Changes in Flood Elevation Determinations
Federal Register: May 7, 2009 (Volume 74, Number 87)
Rules and Regulations
Page 21271-21272
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID:fr07my09-11
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency 44 CFR Part 65
Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1048
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 in BFEs are in accordance with 44 CFR 65.4.
National Environmental Policy Act. This interim rule is categorically excluded from the requirements of 44 CFR part 10,
Environmental Consideration. An environmental impact assessment has not been prepared.
Regulatory Flexibility Act. As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601- 612, a regulatory flexibility analysis is not required.
Regulatory Classification. This interim rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735.
Executive Order 13132, Federalism. This interim rule involves no policies that have federalism implications under Executive Order 13132,
Federalism.
Executive Order 12988, Civil Justice Reform. This interim rule meets the applicable standards of Executive Order 12988.
List of Subjects in 44 CFR Part 65
Flood insurance, Floodplains, Reporting and recordkeeping requirements. 0
Accordingly, 44 CFR part 65 is amended to read as follows:
PART 65--[AMENDED] 0 1. The authority citation for part 65 continues to read as follows:
Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376.
Sec. 65.4 [Amended] 0 2. The tables published under the authority of Sec. 65.4 are amended as follows:
Date and name of
State and county
Location and case
newspaper where
Chief executive officer
Effective date of
Community No.
No.
notice was published
of community
modification
Arizona: Yavapai................. City of Cottonwood
March 13, 2009;
The Honorable Diane
July 20, 2009.................
040096
(08-09-1293P).
March 20, 2009;
Joens, Mayor, City of
Prescott Daily
Cottonwood, 827 North
Courier.
Main Street, Cottonwood,
AZ 86326.
Colorado:
Boulder...................... City of Longmont (08- March 12, 2009;
The Honorable Roger
July 17, 2009.................
080027 08-0011P).
March 19, 2009;
Lange, Mayor, City of
Longmont Times-Call. Longmont, 350 Kimbark
Street, Longmont, CO 80501.
El Paso...................... Unincorporated areas March 18, 2009;
The Honorable Dennis
July 23, 2009.................
080059 of El Paso County
March 25, 2009; El
Hisey, Chairman, El Paso
(08-08-0541P).
Paso County
County, Board of
Advertiser.
Commissioners, 27 East
Vermijo Avenue, Colorado
Springs, CO 80903-2208.
Jefferson.................... City of Westminster March 12, 2009;
The Honorable Nancy
July 17, 2009.................
080008
(09-08-0055P).
March 19, 2009;
McNally, Mayor, City of
Westminster Window. Westminster, 4800 West 92nd Avenue,
Westminster, CO 80031.
Page 21272
Teller....................... Unincorporated areas March 11, 2009;
The Honorable James
July 16, 2009.................
080173 of Teller County
March 18, 2009;
Ignatius, Chairman,
(08-08-0921P).
Pikes Peak Courier
Teller County, Board of
View.
Commissioners, 112 North
A Street, Cripple Creek,
CO 80813.
Teller....................... Town of Woodland
March 11, 2009;
The Honorable Steve
July 16, 2009.................
080175
Park (08-08-0921P). March 18, 2009;
Randolph, Mayor, City of
Pikes Peak Courier
Woodland Park, 220 West
View.
South Avenue, Woodland
Park, CO 80866.
Georgia:
Barrow....................... Unincorporated areas March 25, 2009;
The Honorable Daniel
July 30, 2009.................
130497 of Barrow County
April 1, 2009;
Yearwood Jr., Chairman,
(07-04-5359P).
Barrow County News. Barrow County, Board of
Commissioners, 233 East
Broad Street, Winder, GA 30680.
Columbia..................... Unincorporated areas March 15, 2009;
The Honorable Ron C.
July 20, 2009.................
130059 of Columbia County
March 22, 2009;
Cross, Chairman,
(08-04-3574P).
Columbia County
Columbia County, Board
News-Times.
of Commissioners, P.O.
Box 498, Evans, GA 30809.
Hawaii: Hawaii................... Unincorporated areas March 12, 2009;
The Honorable William P. July 17, 2009.................
155166 of Hawaii County
March 19, 2009;
Kenoi, Mayor, Hawaii
(08-09-1568P).
Hawaii Tribune-
County, 25 Aupuni
Herald.
Street, Hilo, HI 96720.
Illinois: McHenry................ Village of Algonquin March 20, 2009;
The Honorable John
July 27, 2009.................
170474
(08-05-3751P).
March 27, 2009;
Schmitt, President,
Northwest Herald.
Village of Algonquin, 2200 Harnish Drive,
Algonquin, IL 60102.
Missouri: St. Charles............ City of St. Peters
March 13, 2009;
The Honorable Len Pagano, July 20, 2009.................
290319
(08-07-1439P).
March 20, 2009; St. Mayor, City of St.
Louis Post Dispatch. Peters, One St. Peters
Centre Boulevard, St.
Peters, MO 63376.
Ohio: Lorain..................... City of Avon Lake
March 12, 2009;
The Honorable Karl J.
February 27, 2009.............
390602
(08-05-5004P).
March 19, 2009;
Zuber, Mayor, City of
Morning Journal.
Avon Lake, 150 Avon
Belden Road, Avon Lake,
OH 44012.
Oregon: Lane..................... Unincorporated areas March 20, 2009;
The Honorable Faye
July 27, 2009.................
415591 of Lane County (08- March 27, 2009; The Stewart II, Chairman, 10-0649P).
Register-Guard.
Lane County, Board of
Commissioners, Lane
County Public Service
Building, 125 East
Eighth Street, Eugene,
OR 97401.
South Carolina:
Jasper....................... Town of Hardeeville February 4, 2009;
The Honorable A. Brooks
June 11, 2009.................
450113
(07-04-6247P).
February 11, 2009;
Willis, Mayor, Town of
Jasper County Sun.
Hardeeville, 205 East
Main Street,
Hardeeville, SC 29927.
Jasper....................... Unincorporated areas February 4, 2009;
The Honorable George
June 11, 2009.................
450112 of Jasper County
February 11, 2009;
Hood, Chairman, Jasper
(07-04-6247P).
Jasper County Sun.
County Council, P.O. Box 1149, Ridgeland, SC 29936.
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')
Dated: April 30, 2009.
Deborah S. Ingram,
Acting Deputy Assistant Administrator for Mitigation, Department of
Homeland Security, Federal Emergency Management Agency.
FR Doc. E9-10635 Filed 5-6-09; 8:45 am
BILLING CODE 9110-12-P
