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Daily Rules, Proposed Rules, and Notices of the Federal Government

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket ID FEMA-2008-0020]

Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Final rule.
SUMMARY: Modified Base (1% annual-chance) Flood Elevations (BFEs) are finalized for the communities listed below. These modified BFEs will be used to calculate flood insurance premium rates for new buildings and their contents.
DATES: The effective dates for these modified BFEs are indicated on the following table and revise the Flood Insurance Rate Maps (FIRMs) in effect for the listed communities prior to this date.
ADDRESSES: The modified BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below.
FOR FURTHER INFORMATION CONTACT: William R. Blanton Jr., Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3151.
SUPPLEMENTARY INFORMATION:

The Federal Emergency Management Agency (FEMA) makes the final determinations listed below of the modified BFEs for each community listed. These modified BFEs have been published in newspapers of local circulation and ninety (90) days have elapsed since that publication. The Mitigation Division Director of FEMA resolved any appeals resulting from this notification.

The modified BFEs are not listed for each community in this notice. However, this final rule includes the address of the Chief Executive Officer of the community where the modified BFEs determinations are available for inspection.

The modified BFEs are made pursuant to section 206 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance with the National Flood Insurance Act of 1968, 42 U.S.C. 4001et seq.,and with 44 CFR part 65.

For rating purposes, the currently effective community number is shown and must be used for all new policies and renewals.

The modified BFEs are the basis for the floodplain management measures that the community is required to either adopt or to show evidence of being already in effect in order to qualify or to remain qualified for participation in the National Flood Insurance Program (NFIP).

These modified BFEs, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own, or pursuant to policies established by other Federal, State, or regional entities.

These modified BFEs are used to meet the floodplain management requirements of the NFIP and are also used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in these buildings. The changes in BFEs are in accordance with 44 CFR 65.4.

National Environmental Policy Act.This final rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared.

Regulatory Flexibility Act.As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-612, a regulatory flexibility analysis is not required.

Regulatory Classification.This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735.

Executive Order 13132, Federalism.This final rule involves no policies that have federalism implications under Executive Order 13132, Federalism.

Executive Order 12988, Civil Justice Reform.This final rule meets the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 65

Flood insurance, Floodplains, Reporting and recordkeeping requirements.

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. 4001et 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: State and county Location and case No. Date and name of newspaper where notice was published Chief executive officer of community Effective date of
  • modification
  • Community No.
    Alabama: Tuscaloosa (FEMA Docket No: B-1019) Unincorporated areas of Tuscaloosa County (08-04-3997P) 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 Arizona: Maricopa (FEMA Docket No: B-1019) City of El Mirage (08-09-1516P) October 16, 2008; October 23, 2008;Arizona Business Gazette The Honorable Fred Waterman, Mayor, City of El Mirage, P.O. Box 26, El Mirage, AZ 85335 February 20, 2009 040041 Maricopa (FEMA Docket No: B-1019) Unincorporated areas of Maricopa County (08-09-1516P) October 16, 2008; October 23, 2008;Arizona Business Gazette The Honorable Andrew W. Kunasek, Chairman, Maricopa County Board of Supervisors, 301 West Jefferson Street, 10th Floor, Phoenix, AZ 85003 February 20, 2009 040037 Maricopa (FEMA Docket No: B-1019) City of Surprise (08-09-1516P) October 16, 2008; October 23, 2008;Arizona Business Gazette The Honorable Lyn Truitt, Mayor, City of Surprise, 12425 West Bell Road, Surprise, AZ 85374 February 20, 2009 040053 Pinal (FEMA Docket No: B-1023) City of Maricopa (07-09-1819P) October 26, 2008; November 2, 2008;Casa Grande Dispatch The Honorable Anthony Smith, Major, City of Maricopa, P.O. Box 610, Maricopa, AZ 85239 March 3, 2009 040052 Pinal (FEMA Docket No: B-1023) Unincorporated areas of Pinal County (07-09-1819P) October 26, 2008; November 2, 2008;Casa Grande Dispatch The Honorable Lionel D. Ruiz, Chairman, Pinal County Board of Supervisors, P.O. Box 827, Florence, AZ 85232 March 3, 2009 040077 Arkansas: Pulaski (FEMA Docket No: B-1019) City of Little Rock (08-06-2112P) November 4, 2008; November 11, 2008;Arkansas Democrat Gazette The Honorable Mark Stodola, Mayor, City of Little Rock, 500 West Markham Street, Suite 203, Little Rock, AR 72201 October 29, 2008 050181 California: Santa Barbara (FEMA Docket No: B-1027) Unincorporated areas of Santa Barbara County (08-09-0425P) October 24, 2008; October 31, 2008;Santa Barbara News Press The Honorable Salud Carbajal, Chairman, Santa Barbara County Board of Supervisors, 105 East Anapamu Street, Santa Barbara, CA 93101 March 2, 2009 060331 Colorado: Douglas (FEMA Docket No: B-1023) Town of Parker (08-08-0810P) October 30, 2008; November 6, 2008;Douglas County News Press The Honorable David Casiano, Mayor, Town of Parker, 20120 East Main Street, Parker, CO 80138-7334 March 6, 2009 080310 Mesa (FEMA Docket No: B-1027) City of Fruita (08-08-0501P) November 14, 2008; November 21, 2008;The Daily Sentinel The Honorable Ken Henry, Mayor, City of Fruita, 325 East Aspen Avenue, Fruita, CO 81521 October 31, 2008 080194 Mesa (FEMA Docket No: B-1027) Unincorporated areas of Mesa County (08-08-0501P) November 14, 2008; November 21, 2008;The Daily Sentinel The Honorable Craig J. Meis, Commissioner, District 1, Mesa County Board of Commissioners, P.O. Box 20000, Grand Junction, CO 81502 October 31, 2008 080115 Connecticut: New Haven (FEMA Docket No: B-1023) Town of Branford (08-01-1042P) November 13, 2008; November 20, 2008;The Sound The Honorable Anthony DaRos, First Selectman, Town of Branford, 1019 Main Street, Branford, CT 06405 October 31, 2008 090073 Delaware: Kent (FEMA Docket No: B-1019) Unincorporated areas of Kent County (08-03-1557P) October 17, 2008; October 24, 2008;The News Journal The Honorable P. Brooks Banta, President, Board of Commissioners, 555 Bay Road, Dover, DE 19901 February 23, 2009 100001 New Castle (FEMA Docket No: B-1023) Unincorporated areas of New Castle County (08-03-0143P) November 12, 2008; November 19, 2008;The News Journal The Honorable Christopher Coons, County Executive, New Castle County, 87 Read's Way, New Castle, DE 19720 October 31, 2008 105085 New Castle (FEMA Docket No: B-1023) City of Wilmington (08-03-0143P) November 12, 2008; November 19, 2008;The News Journal The Honorable James M. Baker, Mayor, City of Wilmington, 800 North French Street, Wilmington, DE 19801 October 31, 2008 100028 Florida: Bay (FEMA Docket No: B-1023) Unincorporated areas of Bay County (08-04-2649P) October 31, 2008; November 7, 2008;The News Herald The Honorable Jerry L. Girvin, Chairman, Bay County Board of Commissioners, 810 West Eleventh Street, Panama City, FL 32401 March 9, 2009 120004 Bay (FEMA Docket No: B-1023) City of Panama City Beach (08-04-2649P) October 31, 2008; November 7, 2008;The News Herald The Honorable Gayle Oberst, Mayor, City of Panama City Beach, 110 South Arnold Road, Panama City Beach, FL 32413 March 9, 2009 120013 Polk (FEMA Docket No: B-1019) City of Lakeland (08-04-5418P) October 10, 2008; October 17, 2008;The Ledger The Honorable Ralph L. Fletcher, Mayor, City of Lakeland, 228 South Massachusetts Avenue, Lakeland, FL 33801 February 16, 2009 120267 Georgia: Columbia (FEMA Docket No: B-1019) Unincorporated areas of Columbia County (08-04-3896P) October 19, 2008; October 26, 2008;The Columbia County News Times The Honorable Ron C. Cross, Chairman, Columbia County Board of Commissioners, P.O. Box 498, Evans, GA 30809 February 23, 2009 130059 Kansas: Reno (FEMA Docket No: B-1027) City of Hutchinson (08-07-0175P) November 12, 2008; November 19, 2008;The Hutchinson News The Honorable Trish Rose, Mayor, City of Hutchinson, P.O. Box 1567, Hutchinson, KS 67504 October 31, 2008 200283 Reno (FEMA Docket No: B-1027) Unincorporated areas of Reno County (08-07-0175P) November 12, 2008; November 19, 2008;The Hutchinson News Mr. Larry Sharp, Chair, Reno County Commission, Reno County Courthouse, 206 West First Avenue, Hutchinson, KS 67501 October 31, 2008 200567 Minnesota: Olmsted (FEMA Docket No: B-1023) City of Oronoco (08-05-3390P) November 12, 2008; November 19, 2008;The News Record The Honorable Scott Keigley, Mayor, City of Oronoco, P.O. Box 195, Oronoco, MN 55960 October 31, 2008 270330 Missouri: Platte (FEMA Docket No: B-1019) Unincorporated areas of Platte County (08-07-1586P) October 15, 2008; October 22, 2008;The Landmark Mr. Tom Pryor, First District Commissioner, Platte County, Platte County Administrative Building, 415 Third Street, Suite 105, Platte City, MO 64079 February 19, 2009 290475 Nevada: Elko (FEMA Docket No: B-1023) City of Elko (08-09-0345P) October 24, 2008; October 31, 2008;Elko Daily Free Press The Honorable Michael J. Franzoia, Mayor, City of Elko, 1751 College Avenue, Elko, NV 89801 March 2, 2009 320010
    South Carolina: Lexington (FEMA Docket No: B-1023) Unincorporated areas of Lexington County (08-04-1961P) October 29, 2008; November 5, 2008;The State The Honorable William C. Derrik, Chairman, Lexington County Council, 2241 Ridge Road, Leesville, SC 29070 March 5, 2009 450129 Richland (FEMA Docket No: B-1019) Unincorporated areas of Richland County (08-04-5022P) October 10, 2008; October 17, 2008;The State The Honorable Joseph McEachern, Chairman, Richland County Council, Richland County Administrative Building, 2020 Hampton Street, Second Floor, Columbia, SC 29202 February 16, 2009 450170 Tennessee: Williamson (FEMA Docket No: B-1019) City of Brentwood (08-04-2646P) October 16, 2008; October 23, 2008;The Tennessean The Honorable Joe Reagan, Mayor, City of Brentwood, P.O. Box 788, Brentwood, TN 37024 February 20, 2009 470205 Williamson (FEMA Docket No: B-1019) Unincorporated areas of Williamson County (08-04-2646P) October 16, 2008; October 23, 2008;The Tennessean The Honorable Rogers C. Anderson, Mayor, Williamson County, 1320 West Main Street, Suite 125, Franklin, TN 37064 February 20, 2009 470204 Texas: Bell (FEMA Docket No: B-1023) City of Killeen (07-06-1831P) October 30, 2008; November 6, 2008;Killeen Daily Herald The Honorable Timothy L. Hancock, Mayor, City of Killeen, P.O. Box 1329, Killeen, TX 76540 March 6, 2009 480031 Bexar (FEMA Docket No: B-1023) Unincorporated areas of Bexar County (07-06-2018P) October 31, 2008; November 7, 2008;San Antonio Express News The Honorable Nelson W. Wolff, Bexar County Judge, 100 Dolorosa Street, Suite 120, San Antonio, TX 78205 March 9, 2009 480035 Bexar (FEMA Docket No: B-1023) City of San Antonio (07-06-2018P) October 31, 2008; November 7, 2008;San Antonio Express News The Honorable Phil Hardberger, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283 March 9, 2009 480045 Tarrant (FEMA Docket No: B-1019) City of Fort Worth (08-06-2295P) October 9, 2008; October 16, 2008;Fort Worth Star Telegram The Honorable Mike Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102 February 13, 2009 480596 Tarrant (FEMA Docket No: B-1019) City of Keller (08-06-2436P) October 9, 2008; October 16, 2008;Fort Worth Star Telegram The Honorable Pat McGrail, Mayor, City of Keller, P.O. Box 770, Keller, TX 76244 February 13, 2009 480602 Travis (FEMA Docket No: B-1023) City of Austin (08-06-2992P) November 12, 2008; November 19, 2008;Austin American Statesman The Honorable Will Wynn, Mayor, City of Austin, P.O. Box 1088, Austin, TX 78767 October 31, 2008 480624 Wisconsin: Juneau (FEMA Docket No: B-1027) Unincorporated areas of Juneau County (08-05-2953P) November 13, 2008; November 20, 2008;The Messenger of Juneau County The Honorable Alan Peterson, Chairman, Juneau County, N3161 Highway G, Mauston, WI 53948 December 2, 2008 550580 Juneau (FEMA Docket No: B-1027) Village of Union Center (08-05-2953P) November 13, 2008; November 20, 2008;The Messenger of Juneau County The Honorable Darold Minett, Mayor, Village of Union Center, P.O. Box 96, Union Center, WI 53962 December 2, 2008 550207 Juneau (FEMA Docket No: B-1027) Village of Wonewoc (08-05-2953P) November 13, 2008; November 20, 2008;The Messenger of Juneau County The Honorable Kevin Jennings, President, Village of Wonewoc, P.O. Box 37, Wonewoc, WI 53968 December 2, 2008 550208 (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: April 13, 2009. Michael K. Buckley, Acting Assistant Administrator, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency.