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Changes in Flood Elevation Determinations

---
identifier: "/us/fr/E8-27037"
source: "fr"
legal_status: "authoritative_unofficial"
title: "Changes in Flood Elevation Determinations"
title_number: 0
title_name: "Federal Register"
section_number: "E8-27037"
section_name: "Changes in Flood Elevation Determinations"
positive_law: false
currency: "2008-11-14"
last_updated: "2008-11-14"
format_version: "1.1.0"
generator: "[email protected]"
agency: "Homeland Security Department"
document_number: "E8-27037"
document_type: "rule"
publication_date: "2008-11-14"
agencies:
  - "Homeland Security Department"
  - "Federal Emergency Management Agency"
cfr_references:
  - "44 CFR Part 65"
fr_citation: "73 FR 67416"
fr_volume: 73
fr_action: "Final rule."
---

#  [Amended]

**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. 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 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.

**44 CFR Part 65**

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.

**44 CFR Part 65**

§ 65.4

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

| State and county | Location and | Date and name of newspaper | Chief executive officer of community | Effective date of | Community |
| --- | --- | --- | --- | --- | --- |
| Alabama: |  |  |  |  |  |
| Jefferson (FEMA Docket No.: B-7797) | City of Birmingham (08-04-2759P) | June 20, 2008; June 27, 2008; | The Honorable Larry P. Langford, Mayor, City of Birmingham, 710 North 20th Street, Birmingham, AL 35203 | July 28, 2008 | 010116 |
| Madison (FEMA Docket No.: B-7789) | City of Huntsville (08-04-1222P) | May 9, 2008; May 16, 2008; | The Honorable Loretta Spencer, Mayor, City of Huntsville, P.O. Box 308, Huntsville, AL 35804 | September 15, 2008 | 010153 |
| Tuscaloosa (FEMA Docket No.: B-7793) | City of Tuscaloosa (08-04-1080P) | June 11, 2008; June 18, 2008; | The Honorable Walter Maddox, Mayor, City of Tuscaloosa, P.O. Box 2089, Tuscaloosa, AL 35403 | October 16, 2008 | 010203 |
| Arizona: |  |  |  |  |  |
| Mohave (FEMA Docket No.: B-7788) | City of Kingman (08-09-0713P) | May 14, 2008; May 21, 2008; | The Honorable Lester Byram, Mayor, City of Kingman, 310 North Fourth Street, Kingman, AZ 86401 | September 18, 2008 | 040060 |
| Mohave (FEMA Docket No.: B-7788) | Unincorporated areas of Mohave County (08-09-0713P) | May 14, 2008; May 21, 2008; | The Honorable Pete Byers, Chairman, Mohave County, Board of Supervisors, 700 West Beale Street, Kingman, AZ 86401 | September 18, 2008 | 040058 |
| Pima (FEMA Docket No.: B-7793) | City of Tucson (08-09-0001P) | June 6, 2008; June 13, 2008; | The Honorable Bob Walkup, Mayor, City of Tucson, P.O. Box 27210, Tucson, AZ 85726 | May 23, 2008 | 040076 |
| California: |  |  |  |  |  |
| Placer (FEMA Docket No.: B-7789) | City of Lincoln (07-09-0934P) | May 21, 2008; May 28, 2008; | The Honorable Primo Santini, Mayor, City of Lincoln, 640 Fifth Street, Lincoln, CA 95648 | September 25, 2008 | 060241 |
| Placer (FEMA Docket No.: B-7789) | Unincorporated areas of Placer County (07-09-0934P) | May 21, 2008; May 28, 2008; | The Honorable Jim Holmes, Chairman, Placer County, Board of Supervisors, 175 Fulweiler Avenue, Auburn, CA 95603 | September 25, 2008 | 060239 |
| Shasta (FEMA Docket No.: B-7789) | Unincorporated areas of Shasta County (08-09-0622P) | May 21, 2008; May 28, 2008; | The Honorable Mark Cibula, Supervisor, District Two, Shasta County, 1450 Court Street, Suite 308 B, Redding, CA 96001 | September 25, 2008 | 060358 |
| Colorado: |  |  |  |  |  |
