Changes in Flood Elevation Determinations, 69564-69567 [E8-27492]

Download as PDF 69564 Federal Register / Vol. 73, No. 224 / Wednesday, November 19, 2008 / Rules and Regulations cprice-sewell on PROD1PC64 with RULES Since tolerances and exemptions that are established on the basis of a petition under section 408(d) of FFDCA, such as the tolerance in this final rule, do not require the issuance of a proposed rule, the requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.) do not apply. This final rule directly regulates growers, food processors, food handlers, and food retailers, not States or tribes, nor does this action alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of section 408(n)(4) of FFDCA. As such, the Agency has determined that this action will not have a substantial direct effect on States or tribal governments, on the relationship between the national government and the States or tribal governments, or on the distribution of power and responsibilities among the various levels of government or between the Federal Government and Indian tribes. Thus, the Agency has determined that Executive Order 13132, entitled Federalism (64 FR 43255, August 10, 1999) and Executive Order 13175, entitled Consultation and Coordination with Indian Tribal Governments (65 FR 67249, November 9, 2000) do not apply to this final rule. In addition, this final rule does not impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104–4). This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 104–113, section 12(d) (15 U.S.C. 272 note). X. Congressional Review Act The Congressional Review Act, 5 U.S.C. 801 et seq., generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report 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 this final rule in the Federal Register. This final rule is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Part 180 Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides VerDate Aug<31>2005 14:43 Nov 18, 2008 Jkt 217001 and pests, Reporting and recordkeeping requirements. Dated: November 11, 2008. Debra Edwards, Director, Office of Pesticide Programs. Therefore, 40 CFR chapter I is amended as follows: ■ PART 180—[AMENDED] 1. The authority citation for part 180 continues to read as follows: ■ Authority: 21 U.S.C. 321(q), 346a and 371. 2. Section 180.1285 is added to subpart D to read as follows: ■ § 180.1285 Polyoxin D zinc salt; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for the residues of the biochemical pesticide polyoxin D zinc when used as a fungicide on almonds, cucurbit vegetables, fruiting vegetables, ginseng, grapes, pistachios, pome fruits, potatoes and strawberries. [FR Doc. E8–27485 Filed 11–18–08; 8:45 am] BILLING CODE 6560–50–S DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 65 [Docket No. FEMA–B–1019] 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 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 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 E:\FR\FM\19NOR1.SGM 19NOR1 Federal Register / Vol. 73, No. 224 / Wednesday, November 19, 2008 / Rules and Regulations 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. Alabama: Tuscaloosa. Arizona: Maricopa ........... Maricopa ........... Maricopa ........... Maricopa ........... California: San Luis Obispo. Colorado: Douglas ............ Douglas ............ El Paso ............. Connecticut: Fairfield Delaware: Kent ........ Florida: Polk ............ Georgia: Columbia .. Illinois: Cook ................. Cook ................. cprice-sewell on PROD1PC64 with RULES 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: ■ Cook ................. Cook ................. 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 Tuscaloosa County (08– 04–3997P). State and county VerDate Aug<31>2005 Executive Order 12988, Civil Justice Reform. This interim rule meets the applicable standards of Executive Order 12988. 69565 October 15, 2008; October 22, 2008; The Northport Gazette. The Honorable W. Hardy McCollum, Tuscaloosa County Probate Judge, 714 Greensboro Avenue, Tuscaloosa, AL 35401. February 19, 2009 .......... 010201 City of El Mirage (08–09–1516P). October 2008; zette. October 2008; zette. The Honorable Fred Waterman, Mayor, City of El Mirage, P.O. Box 26, El Mirage, AZ 85335. The Honorable Andrew W. Kunasek, Chairman, Maricopa County Board of Supervisors, 301 West Jefferson Street, 10th Floor, Phoenix, AZ 85003. The Honorable Phil Gordon, Mayor, City of Phoenix, 200 West Washington Street, 11th Floor, Phoenix, AZ 85003– 1611. The Honorable Lyn Truitt, Mayor, City of Surprise, 12425 West Bell Road, Surprise, AZ 85374. The Honorable Tom O’Malley, Mayor, City of Atascadero, 6907 El Camino Real, Atascadero, CA 93422. February 20, 2009 .......... 040041 February 20, 2009 .......... 040037 April 3, 2008 ................... 040051 February 20, 2009 .......... 040053 October 6, 2008 ............. 060700 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 Dennis Hisey, Chairman, El Paso County Board of Commissioners, 27 East Vermijo Avenue, Colorado Springs, CO 80903–2208. The Honorable Dannel P. Malloy, Mayor, City of Stamford, 888 Washington Boulevard, Stamford, CT 06904. The Honorable P. Brooks Banta, President, Board of Commissioners, 555 Bay Road, Dover, DE 19901. February 6, 2009 ............ 080049 February 6, 2009 ............ 080310 September 24, 2008 ....... 080059 May 30, 2008 ................. 090015 February 23, 2009 .......... 100001 The Honorable Ralph L. Fletcher, Mayor, City of Lakeland, 228 South Massachusetts Avenue, Lakeland, FL 33801. The Honorable Ron C. Cross, Chairman, Columbia County Board of Commissioners, P.O. Box 498, Evans, GA 30809. February 16, 2009 .......... 120267 February 23, 2009 .......... 130059 The Honorable Robert G. Abboud, President, Village of Barrington Hills, 112 Algonquin Road, Barrington Hills, IL 60010. The Honorable Todd H. Stroger, President, Cook County Board of Commissioners, 118 North Clark Street, Room 537, Chicago, IL 60602. The Honorable Saul L. Beck, Mayor, Village of Ford Heights, 1343 Ellis Avenue, Ford Heights, IL 60411. The Honorable Roger G. Peckham, Mayor, Village of Sauk Village, 21701 Torrence Avenue, Sauk Village, IL 60411. April 30, 2008 ................. 170058 November 7, 2008 .......... 170054 November 7, 2008 .......... 170084 November 7, 2008 .......... 170157 Unincorporated areas of Maricopa County (08–09– 1516P). City of Phoenix (06– 09–B582P). City of Surprise (08– 09–1516P). City of Atascadero (08–09–0724P). Unincorporated areas of Douglas County (08–08– 0553P). Town of Parker (08– 08–0553P). Unincorporated areas of El Paso County (08–08– 0630P). City of Stamford (08–01–0709P). 16, 2008; October 23, Arizona Business Ga16, 2008; October 23, Arizona Business Ga- December 27, 2007; January 3, 2008; Arizona Business Gazette. October 16, 2008; October 23, 2008; Arizona Business Gazette. October 22, 2008; October 29, 2008; Atascadero News. October 2, 2008; October 9, 2008; Douglas County NewsPress. October 2, 2008; October 9, 2008; Douglas County NewsPress. October 8, 2008; October 15, 2008; El Paso County Advertiser. June 20, 2008; June 27, 2008; The Advocate. Unincorporated areas of Kent County (08–03– 1557P). City of Lakeland (08–04–5418P). October 17, 2008; October 24, 2008; The News Journal. Unincorporated areas of Columbia County (08–04– 3896P). October 19, 2008; October 26, 2008; The Columbia County News Times. Village of Barrington Hills (08–05– 2649P). May 22, 2008; May 29, 2008; Barrington Courier Review. Unincorporated areas of Cook County (08–05– 2074P). Village of Ford Heights (08–05– 2074P). Village of Sauk Village (08–05– 2074P). October 14, 2008; October 21, 2008; Southtown Star. 14:43 Nov 18, 2008 October 10, 2008; October 17, 2008; The Ledger. October 14, 2008; October 21, 2008; Southtown Star. October 14, 2008; October 21, 2008; Southtown Star. Jkt 217001 PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 E:\FR\FM\19NOR1.SGM 19NOR1 Community No. 69566 Federal Register / Vol. 73, No. 224 / Wednesday, November 19, 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 Village of Bensenville (08– 05–0178P). Village of Elk Grove (08–05–0178P). October 15, 2008; October 22, 2008; Daily Herald. September 29, 2008 ....... 170200 September 29, 2008 ....... 170088 Maine: Waldo .......... Town of Lincolnville (08–01–0911P). August 29, 2008 ............. 230172 Mississippi: Madison Unincorporated areas of Madison County (07–04– 5199P). Unincorporated areas of Platte County (08–07– 1586P). September 18, 2008; September 25, 2008; The Republican Journal. August 14, 2008; August 21, 2008; Madison County Journal. The Honorable John C. Geils, President, Village of Bensenville, 12 South Center Street, Bensenville, IL 60106. The Honorable Craig B. Johnson, Mayor, Village of Elk Grove, 901 Wellington Avenue, Elk Grove Village, IL 60007. The Honorable Rosendel Gerry, Selectman, Town of Lincolnville, 493 Hope Road, Lincolnville, ME 04849. The Honorable Timothy L. Johnson, President, Madison County Board of Supervisors, P.O. Box 608, Canton, MS 39046. Mr. Tom Pryor, First District Commissioner, Platte County, Platte County Administrative Building, 415 Third Street, Suite 105, Platte City, MO 64079. December 22, 2008 ........ 280228 February 19, 2009 .......... 290475 The Honorable Rory Reid, Chair, Clark County Board of Commissioners, 500 South Grand Central Parkway, Las Vegas, NV 89106. The Honorable Rory Reid, Chair, Clark County Board of Commissioners, 500 South Grand Central Parkway, Las Vegas, NV 89106. The Honorable Duane Moore, Councilman, Town of Seneca Falls, 32 State Street, Seneca Falls, NY 13148. The Honorable Shane Patterson, Chairman, Board of Supervisors, Dover Township, 2480 West Canal Road, Dover, PA 17315. The Honorable Joseph McEachern, Chairman, Richland County Council, Richland County Administrative Building, 2020 Hampton Street, Second Floor, Columbia, SC 29202. September 26, 2008 ....... 320003 September 30, 2008 ....... 320003 April 2, 2009 ................... 360756 September 30, 2008 ....... 420920 February 16, 2009 .......... 450170 The Honorable Joe Reagan, Mayor, City of Brentwood, P. O. Box 788, Brentwood, TN 37024. The Honorable Rogers C. Anderson, Mayor, Williamson County, 1320 West Main Street, Suite 125, Franklin, TN 37064. February 20, 2009 .......... 470205 February 20, 2009 .......... 470204 The Honorable Terry Orr, Mayor, City of Bastrop, P.O. Box 427, Bastrop, TX 78602. The Honorable Ronnie McDonald, Bastrop County Judge, 804 Pecan Street, Bastrop, TX 78602. November 13, 2008 ........ 480022 November 13, 2008 ........ 481193 The Honorable Phil Hardberger, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283. The Honorable Mike Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102. The Honorable Pat McGrail, Mayor, City of Keller, P.O. Box 770, Keller, TX 76244. The Honorable Joan F. Foster, 900 Church Street, Lynchburg, VA 24504. Mr. Kim Wilde, Village Administrator, Village of Waunakee, 500 West Main Street, Waunakee, WI 53597. September 24, 2008 ....... 480045 February 13, 2009 .......... 480596 February 13, 2009 .......... 480602 November 21, 2008 ........ 510093 November 26, 2008 ........ 550093 State and county Dupage ............. Dupage ............. Missouri: Platte ........ Nevada: Clark ................. New York: Seneca .. Pennsylvania: York .. South Carolina: Richland. Tennessee: Williamson ........ Williamson ........ Texas: Bastrop ............. Bastrop ............. Bexar ................ Unincorporated areas of Clark County (08–09– 0253P). Unincorporated areas of Clark County (08–09– 0919P). Town of Seneca Falls (08–02– 1344P). Township of Dover (08–03–1498P). October 10, 2008; October 17, 2008; Las Vegas Review Journal. October 10, 2008; October 17, 2008; The State. City of Brentwood (08–04–2646P). October 16, 2008; October 23, 2008; The Tennessean. Unincorporated areas of Williamson County (08–04–2646P). October 16, 2008; October 23, 2008; The Tennessean. City of Bastrop (08– 06–0048P). July 9, 2008; July 16, 2008; Elgin Courier. Unincorporated areas of Bastrop County (08–06– 0048P). City of San Antonio (08–06–1356P). July 9, 2008; July 16, 2008; Elgin Courier. Tarrant .............. City of Fort Worth (08–06–2295P). Tarrant .............. City of Keller (08– 06–2436P). Virginia: Independent City. Wisconsin: Dane ..... cprice-sewell on PROD1PC64 with RULES October 15, 2008; October 22, 2008; The Landmark. Unincorporated areas of Richland County (08–04– 5022P). Clark ................. VerDate Aug<31>2005 October 15, 2008; October 22, 2008; Daily Herald. City of Lynchburg (08–03–0310P). Village of Waunakee (08–05–1363P). 