Changes in Flood Elevation Determinations, 65777-65778 [E8-26305]

Download as PDF 65777 Federal Register / Vol. 73, No. 215 / Wednesday, November 5, 2008 / Rules and Regulations Code for reading third column: Emerg. —Emergency; Reg. —Regular; Susp. —Suspension. Dated: October 28, 2008. Michael K. Buckley, Acting Assistant Administrator Mitigation Directorate Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E8–26291 Filed 11–4–08; 8:45 am] BILLING CODE 9110–12–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 65 [Docket No. FEMA–B–1015] 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 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 State and county California: Fresno .............. hsrobinson on PROD1PC76 with RULES Sacramento ...... Colorado: Douglas ............ VerDate Aug<31>2005 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 changes BFEs are in accordance with 44 CFR 65.4. National Environmental Policy Act. This interim rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared. Regulatory Flexibility Act. As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601–612, a regulatory flexibility analysis is not required. Regulatory Classification. This interim rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. Executive Order 13132, Federalism. This interim rule involves no policies that have federalism implications under Executive Order 13132, Federalism. Executive Order 12988, Civil Justice Reform. This interim rule meets the applicable standards of Executive Order 12988. List of Subjects in 44 CFR Part 65 Flood insurance, Floodplains, Reporting and recordkeeping requirements. ■ Accordingly, 44 CFR part 65 is amended to read as follows: PART 65—[AMENDED] 1. The authority citation for part 65 continues to read as follows: ■ Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. § 65.4 [Amended] 2. The tables published under the authority of § 65.4 are amended as follows: ■ 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 Fresno County, (07–09– 1791P). City of Folsom, (07– 09–1657P). August 26, 2008; September 2, 2008; The Fresno Bee. The Honorable Henry Perea, Chairman, Fresno County Board of Supervisors, 2281 Tulare Street, Room 300, Fresno, CA 93721. The Honorable Eric King, Mayor, City of Folsom, 50 Natoma Street, Folsom, CA 95630. June 16, 2008 ................ 065029. January 15, 2009 ........... 060263. Unincorporated areas of Douglas County, (08–08– 0334P). September 4, 2008; September 11, 2008; Douglas County News-Press. The Honorable Melanie A. Worley, Chair, Douglas County Board of Commissioners, 100 Third Street, Castle Rock, CO 80104. January 9, 2009 ............. 080049. 16:01 Nov 04, 2008 September 17, 2008; September 24, 2008; The Folsom Telegraph. Jkt 217001 PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 E:\FR\FM\05NOR1.SGM 05NOR1 Community No. 65778 Federal Register / Vol. 73, No. 215 / Wednesday, November 5, 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 Douglas County, (08–08– 0607P). Town of Parker, (08– 08–0334P). September 4, 2008; September 11, 2008; Douglas County News-Press. The Honorable Melanie A. Worley, Chairman, Douglas County Board of Commissioners, 100 Third Street, Castle Rock, CO 80104. The Honorable David Casiano, Mayor, Town of Parker, 20120 East Main Street, Parker, CO 80138-7334. The Honorable Steve Pannell, Mayor, City of Park City, 3420 Kehm Boulevard, Park City, IL 60085. The Honorable Gerald Gamage, First Selectman, Town of Southport, P.O. Box 149, Southport, ME 04576. The Honorable George Thompson, Chairman, Town of Westborough Board of Selectmen, 34 West Main Street, Westborough, MA 01581. The Honorable Rory Reid, Chair, Clark County Board of Commissioners, 500 South Grand Central Parkway, Las Vegas, NV 89106. August 21, 2008 ............. 