| Adams (FEMA Docket No.: B-7797) | City of Thornton (08-08-0377P) | June 5, 2008; June 12, 2008; | The Honorable Erik Hansen, Mayor, City of Thornton, 9500 Civic Center Drive, Thornton, CO 80229 | October 10, 2008 | 080007 |
| Douglas (FEMA Docket No.: B-7788) | Town of Castle Rock (08-08-0159P) | May 15, 2008; May 22, 2008; | The Honorable Randy Reed, Mayor, Town of Castle Rock, 100 North Wilcox Street, Castle Rock, CO 80104 | September 19, 2008 | 080050 |
| Routt (FEMA Docket No.: B-7793) | Unincorporated areas of Routt County (08-08-0085P) | June 8, 2008; June 15, 2008; | The Honorable Nancy Stahoviak, Chairperson, Routt County Board of County Commissioners, P.O. Box 3598, Steamboat Springs, CO 80477 | May 30, 2008 | 080156 |
| Routt (FEMA Docket No.: B-7793) | City of Steamboat Springs (08-08-0085P) | June 8, 2008; June 15, 2008; | The Honorable Paul Antonucci, City Council President, City of Steamboat Springs, P.O. Box 775088, Steamboat Springs, CO 80477 | May 30, 2008 | 080159 |
| Florida: |  |  |  |  |  |
| Orange (FEMA Docket No.: B-7793) | Unincorporated areas of Orange County (05-04-1535P) | June 5, 2008; June 12, 2008; | The Honorable Richard T. Crotty, Mayor, Orange County, 201 South RosaLind Avenue, Fifth Floor, Orlando, FL 32801 | October 10, 2008 | 120179 |
| Seminole (FEMA Docket No.: B-7797) | City of Winter Springs (08-04-4157P) | June 18, 2008; June 25, 2008; | The Honorable John F. Bush,  Mayor, City of Winter Springs, 21 Tarpon Circle, Winter Springs, FL 32708 | October 23, 2008 | 120295 |
| Idaho: Madison (FEMA Docket No.: B-7797) | Unincorporated areas of Madison County (08-10-0206P) | July 3, 2008; July 10, 2008; | The Honorable Ralph Robison, Chairman, Madison County Board of Commissioners, P.O. Box 389, Rexburg, ID 83440 | June 16, 2008 | 160217 |
| Lake (FEMA Docket No.: B-7797) | Unincorporated areas of Lake County (08-05-1098P) | June 5, 2008; June 12, 2008; | The Honorable Suzi Schmidt, Chair, Lake County Board, 18 North County Street, Room 1001, Waukegan, IL 60085 | October 10, 2008 | 170357 |
| Illinois: |  |  |  |  |  |
| Lake (FEMA Docket No.: B-7797) | Village of Lake Barrington (08-05-1098P) | June 5, 2008; June 12, 2008; | The Honorable Kevin Richardson, President, Village of Lake Barrington, 23860 Old Barrington Road, Lake Barrington, IL 60010 | October 10, 2008 | 170372 |
| Lake (FEMA Docket No.: B-7797) | Village of North Barrington (08-05-1098P) | June 5, 2008; June 12, 2008; | The Honorable Bruce J. Sauer, President, Village of North Barrington, 111 Old Barrington Road, North Barrington, IL 60010 | October 10, 2008 | 170383 |
| McHenry (FEMA Docket No.: B-7793) | Unincorporated areas of McHenry County (08-05-1169P) | June 12, 2008; June 19, 2008; | The Honorable Kenneth D. Koehler, Chairman, McHenry County Board, McHenry County Government Center, 2200 North Seminary Avenue, Woodstock, IL 60098 | October 17, 2008 | 170732 |
| McHenry (FEMA Docket No.: B-7793) | City of Woodstock (08-05-1169P) | June 12, 2008; June 19, 2008; | The Honorable Brian Sager, Mayor, City of Woodstock, 121 West Calhoun Street, Woodstock, IL 60098 | October 17, 2008 | 170488 |
| Will County (FEMA Docket No.: B-7793) | Village of Frankfort (07-05-5331P) | June 12, 2008; June 19, 2008; | The Honorable Jim Holland, Mayor, Village of Frankfort, 432 West Nebraska Street, Frankfort, IL 60423 | July 17, 2008 | 170701 |
| Will County (FEMA Docket No.: B-7793) | Unincorporated areas of Will County (08-05-1175P) | June 18, 2008; June 25, 2008; | The Honorable Lawrence M. Walsh, Will County Executive, 302 North Chicago Street, Joliet, IL 60432 | October 23, 2008 | 170695 |
| Indiana: |  |  |  |  |  |