14:43 Nov 18, 2008 October 10, 2008; October 17, 2008; Las Vegas Review Journal. October 9, 2008; October 16, 2008; Reveille Between the Lakes. October 10, 2008; October 17, 2008; York Daily Record. October 9, 2008; October 16, 2008; San Antonio Express News. October 9, 2008; October 16, 2008; Fort Worth Star Telegram. October 9, 2008; October 16, 2008; Fort Worth Star Telegram. July 18, 2008; July 25, 2008; The Lynchburg Ledger. August 14, 2008; August 21, 2008; Waunakee Tribune. Jkt 217001 PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 E:\FR\FM\19NOR1.SGM 19NOR1 Community No. Federal Register / Vol. 73, No. 224 / Wednesday, November 19, 2008 / Rules and Regulations (Catalog of Federal Domestic Assistance No. 97.022, ‘‘Flood Insurance.’’) Reduction Act that does not display a valid OMB Control Number. Dated: November 12, 2008. Michael K. Buckley, Acting Assistant Administrator, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E8–27492 Filed 11–18–08; 8:45 am] Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E8–27243 Filed 11–18–08; 8:45 am] BILLING CODE 6712–01–P BILLING CODE 9110–12–P DEPARTMENT OF TRANSPORTATION FEDERAL COMMUNICATIONS COMMISSION Federal Motor Carrier Safety Administration 47 CFR Part 76 49 CFR Parts 385 and 395 [CS Docket No. 97–80; FCC 98–116] [Docket No. FMCSA–2004–19608] Commercial Availability of Navigation Devices RIN–2126–AB14 Federal Communications Commission. ACTION: Final rule; announcement of effective date. cprice-sewell on PROD1PC64 with RULES AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Final rule. AGENCY: SUMMARY: In this document, the Commission announces that the Office of Management and Budget (OMB) approved the information collection 3060–0849 associated with Subpart P of Part 76. These revised rules will take effect as of the date of this notice. On July 15, 1998, the Commission published the summary document of the Report and Order, In the Matter of Commercial Availability of Navigation Devices, CS Docket No. 97–80; FCC 98– 116, at 63 FR 38089. DATES: Subpart B to part 76 was added on July 15, 2008 (63 FR 38094) with the effective date pending approval of information collection and reporting requirements by the Office of Management and Budget. This document announces the approval of those requirements effective November 19, 2008. FOR FURTHER INFORMATION CONTACT: For additional information, please contact Cathy Williams at Cathy.Williams@fcc.gov or on (202) 418–2819. SUPPLEMENTARY INFORMATION: This document announces that on October 15, 1998, OMB approved the information collection requirement(s) contained in Subpart P of Part 76 with the exception of section 76.1204 which became effective on July 1, 2000. The OMB Control Number is 3060–0849. Under 5 CFR 1320, an agency may not conduct or sponsor a collection of information unless it displays a current, valid OMB Control Number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork VerDate Aug<31>2005 14:43 Nov 18, 2008 Jkt 217001 Hours of Service of Drivers SUMMARY: FMCSA adopts as final the provisions of the Agency’s December 17, 2007, interim final rule concerning hours of service (HOS) for commercial motor vehicle (CMV) drivers. This final rule allows CMV drivers to continue to drive up to 11 hours within a 14-hour, non-extendable window from the start of the workday, following at least 10 consecutive hours off duty (11-hour rule). The rule also allows motor carriers and drivers to continue to restart calculations of the weekly onduty limits after the driver has at least 34 consecutive hours off duty (34-hour restart). DATES: Effective Date: This rule is effective January 19, 2009. Docket: For access to the docket to read background documents or comments received, go to http:// www.regulations.gov at any time or to the ground floor, room W12–140, U.S. Department of Transportation (DOT) Building, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m. e.t., Monday through Friday, except Federal holidays. Privacy Act: Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19476) or you may visit http:// docketsinfo.dot.gov. Mr. Thomas Yager, Chief, FMCSA Driver FOR FURTHER INFORMATION CONTACT: PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 69567 and Carrier Operations. Telephone (202) 366–4325 or E-mail MCPSD@dot.gov. SUPPLEMENTARY INFORMATION: Table of Contents A. Legal Basis for the Rulemaking B. Background C. Discussion of Rule D. Discussion of Comments 1. Statutory Duty 2. Comments on Safety 3. Comments on