Changes in Flood Elevation Determinations
Federal Register: June 17, 2009 (Volume 74, Number 115)
Rules and Regulations
Page 28627-28629
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID:fr17jn09-12
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency 44 CFR Part 65
Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1055
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.
Page 28628
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 No.
newspaper where
Chief executive officer
Effective date of modification Community notice was published
of community
No.
Arizona:
Maricopa...................... Town of Gilbert (08- April 23, 2009;
The Honorable Steven M.
April 8, 2009..................
040044 09-1488P).
April 30, 2009;
Berman, Mayor, Town of
Arizona Business
Gilbert, 50 East Civic
Gazette.
Center Drive, Gilbert,
AZ 85296.
Maricopa...................... Unincorporated areas April 23, 2009;
The Honorable Andrew W.
April 8, 2009..................
040037 of Maricopa County
April 30, 2009;
Kunasek, Chairman,
(08-09-1488P).
Arizona Business
Maricopa County, Board
Gazette.
of Supervisors, 301 West
Jefferson Street, 10th
Floor, Phoenix, AZ 85003.
Maricopa...................... Town of Queen Creek
April 23, 2009;
The Honorable Art
April 8, 2009..................
040132
(08-09-1488P).
April 30, 2009;
Sanders, Mayor, Town of
Arizona Business
Queen Creek, 22350 South
Gazette.
Ellsworth Road, Queen
Creek, AZ 85242.
Navajo........................ Unincorporated areas April 22, 2009;
The Honorable J.R.
August 27, 2009................
040066 of Navajo County (08- April 29, 2009; The Despain, Chairman, 09-1857P).
Tribune News.
Navajo County, Board of
Supervisors, P.O. Box 668, Holbrook, AZ 86025.
Florida: Polk..................... Unincorporated areas April 8, 2009; April The Honorable Sam
August 13, 2009................
120261 of Polk County (09- 15, 2009; The Polk
Johnson, Chairman, Polk 04-1385P).
County Democrat.
County Board of
Commissioners, P.O. Box 9005, Drawer BC01,
Bartow, FL 33831-9005.
Idaho: Blaine..................... Unincorporated areas April 22, 2009;
The Honorable Tom Bowman, April 14, 2009.................
165167 of Blaine County (09- April 29, 2009;
Chairman, Blaine County 10-0307P).
Idaho Mountain
Board of Commissioners,
Express.
206 First Street South,
Suite 300, Hailey, ID 83333.
Iowa:
Crawford...................... City of Denison (08- April 10, 2009;
The Honorable Nathan
August 17, 2009................
190096 07-1528P).
April 17, 2009;
Mahrt, Mayor, City of
Denison Bulletin &
Denison, P.O. Box 668,
Review.
Denison, IA 51442.
Polk.......................... City of Ankeny (08-07- April 22, 2009;
The Honorable Steve Van
April 13, 2009.................
190226 1252P).
April 29, 2009; Des Oort, Mayor, City of
Moines Register.
Ankeny, 410 West First
Street, Ankeny, IA 50023.
Missouri: St. Louis............... City of Richmond
April 30, 2009; May The Honorable James J.
September 8, 2009..............
290380
Heights (09-07-
7, 2009; The
Beck, Mayor, City of 0908P).
Countian.
Richmond Heights, 1330
South Big Bend
Boulevard, Richmond
Heights, MO 63117.
Montana:
Flathead...................... Unincorporated areas May 1, 2009; May 8, The Honorable Dale W.
April 21, 2009.................
800023 of Flathead County
2009; Daily Inter
Lauman, Chairman,
(08-08-0361P).
Lake.
Flathead County Board of
Commissioners, 800 South
Main Street, Kalispell,
MT 59901.
Stillwater.................... Unincorporated areas July 17, 2008; July The Honorable Dennis R.
November 24, 2008..............
300078 of Stillwater County 24, 2008;
Hoyem, Chairman,
(07-08-0854P).
Stillwater County
Stillwater County Board
News.
of Commissioners, P.O.
Box 970, Columbus, MT 59019.
North Carolina:
Orange........................ Town of Chapel Hill
March 26, 2009;
The Honorable Kevin C.
July 31, 2009..................
370180
(09-04-1756P).
April 2, 2009;
Foy, Mayor, Town of
Chapel Hill Herald. Chapel Hill, Mayor's
Office, 405 Martin
Luther King Jr.
Boulevard, Chapel Hill,
NC 27514.
Wake.......................... Wake County
March 13, 2009;
Mr. David C. Cooke,
July 17, 2009..................
370368
(Unincorporated
March 20, 2009; The Manager, Wake County,
Areas) (08-04-5834P). News & Observer.
P.O. Box 550, Suite 1100, Raleigh, NC 27602.
Page 28629
Wake.......................... Town of Holly Springs March 13, 2009;
The Honorable Dick Sears, July 17, 2009..................
370403
(08-04-5834P).
March 20, 2009; The Mayor, Town of Holly
News & Observer.
Springs, P.O. Box 8,
Holly Springs, NC 27540.
Texas:
Hunt.......................... Unincorporated areas April 22, 2009;
The Honorable John Horn, April 10, 2009.................
480363 of Hunt County (08-
April 29, 2009;
Hunt County Judge, P.O. 06-1912P).
Herald Banner.
Box 1097, Greenville, TX 75403.
Tarrant....................... City of Arlington (09- March 30, 2009;
The Honorable Robert N.
August 4, 2009.................
485454 06-0207P).
April 6, 2009; Star Cluck, Mayor, City of
Telegram.
Arlington, 101 West
Abram Street, Arlington,
TX 76004.
Tarrant....................... City of Fort Worth
April 7, 2009; April The Honorable Michael J. March 27, 2009.................
480596
(08-06-1200P).
14, 2009; Star
Moncrief, Mayor, City of
Telegram.
Fort Worth, 1000
Throckmorton Street,
Fort Worth, TX 76102.
Wisconsin: St. Croix.............. Village of Baldwin
April 28, 2009; May The Honorable Donald
April 16, 2009.................
550380
(09-05-1751P).
5, 2009; The
McGee, President,
Baldwin Bulletin.
Village of Baldwin, P.O.
Box 97, Baldwin, WI 54002.
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')
Dated: June 9, 2009.
Edward L. Connor,
Acting Assistant Administrator, Mitigation Directorate, Department of
Homeland Security, Federal Emergency Management Agency.
FR Doc. E9-14278 Filed 6-16-09; 8:45 am
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