Changes in Flood Elevation Determinations
Federal Register: November 10, 2009 (Volume 74, Number 216)
Rules and Regulations
Page 57921-57923
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID:fr10no09-12
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency 44 CFR Part 65
Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1063
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 FEMA Assistant
Administrator for Mitigation 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: Kevin C. Long, Engineering Management
Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-2820.
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
Page 57922
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.
Idaho: Teton...................... Unincorporated areas May 21, 2009; May
The Honorable Larry
September 25, 2009.............
160230 of Teton County (08- 28, 2009; Teton
Young, Chairman, Teton 10-0585P).
Valley News.
County, Board of
Commissioners, P.O. Box 756, Driggs, ID 83422.
Minnesota:
Olmsted....................... Unincorporated areas May 26, 2009; June
The Honorable Ken Brown, May 15, 2009...................
270626 of Olmsted County
2, 2009; Post-
Commissioner, c/o County
(09-05-1227P).
Bulletin.
Administration, 151 4th
Street Southeast,
Rochester, MN 55904.
Olmsted....................... City of Rochester (09- May 26, 2009; June
The Honorable Ardell F.
May 15, 2009...................
275246 05-1227P).
2, 2009; Post-
Brede, Mayor, City of
Bulletin.
Rochester, 201 4th
Street Southeast, Room 281, Rochester, MN 55904.
Stearns....................... City of Cold Springs June 2, 2009; June
The Honorable Doug
October 7, 2009................
270444
(09-05-2287P).
9, 2009; Cold
Schmitz, Mayor, City of
Springs Record.
Cold Spring, 12 11th
Avenue North, Cold
Spring, MN 56320.
Missouri: Jefferson............... Unincorporated areas June 4, 2009; June
Mr. Chuck Banks,
May 28, 2009...................
290808 of Jefferson County 11, 2009; Jefferson Jefferson County
(09-07-0429P).
County Leader.
Executive, Jefferson
County, P.O. Box 100,
Hillsboro, MO 63050.
Montana: Flathead................. Unincorporated areas May 26, 2009; June
The Honorable Dale
September 30, 2009.............
300023 of Flathead County
2, 2009; Daily
Lauman, Chairman,
(09-08-0251P).
Inter Lake.
Flathead County Board of
Commissioners, 800 South
Main Street, Kalispell,
MT 59901.
New Mexico: Sandoval.............. City of Rio Rancho
June 5, 2009; June
The Honorable Thomas E.
May 26, 2009...................
350146
(09-06-0561P).
12, 2009;
Swisstack, Mayor, City
Albuquerque Journal. of Rio Rancho, 3200
Civic Center Circle
Northeast, Rio Rancho,
NM 87144.
South Carolina:
Aiken......................... Unincorporated areas May 8, 2009; May 15, The Honorable Ronnie
April 30, 2009.................
450002 of Aiken County (09- 2009; Aiken
Young, Council Chairman, 04-1792P).
Standard.
Aiken County Council, 736 Richland Avenue
West, Aiken, SC 29801.
Aiken......................... City of North Augusta May 8, 2009; May 15, The Honorable Lark W.
April 30, 2009.................
450007
(09-04-1792P).
2009; Aiken
Jones, Mayor, City of
Standard.
North Augusta, Post
Office Box 6400, North
Augusta, SC 29861.
South Dakota: Lawrence............ City of Deadwood (09- June 3, 2009; June
The Honorable Francis A. October 8, 2009................
460045 08-0225P).
10, 2009; Lawrence
Toscana, Mayor, City of
County Journal.
Deadwood, P.O. Box 413,
Deadwood, SD 57732.
Texas: Kerr....................... City of Kerrville (09- May 11, 2009; May
The Honorable Todd Bock, September 15, 2009.............
480420 06-0116P).
18, 2009; Kerrville Mayor, City of
Daily Times.
Kerrville, 800 Junction
Highway, Kerrville, TX 78028.
Utah: Davis....................... City of Centerville
May 26, 2009; June
The Honorable Ronald G.
May 12, 2009...................
490040
(07-08-0754P).
2, 2009; Salt Lake
Russell, Mayor, City of
Tribune.
Centerville, 73 West
Ricks Creek Way,
Centerville, UT 84014.
Virginia:
Rockingham.................... Town of Bridgewater
May 21, 2009; May
Mr. Bob F. Holton, Town
May 12, 2009...................
510134
(09-03-0163P).
28, 2009; Daily
Superintendent, Town of
News Record.
Bridgewater, 201 Green
Street, Bridgewater, VA 22812.
Rockingham.................... Unincorporated areas May 21, 2009; May
Mr. Joseph F. Paxton,
May 12, 2009...................
510133 of Rockingham County 28, 2009; Daily
County Administrator,
(09-03-0163P).
News Record.
Rockingham County, 20
East Gay Street,
Harrisonburg, VA 22801.
Page 57923
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')
Deborah S. Ingram,
Acting Deputy Assistant Administrator for Mitigation, Mitigation
Directorate, Department of Homeland Security, Federal Emergency
Management Agency.
FR Doc. E9-27111 Filed 11-9-09; 8:45 am
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