Driver Health 4. Approach to Research 5. Use of Data, Analysis, and Modeling E. Regulatory Analyses and Notices F. List of References G. Removal of Rescission Provision A. Legal Basis for the Rulemaking This rule is based on the authority of the Motor Carrier Act of 1935 and the Motor Carrier Safety Act of 1984. The Motor Carrier Act of 1935 provides that ‘‘The Secretary of Transportation may prescribe requirements for (1) qualifications and maximum hours of service of employees of, and safety of operation and equipment of, a motor carrier; and, (2) qualifications and maximum hours of service of employees of, and standards of equipment of, a motor private carrier, when needed to promote safety of operation’’ (Section 31502(b) of Title 49 of the United States Code (49 U.S.C.)). The HOS regulations adopted in this final rule concern the ‘‘maximum hours of service of employees of * * * a motor carrier’’ (49 U.S.C. 31502(b)(1)) and the ‘‘maximum hours of service of employees of * * * a motor private carrier’’ (49 U.S.C. 31502(b)(2)). The adoption and enforcement of such rules were specifically authorized by the Motor Carrier Act of 1935. This rule rests on that authority. The Motor Carrier Safety Act of 1984 provides concurrent authority to regulate drivers, motor carriers, and vehicle equipment. It requires the Secretary of Transportation to ‘‘prescribe regulations on commercial motor vehicle safety. The regulations shall prescribe minimum safety standards for commercial motor vehicles.’’ Although this authority is very broad, the 1984 Act also includes specific requirements: ‘‘At a minimum, the regulations shall ensure that (1) commercial motor vehicles are maintained, equipped, loaded, and operated safely; (2) the responsibilities imposed on operators of commercial motor vehicles do not impair their ability to operate the vehicles safely; (3) the physical condition of operators of commercial motor vehicles is adequate to enable them to operate the vehicles safely; and (4) the operation of commercial motor vehicles does not E:\FR\FM\19NOR1.SGM 19NOR1

Agencies

[Federal Register Volume 73, Number 224 (Wednesday, November 19, 2008)]
[Rules and Regulations]
[Pages 69564-69567]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-27492]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket No. FEMA-B-1019]


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

[[Page 69565]]

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]

    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.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama: Tuscaloosa...............  Unincorporated areas   October 15, 2008;     The Honorable W. Hardy     February 19, 2009..............       010201
                                     of Tuscaloosa County   October 22, 2008;     McCollum, Tuscaloosa
                                     (08-04-3997P).         The Northport         County Probate Judge,
                                                            Gazette.              714 Greensboro Avenue,
                                                                                  Tuscaloosa, AL 35401.
Arizona:
    Maricopa......................  City of El Mirage (08- October 16, 2008;     The Honorable Fred         February 20, 2009..............       040041
                                     09-1516P).             October 23, 2008;     Waterman, Mayor, City of
                                                            Arizona Business      El Mirage, P.O. Box 26,
                                                            Gazette.              El Mirage, AZ 85335.
    Maricopa......................  Unincorporated areas   October 16, 2008;     The Honorable Andrew W.    February 20, 2009..............       040037
                                     of Maricopa County     October 23, 2008;     Kunasek, Chairman,
                                     (08-09-1516P).         Arizona Business      Maricopa County Board of
                                                            Gazette.              Supervisors, 301 West
                                                                                  Jefferson Street, 10th
                                                                                  Floor, Phoenix, AZ 85003.
    Maricopa......................  City of Phoenix (06-   December 27, 2007;    The Honorable Phil         April 3, 2008..................       040051
                                     09-B582P).             January 3, 2008;      Gordon, Mayor, City of
                                                            Arizona Business      Phoenix, 200 West
                                                            Gazette.              Washington Street, 11th
                                                                                  Floor, Phoenix, AZ 85003-
                                                                                  1611.
    Maricopa......................  City of Surprise (08-  October 16, 2008;     The Honorable Lyn Truitt,  February 20, 2009..............       040053
                                     09-1516P).             October 23, 2008;     Mayor, City of Surprise,
                                                            Arizona Business      12425 West Bell Road,
                                                            Gazette.              Surprise, AZ 85374.
California: San Luis Obispo.......  City of Atascadero     October 22, 2008;     The Honorable Tom          October 6, 2008................       060700
                                     (08-09-0724P).         October 29, 2008;     O'Malley, Mayor, City of
                                                            Atascadero News.      Atascadero, 6907 El
                                                                                  Camino Real, Atascadero,
                                                                                  CA 93422.
Colorado:
    Douglas.......................  Unincorporated areas   October 2, 2008;      The Honorable Melanie A.   February 6, 2009...............       080049
                                     of Douglas County      October 9, 2008;      Worley, Chairman,
                                     (08-08-0553P).         Douglas County News-  Douglas County Board of
                                                            Press.                Commissioners, 100 Third
                                                                                  Street, Castle Rock, CO
                                                                                  80104.
    Douglas.......................  Town of Parker (08-08- October 2, 2008;      The Honorable David        February 6, 2009...............       080310
                                     0553P).                October 9, 2008;      Casiano, Mayor, Town of
                                                            Douglas County News-  Parker, 20120 East Main
                                                            Press.                Street, Parker, CO 80138-
                                                                                  7334.
    El Paso.......................  Unincorporated areas   October 8, 2008;      The Honorable Dennis       September 24, 2008.............       080059
                                     of El Paso County      October 15, 2008;     Hisey, Chairman, El Paso
                                     (08-08-0630P).         El Paso County        County Board of
                                                            Advertiser.           Commissioners, 27 East
                                                                                  Vermijo Avenue, Colorado
                                                                                  Springs, CO 80903-2208.
Connecticut: Fairfield............  City of Stamford (08-  June 20, 2008; June   The Honorable Dannel P.    May 30, 2008...................       090015
                                     01-0709P).             27, 2008; The         Malloy, Mayor, City of
                                                            Advocate.             Stamford, 888 Washington
                                                                                  Boulevard, Stamford, CT
                                                                                  06904.
Delaware: Kent....................  Unincorporated areas   October 17, 2008;     The Honorable P. Brooks    February 23, 2009..............       100001
                                     of Kent County (08-    October 24, 2008;     Banta, President, Board
                                     03-1557P).             The News Journal.     of Commissioners, 555
                                                                                  Bay Road, Dover, DE
                                                                                  19901.
Florida: Polk.....................  City of Lakeland (08-  October 10, 2008;     The Honorable Ralph L.     February 16, 2009..............       120267
                                     04-5418P).             October 17, 2008;     Fletcher, Mayor, City of
                                                            The Ledger.           Lakeland, 228 South
                                                                                  Massachusetts Avenue,
                                                                                  Lakeland, FL 33801.
Georgia: Columbia.................  Unincorporated areas   October 19, 2008;     The Honorable Ron C.       February 23, 2009..............       130059
                                     of Columbia County     October 26, 2008;     Cross, Chairman,
                                     (08-04-3896P).         The Columbia County   Columbia County Board of
                                                            News Times.           Commissioners, P.O. Box
                                                                                  498, Evans, GA 30809.
Illinois:
    Cook..........................  Village of Barrington  May 22, 2008; May     The Honorable Robert G.    April 30, 2008.................       170058
                                     Hills (08-05-2649P).   29, 2008;             Abboud, President,
                                                            Barrington Courier    Village of Barrington
                                                            Review.               Hills, 112 Algonquin
                                                                                  Road, Barrington Hills,
                                                                                  IL 60010.