080049. January 9, 2009 ............. 080310. February 2, 2009 ............ 170386. August 26, 2008 ............. 230221. September 26, 2008 ....... 250344. October 14, 2008 ........... 320003. The Honorable Mary Jo Kilroy, Commissioner, Franklin County, 373 South High Street, 26th Floor, Columbus, OH 43215. The Honorable Donald J. Schonhardt, Mayor, City of Hilliard, 3800 Municipal Way, Hilliard, OH 43026. The Honorable William T. Noonan, Sumter County Administrator, 13 East Canal Street, Sumter, SC 29150. August 4, 2008 ............... 390167. August 4, 2008 ............... 390175. January 15, 2009 ........... 450182. The Honorable Phil Hardberger, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283. The Honorable Alan B. Sadler, Montgomery County Judge, 301 North Thompson Street, Suite 210, Conroe, TX 77301. The Honorable Howard Kravetz, Mayor, City of Panorama Village, 98 Hiwon Drive, Panorama Village, TX 77304. June 19, 2008 ................ 480045. January 28, 2009 ........... 480483. January 28, 2009 ........... 481263. State and county Douglas ............ Douglas ............ September 4, 2008; September 11, 2008; Douglas County News-Press. September 26, 2008; October 2, 2008; Lake County NewsSun. September 18, 2008; September 25, 2008; Boothbay Register. September 16, 2008; September 23, 2008; Worcester Telegram & Gazette. Illinois: Lake ............. City of Park City, (08–05–3860P). Maine: Lincoln ......... Town of Southport, (08–01–0451P). Massachusetts: Worcester. Town of Westborough, (08–01–0865P). Nevada: Clark .......... Unincorporated areas of Clark County, (07–09– 0831P). September 23, 2008; September 30, 2008; Las Vegas Review-Journal. Unincorporated areas of Franklin County, (08–05– 0337P). City of Hilliard, (08– 05–0337P). August 20, 2008; August 27, 2008; Hilliard News. Unincorporated areas of Sumter County, (08–04– 5092P). September 10, 2008; September 17, 2008; The Item. City of San Antonio, (07–06–0824P). June 26, 2008; July 3, 2008; San Antonio Express News. Unincorporated areas of Montgomery County (07–06–0641P). City of Panorama Village (07–06– 0641P). September 23, 2008; September 30, 2008; Conroe Courier. Ohio: Franklin ............. Franklin ............. South Carolina: Sumter. Texas: Bexar ................ Montgomery ..... Montgomery ..... August 20, 2008; August 27, 2008; Hilliard News. September 23, 2008; September 30, 2008; Conroe Courier. (Catalog of Federal Domestic Assistance No. 97.022, ‘‘Flood Insurance.’’) Dated: October 27, 2008. Michael K. Buckley, Acting Assistant Administrator, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E8-26305 Filed 11-4-08; 8:45 am] BILLING CODE 9110-12-P communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that 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). Federal Emergency Management Agency 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. 44 CFR Part 67 ADDRESSES: DATES: DEPARTMENT OF HOMELAND SECURITY Final Flood Elevation Determinations Federal Emergency Management Agency, DHS. ACTION: Final rule. hsrobinson on PROD1PC76 with RULES AGENCY: FOR FURTHER INFORMATION CONTACT: Base (1% annual chance) Flood Elevations (BFEs) and modified BFEs are made final for the SUMMARY: VerDate Aug<31>2005 16:01 Nov 04, 2008 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. Jkt 217001 William R. Blanton, Jr., Engineering Management Branch, Mitigation Directorate, Federal Emergency PO 00000 Frm 00064 Fmt 4700 Sfmt 4700 Community No. 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 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 E:\FR\FM\05NOR1.SGM 05NOR1

