[Federal Register Volume 73, Number 190 (Tuesday, September 30, 2008)]
[Rules and Regulations]
[Pages 56737-56738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22951]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket No. FEMA-B-1008]


Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Interim rule.

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

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

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

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

SUPPLEMENTARY INFORMATION: The modified BFEs are not listed for each 
community in this interim rule. However, the address of the Chief 
Executive Officer of the community where the modified BFE 
determinations are available for inspection is provided.
    Any request for reconsideration must be based on knowledge of 
changed conditions or new scientific or technical data.
    The modifications are made pursuant to section 201 of the Flood 
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance 
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq., 
and with 44 CFR part 65.
    For rating purposes, the currently effective community number is 
shown and must be used for all new policies and renewals.
    The modified BFEs are the basis for the floodplain management 
measures that the community is required to either adopt or to show 
evidence of being already in effect in order to qualify or to remain 
qualified for participation in

[[Page 56738]]

the National Flood Insurance Program (NFIP).
    These modified BFEs, together with the floodplain management 
criteria required by 44 CFR 60.3, are the minimum that are required. 
They should not be construed to mean that the community must change any 
existing ordinances that are more stringent in their floodplain 
management requirements. The community may at any time enact stricter 
requirements of its own, or pursuant to policies established by the 
other Federal, State, or regional entities. The changes BFEs are in 
accordance with 44 CFR 65.4.
    National Environmental Policy Act. This interim rule is 
categorically excluded from the requirements of 44 CFR part 10, 
Environmental Consideration. An environmental impact assessment has not 
been prepared.
    Regulatory Flexibility Act. As flood elevation determinations are 
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Regulatory Classification. This interim rule is not a significant 
regulatory action under the criteria of section 3(f) of Executive Order 
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 
51735.
    Executive Order 13132, Federalism. This interim rule involves no 
policies that have federalism implications under Executive Order 13132, 
Federalism.
    Executive Order 12988, Civil Justice Reform. This interim rule 
meets the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 65

    Flood insurance, Floodplains, Reporting and recordkeeping 
requirements.


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

PART 65--[AMENDED]

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

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


Sec.  65.4  [Amended]

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

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                                                             Date and name of
         State and county             Location and  case     newspaper  where     Chief executive officer   Effective date of  modification   Community
                                             No.           notice was published         of community                                             No.
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California: San Diego.............  Unincorporated areas   August 18, 2008;      The Honorable Greg Cox,    December 23, 2008..............       060284
                                     of San Diego County    August 25, 2008;      Chairman, San Diego
                                     (08-09-0782P).         San Diego Union-      County Board of
                                                            Tribune.              Supervisors, 1600
                                                                                  Pacific Highway, Room
                                                                                  335, San Diego, CA 92101.
Colorado: El Paso.................  City of Colorado       September 2, 2008;    The Honorable Lionel       August 15, 2008................       080060
                                     Springs (07-08-        September 9, 2008;    Rivera, Mayor, City of
                                     0958P).                The Gazette.          Colorado Springs, P.O.
                                                                                  Box 1575, Colorado
                                                                                  Springs, CO 80901.
Iowa: Dallas......................  City of Granger (08-   August 21, 2008;      The Honorable James        July 31, 2008..................       190104
                                     07-0907P).             August 28, 2008;      Doyle, Mayor, City of
                                                            Northeast Dallas      Granger, 1906 Main
                                                            Record.               Street, Granger, IA
                                                                                  50109.
Oklahoma: Tulsa...................  City of Tulsa (08-06-  July 31, 2008;        The Honorable Kathryn L.   July 17, 2008..................       405381
                                     1865P).                August 7, 2008;       Taylor, Mayor, City of
                                                            Tulsa World.          Tulsa, 200 Civic Center,
                                                                                  Tulsa, OK 74103.
Texas:
    Brazos........................  City of Bryan (08-06-  August 7, 2008;       The Honorable D. Mark      July 25, 2008..................       480082
                                     0692P).                August 14, 2008;      Conlee, Mayor, City of
                                                            Bryan College         Bryan, 300 South Texas
                                                            Station Eagle.        Avenue, Bryan, TX 77803.
    Brazos........................  City of College        July 31, 2008;        The Honorable Ben White,   December 5, 2008...............       480083
                                     Station (08-06-        August 7, 2008;       Mayor, City of College
                                     1882P).                Bryan College         Station, 1101 Texas
                                                            Station Eagle.        Avenue, College Station,
                                                                                  TX 77840.
    Guadalupe.....................  City of Cibolo (08-06- August 20, 2008;      The Honorable Jennifer     December 26, 2008..............       480267
                                     0784P).                August 27, 2008;      Hartman, Mayor, City of
                                                            Seguin Gazette-       Cibolo, P.O. Box 826,
                                                            Enterprise.           Cibolo, TX 78108-0826.
    Palo Pinto and Parker.........  City of Mineral Wells  September 2, 2008;    The Honorable Clarence     January 7, 2009................       480517
                                     (08-06-2504P).         September 9, 2008;    Holliman, Mayor, City of
                                                            Mineral Wells Index.  Mineral Wells, 115
                                                                                  Southwest First Street,
                                                                                  Mineral Wells, TX 76067.
Virginia: Roanoke.................  Unincorporated areas   August 15, 2008;      The Honorable Richard      December 22, 2008..............       510190
                                     of Roanoke County      August 22, 2008;      Flora, Chairman, Roanoke
                                     (08-03-0782P).         The Roanoke Times.    County Board of
                                                                                  Supervisors, P.O. Box
                                                                                  29800, Roanoke, VA 24018.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')

    Dated: September 19, 2008.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of 
Homeland Security, Federal Emergency Management Agency.
[FR Doc. E8-22951 Filed 9-29-08; 8:45 am]
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