| Allen (FEMA Docket No.: B-7793) | City of Fort Wayne (08-05-1821P) | June 13, 2008; June 20, 2008; | The Honorable Tom Henry, Mayor, City of Fort Wayne, One Main Street, Fort Wayne, IN 46802 | June 3, 2008 | 180003 |
| Marion (FEMA Docket No.: B-1001) | City of Indianapolis (08-05-2727P) | July 8, 2008; July 15, 2008; | The Honorable Gregory A. Ballard, Mayor, City of Indianapolis, 200 East Washington Street, Indianapolis, IN 46204 | June 25, 2008 | 180159 |
| Kansas: Sedgwick (FEMA Docket No.: B-7789) | City of Goddard (08-07-0155P) | May 29, 2008; June 6, 2008; | The Honorable Marcey Gregory, Mayor, City of Goddard, P.O. Box 667, Goddard, KS 67052 | May 21, 2008 | 200500 |
| Maryland: Washington (FEMA Docket No.: B-1001) | Unincorporated areas of Washington County (08-03-0660P) | June 4, 2008; June 11, 2008; | The Honorable John Barr, President, Washington County Commissioners, 100 West Washington Street, Room 226, Hagerstown, MD 21740 | October 9, 2008 | 240070 |
| Minnesota: |  |  |  |  |  |
| Anoka (FEMA Docket No.: B-7797) | City of Blaine (08-05-1446P) | June 6, 2008; June 13, 2008; | The Honorable Thomas Ryan, Mayor, City of Blaine, 10801 Town Square Drive Northeast, Blaine, MN 55449 | October 13, 2008 | 270007 |
| St. Louis (FEMA Docket No.: B-7793) | City of Duluth (07-05-3554P) | June 12, 2008; June 19, 2008; | The Honorable Don Ness, Mayor, City of Duluth, 411 West First Street, Duluth, MN 55802 | October 17, 2008 | 270421 |
| Missouri: |  |  |  |  |  |
| St. Louis (FEMA Docket No.: B-7788) | Town of Huntleigh (08-07-0367P) | May 17, 2008; May 24, 2008; | The Honorable Paul Von Gontard, Mayor, Town of Huntleigh, One City Center, Suite 1500, 2845 South Lindbergh Boulevard, St. Louis, MO 63101 | September 19, 2008 | 290359 |
| St. Louis (FEMA Docket No.: B-7788) | City of Ladue (08-07-0367P) | May 17, 2008; May 24, 2008; | The Honorable Irene Holmes, Mayor, City of Ladue, 9345 Clayton Road, St. Louis, MO 63124 | September 19, 2008 | 290363 |
| Montana: Flathead (FEMA Docket No.: B-7797) | Unincorporated areas of Flathead County (08-08-0430P) | June 13, 2008; June 20, 2008; | The Honorable Gary D. Hall, Chairman, Flathead County Board of Commissioners, 800 South Main Street, Kalispell, MT 59901 | June 2, 2008 | 300023 |
| Nevada: Clark (FEMA Docket No.: B-7789) | City of Henderson (08-09-0980X) | May 22, 2008; May 29, 2008; | The Honorable James B. Gibson, Mayor, City of Henderson, 240 South Water Street, Henderson, NV 89015 | September 17, 2008 | 320005 |
| Pennsylvania: Dauphin (FEMA Docket No.: B-7793) | Township of West Hanover (08-03-0651P) | June 12, 2008; June 19, 2008; | The Honorable Larry Hartman, Chair, Board of Supervisors, West Hanover Township, 7171 Allentown Boulevard, Harrisburg, PA 17112 | October 17, 2008 | 421600 |
| South Carolina: Jasper (FEMA Docket No.: B-7788) | Town of Hardeeville (08-04-3462P) | May 9, 2008; May 16, 2008; | The Honorable A. Brooks Willis, Mayor, Town of Hardeeville, 205 East Main Street, Hardeeville, SC 29927 | September 15, 2008 | 450113 |
| Tennessee: |  |  |  |  |  |
| Coffee (FEMA Docket No.: B-7797) | City of Tullahoma (07-04-5627P) | May 14, 2008; May 21, 2008; | The Honorable Troy Bisby, Mayor, City of Tullahoma, 201 West Grundy Street, Tullahoma, TN 37388 | September 18, 2008 | 470036 |
| Davidson (FEMA Docket No.: B-7788) | Metropolitan Government of Nashville and Davidson County (08-04-0256P) | May 12, 2008; May 19, 2008; | The Honorable Karl Dean, Mayor, Metropolitan Government of Nashville and Davidson County, 100 Metropolitan Courthouse, Nashville, TN 37201 | September 15, 2008 | 470040 |