Agencies

[Federal Register Volume 73, Number 215 (Wednesday, November 5, 2008)]
[Rules and Regulations]
[Pages 65777-65778]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-26305]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket No. FEMA-B-1015]


Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Interim rule.

-----------------------------------------------------------------------

SUMMARY: This interim rule lists communities where modification of the 
Base (1% annual-chance) Flood Elevations (BFEs) is appropriate because 
of new scientific or technical data. New flood insurance premium rates 
will be calculated from the modified BFEs for new buildings and their 
contents.

DATES: These modified BFEs are currently in effect on the dates listed 
in the table below and revise the Flood Insurance Rate Maps (FIRMs) in 
effect prior to this determination for the listed communities.
    From the date of the second publication of these changes in a 
newspaper of local circulation, any person has ninety (90) days in 
which to request through the community that the Mitigation Assistant 
Administrator of FEMA reconsider the changes. The modified BFEs may be 
changed during the 90-day period.

ADDRESSES: The modified BFEs for each community are available for 
inspection at the office of the Chief Executive Officer of each 
community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Engineering 
Management Branch, Mitigation Directorate, Federal Emergency Management 
Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3151.

SUPPLEMENTARY INFORMATION: The modified BFEs are not listed for each 
community in this interim rule. However, the address of the Chief 
Executive Officer of the community where the modified BFE 
determinations are available for inspection is provided.
    Any request for reconsideration must be based on knowledge of 
changed conditions or new scientific or technical data.
    The modifications are made pursuant to section 201 of the Flood 
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance 
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq., 
and with 44 CFR part 65.
    For rating purposes, the currently effective community number is 
shown and must be used for all new policies and renewals.
    The modified BFEs are the basis for the floodplain management 
measures that the community is required to either adopt or to show 
evidence of being already in effect in order to qualify or to remain 
qualified for participation in the National Flood Insurance Program 
(NFIP).
    These modified BFEs, together with the floodplain management 
criteria required by 44 CFR 60.3, are the minimum that are required. 
They should not be construed to mean that the community must change any 
existing ordinances that are more stringent in their floodplain 
management requirements. The community may at any time enact stricter 
requirements of its own, or pursuant to policies established by the 
other Federal, State, or regional entities. The changes BFEs are in 
accordance with 44 CFR 65.4.
    National Environmental Policy Act. This interim rule is 
categorically excluded from the requirements of 44 CFR part 10, 
Environmental Consideration. An environmental impact assessment has not 
been prepared.
    Regulatory Flexibility Act. As flood elevation determinations are 
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Regulatory Classification. This interim rule is not a significant 
regulatory action under the criteria of section 3(f) of Executive Order 
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 
51735.
    Executive Order 13132, Federalism. This interim rule involves no 
policies that have federalism implications under Executive Order 13132, 
Federalism.
    Executive Order 12988, Civil Justice Reform. This interim rule 
meets the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 65

    Flood insurance, Floodplains, Reporting and recordkeeping 
requirements.

0
Accordingly, 44 CFR part 65 is amended to read as follows:

PART 65--[AMENDED]

0
1. The authority citation for part 65 continues to read as follows:

    Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 
1979 Comp., p. 376.


Sec.  65.4   [Amended]

0
2. The tables published under the authority of Sec.  65.4 are amended 
as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Date and name of
         State and county           Location and case No.     newspaper where     Chief executive officer   Effective date of  modification   Community
                                                           notice was published         of community                                             No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
California:
    Fresno........................  Unincorporated areas   August 26, 2008;      The Honorable Henry        June 16, 2008..................      065029.
                                     of Fresno County,      September 2, 2008;    Perea, Chairman, Fresno
                                     (07-09-1791P).         The Fresno Bee.       County Board of
                                                                                  Supervisors, 2281 Tulare
                                                                                  Street, Room 300,
                                                                                  Fresno, CA 93721.
    Sacramento....................  City of Folsom, (07-   September 17, 2008;   The Honorable Eric King,   January 15, 2009...............      060263.
                                     09-1657P).             September 24, 2008;   Mayor, City of Folsom,
                                                            The Folsom            50 Natoma Street,
                                                            Telegraph.            Folsom, CA 95630.
Colorado:
    Douglas.......................  Unincorporated areas   September 4, 2008;    The Honorable Melanie A.   January 9, 2009................      080049.
                                     of Douglas County,     September 11, 2008;   Worley, Chair, Douglas
                                     (08-08-0334P).         Douglas County News-  County Board of
                                                            Press.                Commissioners, 100 Third
                                                                                  Street, Castle Rock, CO
                                                                                  80104.

[[Page 65778]]

 
    Douglas.......................  Unincorporated areas   September 4, 2008;    The Honorable Melanie A.   August 21, 2008................      080049.
                                     of Douglas County,     September 11, 2008;   Worley, Chairman,
                                     (08-08-0607P).         Douglas County News-  Douglas County Board of
                                                            Press.                Commissioners, 100 Third
                                                                                  Street, Castle Rock, CO
                                                                                  80104.
    Douglas.......................  Town of Parker, (08-   September 4, 2008;    The Honorable David        January 9, 2009................      080310.
                                     08-0334P).             September 11, 2008;   Casiano, Mayor, Town of
                                                            Douglas County News-  Parker, 20120 East Main
                                                            Press.                Street, Parker, CO 80138-
                                                                                  7334.
Illinois: Lake....................  City of Park City,     September 26, 2008;   The Honorable Steve        February 2, 2009...............      170386.
                                     (08-05-3860P).         October 2, 2008;      Pannell, Mayor, City of
                                                            Lake County News-     Park City, 3420 Kehm
                                                            Sun.                  Boulevard, Park City, IL
                                                                                  60085.
Maine: Lincoln....................  Town of Southport,     September 18, 2008;   The Honorable Gerald       August 26, 2008................      230221.
                                     (08-01-0451P).         September 25, 2008;   Gamage, First Selectman,
                                                            Boothbay Register.    Town of Southport, P.O.
                                                                                  Box 149, Southport, ME
                                                                                  04576.
Massachusetts: Worcester..........  Town of Westborough,   September 16, 2008;   The Honorable George       September 26, 2008.............      250344.
                                     (08-01-0865P).         September 23, 2008;   Thompson, Chairman, Town
                                                            Worcester Telegram    of Westborough Board of
                                                            & Gazette.            Selectmen, 34 West Main
                                                                                  Street, Westborough, MA
                                                                                  01581.
Nevada: Clark.....................  Unincorporated areas   September 23, 2008;   The Honorable Rory Reid,   October 14, 2008...............      320003.
                                     of Clark County, (07-  September 30, 2008;   Chair, Clark County
                                     09-0831P).             Las Vegas Review-     Board of Commissioners,
                                                            Journal.              500 South Grand Central
                                                                                  Parkway, Las Vegas, NV
                                                                                  89106.
Ohio:
    Franklin......................  Unincorporated areas   August 20, 2008;      The Honorable Mary Jo      August 4, 2008.................      390167.
                                     of Franklin County,    August 27, 2008;      Kilroy, Commissioner,
                                     (08-05-0337P).         Hilliard News.        Franklin County, 373
                                                                                  South High Street, 26th
                                                                                  Floor, Columbus, OH
                                                                                  43215.
    Franklin......................  City of Hilliard, (08- August 20, 2008;      The Honorable Donald J.    August 4, 2008.................      390175.
                                     05-0337P).             August 27, 2008;      Schonhardt, Mayor, City
                                                            Hilliard News.        of Hilliard, 3800
                                                                                  Municipal Way, Hilliard,
                                                                                  OH 43026.
South Carolina: Sumter............  Unincorporated areas   September 10, 2008;   The Honorable William T.   January 15, 2009...............      450182.
                                     of Sumter County,      September 17, 2008;   Noonan, Sumter County
                                     (08-04-5092P).         The Item.             Administrator, 13 East
                                                                                  Canal Street, Sumter, SC
                                                                                  29150.
Texas:
    Bexar.........................  City of San Antonio,   June 26, 2008; July   The Honorable Phil         June 19, 2008..................      480045.
                                     (07-06-0824P).         3, 2008; San          Hardberger, Mayor, City
                                                            Antonio Express       of San Antonio, P.O. Box
                                                            News.                 839966, San Antonio, TX
                                                                                  78283.
    Montgomery....................  Unincorporated areas   September 23, 2008;   The Honorable Alan B.      January 28, 2009...............      480483.
                                     of Montgomery County   September 30, 2008;   Sadler, Montgomery
                                     (07-06-0641P).         Conroe Courier.       County Judge, 301 North
                                                                                  Thompson Street, Suite
                                                                                  210, Conroe, TX 77301.
    Montgomery....................  City of Panorama       September 23, 2008;   The Honorable Howard       January 28, 2009...............      481263.
                                     Village (07-06-        September 30, 2008;   Kravetz, Mayor, City of
                                     0641P).                Conroe Courier.       Panorama Village, 98
                                                                                  Hiwon Drive, Panorama
                                                                                  Village, TX 77304.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

    Dated: October 27, 2008.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of 
Homeland Security, Federal Emergency Management Agency.
[FR Doc. E8-26305 Filed 11-4-08; 8:45 am]
BILLING CODE 9110-12-P