    Cook..........................  Unincorporated areas   October 14, 2008;     The Honorable Todd H.      November 7, 2008...............       170054
                                     of Cook County (08-    October 21, 2008;     Stroger, President, Cook
                                     05-2074P).             Southtown Star.       County Board of
                                                                                  Commissioners, 118 North
                                                                                  Clark Street, Room 537,
                                                                                  Chicago, IL 60602.
    Cook..........................  Village of Ford        October 14, 2008;     The Honorable Saul L.      November 7, 2008...............       170084
                                     Heights (08-05-        October 21, 2008;     Beck, Mayor, Village of
                                     2074P).                Southtown Star.       Ford Heights, 1343 Ellis
                                                                                  Avenue, Ford Heights, IL
                                                                                  60411.
    Cook..........................  Village of Sauk        October 14, 2008;     The Honorable Roger G.     November 7, 2008...............       170157
                                     Village (08-05-        October 21, 2008;     Peckham, Mayor, Village
                                     2074P).                Southtown Star.       of Sauk Village, 21701
                                                                                  Torrence Avenue, Sauk
                                                                                  Village, IL 60411.

[[Page 69566]]

 
    Dupage........................  Village of             October 15, 2008;     The Honorable John C.      September 29, 2008.............       170200
                                     Bensenville (08-05-    October 22, 2008;     Geils, President,
                                     0178P).                Daily Herald.         Village of Bensenville,
                                                                                  12 South Center Street,
                                                                                  Bensenville, IL 60106.
    Dupage........................  Village of Elk Grove   October 15, 2008;     The Honorable Craig B.     September 29, 2008.............       170088
                                     (08-05-0178P).         October 22, 2008;     Johnson, Mayor, Village
                                                            Daily Herald.         of Elk Grove, 901
                                                                                  Wellington Avenue, Elk
                                                                                  Grove Village, IL 60007.
Maine: Waldo......................  Town of Lincolnville   September 18, 2008;   The Honorable Rosendel     August 29, 2008................       230172
                                     (08-01-0911P).         September 25, 2008;   Gerry, Selectman, Town
                                                            The Republican        of Lincolnville, 493
                                                            Journal.              Hope Road, Lincolnville,
                                                                                  ME 04849.
Mississippi: Madison..............  Unincorporated areas   August 14, 2008;      The Honorable Timothy L.   December 22, 2008..............       280228
                                     of Madison County      August 21, 2008;      Johnson, President,
                                     (07-04-5199P).         Madison County        Madison County Board of
                                                            Journal.              Supervisors, P.O. Box
                                                                                  608, Canton, MS 39046.
Missouri: Platte..................  Unincorporated areas   October 15, 2008;     Mr. Tom Pryor, First       February 19, 2009..............       290475
                                     of Platte County (08-  October 22, 2008;     District Commissioner,
                                     07-1586P).             The Landmark.         Platte County, Platte
                                                                                  County Administrative
                                                                                  Building, 415 Third
                                                                                  Street, Suite 105,
                                                                                  Platte City, MO 64079.
Nevada:
    Clark.........................  Unincorporated areas   October 10, 2008;     The Honorable Rory Reid,   September 26, 2008.............       320003
                                     of Clark County (08-   October 17, 2008;     Chair, Clark County
                                     09-0253P).             Las Vegas Review      Board of Commissioners,
                                                            Journal.              500 South Grand Central
                                                                                  Parkway, Las Vegas, NV
                                                                                  89106.
    Clark.........................  Unincorporated areas   October 10, 2008;     The Honorable Rory Reid,   September 30, 2008.............       320003
                                     of Clark County (08-   October 17, 2008;     Chair, Clark County
                                     09-0919P).             Las Vegas Review      Board of Commissioners,
                                                            Journal.              500 South Grand Central
                                                                                  Parkway, Las Vegas, NV
                                                                                  89106.
New York: Seneca..................  Town of Seneca Falls   October 9, 2008;      The Honorable Duane        April 2, 2009..................       360756
                                     (08-02-1344P).         October 16, 2008;     Moore, Councilman, Town
                                                            Reveille Between      of Seneca Falls, 32
                                                            the Lakes.            State Street, Seneca
                                                                                  Falls, NY 13148.
Pennsylvania: York................  Township of Dover (08- October 10, 2008;     The Honorable Shane        September 30, 2008.............       420920
                                     03-1498P).             October 17, 2008;     Patterson, Chairman,
                                                            York Daily Record.    Board of Supervisors,
                                                                                  Dover Township, 2480
                                                                                  West Canal Road, Dover,
                                                                                  PA 17315.
South Carolina: Richland..........  Unincorporated areas   October 10, 2008;     The Honorable Joseph       February 16, 2009..............       450170
                                     of Richland County     October 17, 2008;     McEachern, Chairman,
                                     (08-04-5022P).         The State.            Richland County Council,
                                                                                  Richland County
                                                                                  Administrative Building,
                                                                                  2020 Hampton Street,
                                                                                  Second Floor, Columbia,
                                                                                  SC 29202.
Tennessee:
    Williamson....................  City of Brentwood (08- October 16, 2008;     The Honorable Joe Reagan,  February 20, 2009..............       470205
                                     04-2646P).             October 23, 2008;     Mayor, City of
                                                            The Tennessean.       Brentwood, P. O. Box
                                                                                  788, Brentwood, TN 37024.
    Williamson....................  Unincorporated areas   October 16, 2008;     The Honorable Rogers C.    February 20, 2009..............       470204
                                     of Williamson County   October 23, 2008;     Anderson, Mayor,
                                     (08-04-2646P).         The Tennessean.       Williamson County, 1320
                                                                                  West Main Street, Suite
                                                                                  125, Franklin, TN 37064.
Texas:
    Bastrop.......................  City of Bastrop (08-   July 9, 2008; July    The Honorable Terry Orr,   November 13, 2008..............       480022
                                     06-0048P).             16, 2008; Elgin       Mayor, City of Bastrop,
                                                            Courier.              P.O. Box 427, Bastrop,
                                                                                  TX 78602.
    Bastrop.......................  Unincorporated areas   July 9, 2008; July    The Honorable Ronnie       November 13, 2008..............       481193
                                     of Bastrop County      16, 2008; Elgin       McDonald, Bastrop County
                                     (08-06-0048P).         Courier.              Judge, 804 Pecan Street,
                                                                                  Bastrop, TX 78602.
    Bexar.........................  City of San Antonio    October 9, 2008;      The Honorable Phil         September 24, 2008.............       480045
                                     (08-06-1356P).         October 16, 2008;     Hardberger, Mayor, City
                                                            San Antonio Express   of San Antonio, P.O. Box
                                                            News.                 839966, San Antonio, TX
                                                                                  78283.
    Tarrant.......................  City of Fort Worth     October 9, 2008;      The Honorable Mike         February 13, 2009..............       480596
                                     (08-06-2295P).         October 16, 2008;     Moncrief, Mayor, City of
                                                            Fort Worth Star       Fort Worth, 1000
                                                            Telegram.             Throckmorton Street,
                                                                                  Fort Worth, TX 76102.
    Tarrant.......................  City of Keller (08-06- October 9, 2008;      The Honorable Pat          February 13, 2009..............       480602
                                     2436P).                October 16, 2008;     McGrail, Mayor, City of
                                                            Fort Worth Star       Keller, P.O. Box 770,
                                                            Telegram.             Keller, TX 76244.
Virginia: Independent City........  City of Lynchburg (08- July 18, 2008; July   The Honorable Joan F.      November 21, 2008..............       510093
                                     03-0310P).             25, 2008; The         Foster, 900 Church
                                                            Lynchburg Ledger.     Street, Lynchburg, VA
                                                                                  24504.
Wisconsin: Dane...................  Village of Waunakee    August 14, 2008;      Mr. Kim Wilde, Village     November 26, 2008..............       550093
                                     (08-05-1363P).         August 21, 2008;      Administrator, Village
                                                            Waunakee Tribune.     of Waunakee, 500 West
                                                                                  Main Street, Waunakee,
                                                                                  WI 53597.
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[[Page 69567]]

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

    Dated: November 12, 2008.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of 
Homeland Security, Federal Emergency Management Agency.
[FR Doc. E8-27492 Filed 11-18-08; 8:45 am]
BILLING CODE 9110-12-P