| Wilson (FEMA Docket No.: B-7797) | City of Lebanon (08-04-1439P) | May 28, 2008; June 4, 2008; | The Honorable Don Cox, Mayor, City of Lebanon, 200 North Castle Heights Avenue, Suite 100, Lebanon, TN 37087 | May 16, 2008 | 270208 |
| Texas: |  |  |  |  |  |
| Bexar (FEMA Docket No.: B-7788) | Unincorporated areas of Bexar County (08-06-0794P) | May 22, 2008; May 29, 2008; | The Honorable Nelson W. Wolff, Bexar County Judge, 100 Dolorosa Street, Suite 120, San Antonio, TX 78205 | September 19, 2008 | 480035 |
| Brazos (FEMA Docket No.: B-7789) | Unincorporated areas of Brazos County (07-06-2185P) | May 14, 2008; May 21, 2008; | The Honorable Amanda S. Matzke, Brazos County Judge, 300 East 26th Street, Suite 211, Bryan, TX 77803 | September 16, 2008 | 481195 |
| Brazos (FEMA Docket No.: B-7789) | City of Bryan (07-06-2185P) | May 14, 2008; May 21, 2008; | The Honorable D. Mark Conlee, Mayor, City of Bryan, 300 South Texas Avenue, Bryan, TX 77803 | September 16, 2008 | 480082 |
| Ellis (FEMA Docket No.: B-7797) | City of Waxahachie (08-06-0662P) | May 28, 2008; June 4, 2008; | The Honorable Joe Jenkins, Mayor, City of Waxahachie, P.O. Box 757, Waxahachie, TX 75165 | October 2, 2008 | 480211 |
| Gillespie (FEMA Docket No.: B-7789) | Unincorporated areas of Gillespie County (08-06-0677P) | May 28, 2008; June 4, 2008; | The Honorable Mark Stroeher, Gillespie County Judge, 101 West Main Street, Fredericksburg, TX 78624 | October 3, 2008 | 480696 |
| Harris (FEMA Docket No.: B-1001) | Unincorporated areas of Harris County (08-06-0795P) | July 2, 2008; July 9, 2008; | The Honorable Ed Emmett, Harris County Judge, 1001 Preston Street, Suite 911, Houston, TX 77002 | June 25, 2008 | 480287 |
| Tarrant (FEMA Docket No.: B-7797) | City of Fort Worth (07-06-2613P) | May 30, 2008; June 6, 2008; | The Honorable Michael J. Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102 | September 29, 2008 | 480596 |
| Tarrant (FEMA Docket No.: B-1001) | City of Grapevine (07-06-0439P) | May 30, 2008; June 6, 2008; | The Honorable William D. Tate, Mayor, City of Grapevine, P.O. Box 95104, Grapevine, TX 76099 | September 4, 2008 | 480598 |
| Williamson (FEMA Docket No.: B-7789) | City of Cedar Park (08-06-1336P) | May 29, 2008; June 5, 2008; | The Honorable Bob Lemon, Mayor, City of Cedar Park, 600 North Bell Boulevard, Cedar Park, TX 78613 | May 16, 2008 | 481282 |
| Williamson (FEMA Docket No.: B-7788) | City of Round Rock (07-06-2411P) | May 13, 2008; May 20, 2008; | The Honorable Nyle Maxwell, Mayor, City of Round Rock, 221 East Main Street, Round Rock, TX 78664 | September 17, 2008 | 481048 |
| Wisconsin: |  |  |  |  |  |
| Kenosha (FEMA Docket No.: B-7789) | Village of Pleasant Prairie (08-05-2135P) | May 30, 2008; June 6, 2008; | The Honorable John Steinbrink, Village President, Village of Pleasant Prairie, 8640 88th Avenue, Pleasant Prairie, WI 53158 | May 16, 2008 | 550613 |
| Ozaukee (FEMA Docket No.: B-7797) | Unincorporated areas of Ozaukee County (08-05-1362P) | June 5, 2008; June 12, 2008; | The Honorable Robert Brooks, Chairman, Ozaukee County Board, P.O. Box 994, Port Washington, WI 53074-0994 | October 10, 2008 | 550310 |
| Washington (FEMA Docket No.: B-7788) | Village of Germantown (08-05-2438P) | May 6, 2008; May 13, 2008; | The Honorable Thomas Kempinski, President, Village of Germantown, W169 N11504 Biscayne Drive, Germantown, WI 53022 | September 10, 2008 | 550472 |

(Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)

Dated: November 5, 2008.

Michael K. Buckley,

Acting Assistant Administrator, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency.