Cheryl Cox,   December 27, 2007.............      065021
                                     (07-09-1325P).         January 17, 2008;      Mayor, City of Chula
                                                            San Diego Daily        Vista, 276 Fourth Avenue,
                                                            Transcript.            Chula Vista, CA 91910.
    Shasta........................  City of Anderson (07-  January 9, 2008;       The Honorable Keith         April 16, 2008................      060359
                                     09-1860P).             January 16, 2008;      Webster, Mayor, City of
                                                            Anderson Valley Post.  Anderson, 1887 Howard
                                                                                   Street, Anderson, CA
                                                                                   96007.
    Yuba..........................  Unincorporated areas   January 10, 2008;      The Honorable Hal Stocker,  December 26, 2007.............      060427
                                     of Yuba County (07-    January 17, 2008;      Chairman, Yuba County
                                     09-1893P).             The Appeal-Democrat.   Board of Supervisors, 915
                                                                                   Eighth Street, Suite 109,
                                                                                   Marysville, CA 95901.
Connecticut: Fairfield............  Town of Greenwich (07- January 18, 2008;      The Honorable Peter Tesei,  January 9, 2008...............      090008
                                     01-0700P).             January 25, 2008;      First Selectman, Town of
                                                            Greenwich Time.        Greenwich, 101 Field
                                                                                   Point Road, Greenwich, CT
                                                                                   06830.
Florida:
    Lake..........................  Unincorporated areas   January 10, 2008;      The Honorable Welton G.     April 17, 2008................      120421
                                     of Lake County (07-    January 17, 2008;      Cadwell, Chairman, Lake
                                     04-6495P).             The Daily Commercial.  County Board of
                                                                                   Commissioners, P.O. Box
                                                                                   7800, Tavares, FL 32778-
                                                                                   7800.
    Monroe........................  Village of Islamorada  December 29, 2007;     The Honorable Chris Sante,  December 10, 2007.............      120424
                                     (07-04-6596P).         January 3, 2008; Key   Mayor, Village of
                                                            West Citizen.          Islamorada, P.O. Box 568,
                                                                                   Islamorada, FL 33036.
    Monroe........................  Unincorporated areas   January 24, 2008;      The Honorable Charles       May 1, 2008...................      125129
                                     of Monroe County (07-  January 31, 2008;      McCoy, Mayor, Monroe
                                     04-3519P).             Key West Citizen.      County, 1100 Simonton
                                                                                   Street, Key West, FL
                                                                                   33040.
Georgia:
    Cherokee......................  City of Canton (07-04- January 11, 2008;      The Honorable Cecil G.      December 26, 2007.............      130039
                                     2655P).                January 18, 2008;      Pruett, Mayor, City of
                                                            Cherokee Tribune.      Canton, 151 Elizabeth
                                                                                   Street, Canton, GA 30114.
    Cherokee......................  Unincorporated areas   January 11, 2008;      The Honorable Buzz Ahrens,  December 26, 2007.............      130424
                                     of Cherokee County     January 18, 2008;      Chairman, Cherokee County
                                     (07-04-2655P).         Cherokee Tribune.      Board of Commissioners,
                                                                                   90 North Street, Suite
                                                                                   310, Canton, GA 30114.

[[Page 20809]]

 
    Columbia......................  Unincorporated areas   December 26, 2007;     The Honorable Ron C.        April 2, 2008.................      130059
                                     of Columbia County     January 2, 2008;       Cross, Chairman, Columbia
                                     (07-04-2731P).         Columbia County News-  County Board of
                                                            Times.                 Commissioners, P.O. Box
                                                                                   498, Evans, GA 30809.
    Columbia......................  Unincorporated areas   December 26, 2007;     The Honorable Ron C.        December 12, 2007.............      130059
                                     of Columbia County     January 2, 2008;       Cross, Chairman, Columbia
                                     (07-04-5157P).         Columbia County News-  County Board of
                                                            Times.                 Commissioners, P.O. Box
                                                                                   498, Evans, GA 30809.
    Columbia......................  City of Grovetown (07- December 26, 2007;     The Honorable Dennis O.     December 12, 2007.............      130265
                                     04-5157P).             January 2, 2008;       Trudeau, Mayor, City of
                                                            Columbia County News-  Grovetown, P.O. Box 120,
                                                            Times.                 Grovetown, GA 30813.
Illinois:
    Clinton.......................  Unincorporated areas   January 24, 2008;      The Honorable Ray           January 10, 2008..............      170044
                                     of Clinton County      January 31, 2008;      Kloeckner, Chairman,
                                     (07-05-6034P).         The Breese Journal.    Clinton County Board of
                                                                                   Directors, 4626 Court
                                                                                   Road, Germantown, IL
                                                                                   62245.
    Kane..........................  Unincorporated areas   January 24, 2008;      The Honorable Karen         May 1, 2008...................      170896
                                     of Kane County (07-    January 31, 2008;      McConnaughay, Chairman,
                                     05-0178P).             Kane County            Kane County Board, 719
                                                            Chronicle.             South Batavia Avenue,
                                                                                   Geneva, IL 60134.
    Kane..........................  Village of Sugar       January 24, 2008;      The Honorable P. Sean       May 1, 2008...................      170333
                                     Grove (07-05-0178P).   January 31, 2008;      Michels, President,
                                                            Kane County            Village of Sugar Grove,
                                                            Chronicle.             P.O. Box 49, Sugar Grove,
                                                                                   IL 60554.
    Lake..........................  Unincorporated areas   January 10, 2008;      The Honorable Suzi          April 17, 2008................      170357
                                     of Lake County (06-    January 17, 2008;      Schmidt, Chairman, Lake
                                     05-BR72P).             Lake County News-Sun.  County Board of
                                                                                   Commissioners, 18 North
                                                                                   County Street, Room 1001,
                                                                                   Waukegan, IL 60085.
    Lake..........................  City of Waukegan (06-  January 10, 2008;      The Honorable Richard H.    April 17, 2008................      170397
                                     05-BR72P).             January 17, 2008;      Hyde, Mayor, City of
                                                            Lake County News-Sun.  Waukegan, 100 North
                                                                                   Martin Luther King, Jr.
                                                                                   Avenue, Waukegan, IL
                                                                                   60085.
    McHenry.......................  Village of Fox River   January 10, 2008;      The Honorable Katherine A.  April 17, 2008................      170477
                                     Grove (07-05-5055P).   January 17, 2008;      Laube, President, Village
                                                            Northwest Herald.      of Fox River Grove, 305
                                                                                   Illinois Street, Fox
                                                                                   River Grove, IL 60021.
    Morgan........................  City of Jacksonville   January 10, 2008;      The Honorable Ron Tendick,  December 12, 2007.............      170516
                                     (07-05-0512P).         January 17, 2008;      Mayor, City of
                                                            Jacksonville Journal-  Jacksonville, 200 West
                                                            Courier.               Douglas Avenue,
                                                                                   Jacksonville, IL 62650.
    Will..........................  Village of Plainfield  January 3, 2008;       The Honorable James A.      December 11, 2007.............      170771
                                     (07-05-5056P).         January 10, 2008;      Waldorf, President,
                                                            Herald News.           Village of Plainfield,
                                                                                   24401 West Lockport
                                                                                   Street, Plainfield, IL
                                                                                   60544.
Indiana: Miami....................  City of Peru (08-05-   December 13, 2007;     The Honorable James R.      December 31, 2007.............      180168
                                     0338P).                December 20, 2007;     Walker, Mayor, City of
                                                            Peru Tribune.          Peru, 35 South Broadway,
                                                                                   Peru, IN 46970.
Iowa: Clive and Polk..............  City of Clive (07-07-  January 18, 2008;      The Honorable Les Aasheim,  April 25, 2008................      190488
                                     1800P).                January 25, 2008;      Mayor, City of Clive,
                                                            The Des Moines         1900 Northwest 114th
                                                            Register.              Street, Clive, IA 50325.
Massachusetts: Worcester..........  Town of Southborough   January 18, 2008;      The Honorable Bonnie J.     January 31, 2008..............      250333
                                     (07-01-0993P).         January 25, 2008;      Phaneuf, Chair, Board of
                                                            Northborough-          Selectmen, Southborough
                                                            Southborough           Town House, 17 Common
                                                            Villager.              Street, Southborough, MA
                                                                                   01772.
North Dakota:
    Burleigh......................  City of Bismarck (07-  January 10, 2008;      The Honorable John          April 17, 2008................      380149
                                     08-0142A).             January 17, 2008;      Warford, Mayor, City of
                                                            Bismarck Tribune.      Bismarck, P.O. Box 5503,
                                                                                   Bismarck, ND 58506-5503.
    Burleigh......................  Unincorporated areas   January 10, 2008;      The Honorable Marlan        April 17, 2008................      380017
                                     of Burleigh County     January 17, 2008;      Haakenson, Chairman,
                                     (07-08-0142A).         Bismarck Tribune.      Burleigh County
                                                                                   Commission, 115 South
                                                                                   Griffin Street, Bismarck,
                                                                                   ND 58504-5309.
Oregon: Clackamas, Multnomah,       City of Portland (07-  January 9, 2008;       The Honorable Tom Potter,   January 28, 2008..............      410183
 Washington.                         10-0004P).             January 16, 2008;      Mayor, City of Portland,
                                                            The Gresham Outlook.   1221 Southwest Fourth
                                                                                   Avenue, Suite 340,
                                                                                   Portland, OR 97204.
Pennsylvania:
    Lehigh........................  Township of Salisbury  January 3, 2008;       The Honorable Larry Unger,  April 10, 2008................      420591
                                     (07-03-0947P).         January 10, 2008;      President, Township of
                                                            Express-Times.         Salisbury, 2900 South
                                                                                   Pike Avenue, Allentown,
                                                                                   PA 18103.
    Northampton...................  Township of Lower      January 3, 2008;       The Honorable Charles       April 10, 2008................      420724
                                     Mount Bethel (07-03-   January 10, 2008;      Palmeri, Chairman, Lower
                                     1293P).                Express-Times.         Mount Bethel Board of
                                                                                   Supervisors, P.O. Box
                                                                                   257, Martins Creek, PA
                                                                                   18063.
South Carolina:
    Charleston....................  City of Folly Beach    January 3, 2008;       The Honorable Carl B.       December 18, 2007.............      455415
                                     (08-04-0583P).         January 10, 2008;      Beckmann, Jr., Mayor,
                                                            The Post and Courier.  City of Folly Beach, P.O.
                                                                                   Box 48, Folly Beach, SC
                                                                                   29439.
    Greenville....................  Greenville County (07- January 10, 2008;      The Honorable Herman G.     April 17, 2008................      450089
                                     04-5799P).             January 17, 2008;      Kirven, Jr., Chairman,
                                                            The Greenville News.   Greenville County
                                                                                   Council, 301 University
                                                                                   Ridge, Suite 2400,
                                                                                   Greenville, SC 29601.
    Lexington.....................  Lexington County (07-  December 6, 2007;      The Honorable William C.    March 13, 2008................      450129
                                     04-5473P).             December 13, 2007;     ``Billy'' Derrick,
                                                            Lexington County       Chairman, Lexington
                                                            Chronicle.             County Council, 212 South
                                                                                   Lake Drive, Lexington, SC
                                                                                   29072.

[[Page 20810]]

 
    Sumter........................  Unincorporated areas   January 10, 2008;      The Honorable Vivian        April 17, 2008................      450182
                                     of Sumter County (07-  January 17, 2008;      Fleming-McGhaney, Chair,
                                     04-6293P).             Sumter Item.           Sumter County Council, 13
                                                                                   East Canal Street,
                                                                                   Sumter, SC 29150.
Tennessee: Hamilton...............  City of Chattanooga    January 10, 2008;      The Honorable Ron           April 17, 2008................      470072
                                     (07-04-4405P).         January 17, 2008;      Littlefield, Mayor, City
                                                            Chattanooga Times      of Chattanooga, 101 East
                                                            Free Press.            11th Street, Suite 100,
                                                                                   Chattanooga, TN 37402.
Texas:
    Collin........................  City of Allen (07-06-  January 10, 2008;      The Honorable Stephen       April 17, 2008................      480131
                                     2412P).                January 17, 2008;      Terrell, Mayor, City of
                                                            The Allen American.    Allen, 305 Century
                                                                                   Parkway, Allen, TX 75013.
    Collin........................  City of Celina (08-06- January 3, 2008;       The Honorable Corbett       December 26, 2007.............      480133
                                     0373P).                January 10, 2008;      Howard, Mayor, City of
                                                            The Celina Record.     Celina, 302 West Walnut
                                                                                   Street, Celina, TX 75009.
    Dallas........................  City of Dallas (06-06- January 31, 2008;      The Honorable Tom Leppert,  May 8, 2008...................      480171
                                     BF24P).                February 7, 2008;      Mayor, City of Dallas,
                                                            The Mesquite News.     1500 Marilla Street, Room
                                                                                   5EN, Dallas, TX 75201.
    Dallas........................  Town of Sunnyvale (06- January 31, 2008;      The Honorable Jim Phaup,    May 8, 2008...................      480188
                                     06-BF24P).             February 7, 2008;      Mayor, Town of Sunnyvale,
                                                            The Mesquite News.     127 North Collins Road,
                                                                                   Sunnyvale, TX 75182.
    Fort Bend.....................  City of Katy (07-06-   January 3, 2008;       The Honorable Don Elder     December 14, 2007.............      480301
                                     2143P).                January 10, 2008;      Jr., Mayor, City of Katy,
                                                            Fort Bend Herald.      P.O. Box 617, Katy, TX
                                                                                   77492.
    Kaufman.......................  City of Terrell (07-   January 10, 2008;      The Honorable Hal           December 31, 2007.............      480416
                                     06-1906P).             January 17, 2008;      Richards, Mayor, City of
                                                            The Terrell Tribune.   Terrell, P.O. Box 310,
                                                                                   Terrell, TX 75160.
    Kaufman.......................  Unincorporated areas   January 31, 2008;      The Honorable Wayne Gent,   May 8, 2008...................      480411
                                     of Kaufman County      February 7, 2008;      Kaufman County Judge, 100
                                     (06-06-BF24P).         The Mesquite News.     West Mulberry Street,
                                                                                   Kaufman, TX 75142.
    Montgomery....................  Unincorporated areas   January 9, 2008;       The Honorable Alan B.       April 9, 2008.................      480483
                                     of Montgomery County   January 16, 2008;      Sadler, Montgomery County
                                     (06-06-B643P).         The Montgomery         Judge, 301 North Thompson
                                                            County News.           Street, Suite 210,
                                                                                   Conroe, TX 77301.
    Travis........................  Unincorporated areas   January 10, 2008;      The Honorable Samuel T.     April 17, 2008................      481026
                                     of Travis County (07-  January 17, 2008;      Biscoe, Travis County
                                     06-02514P).            Austin American-       Judge, P.O. Box 1748,
                                                            Statesman.             Austin, TX 78767.
    Williamson....................  Town of Hutto (07-06-  January 10, 2008;      The Honorable Kenneth L.    April 17, 2008................      481047
                                     0731P).                January 17, 2008;      Love, Mayor, Town of
                                                            Round Rock Leader.     Hutto, 401 West Front
                                                                                   Street, Hutto, TX 78634.
Washington: Whatcom...............  Unincorporated areas   January 3, 2008;       The Honorable Pete Kremen,  December 17, 2007.............      530198
                                     of Whatcom County      January 10, 2008;      Whatcom County Executive,
                                     (07-10-0356P).         The Bellingham         County Courthouse, 311
                                                            Herald.                Grand Avenue, Suite 108,
                                                                                   Bellingham, WA 98225.
--------------------------------------------------------------------------------------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')

    Dated: March 31, 2008.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance 
Program, Department of Homeland Security, Federal Emergency Management 
Agency.
 [FR Doc. E8-8325 Filed 4-16-08; 8:45 am]
BILLING CODE 9110-12-P