[Federal Register Volume 74, Number 56 (Wednesday, March 25, 2009)]
[Rules and Regulations]
[Pages 12655-12657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6672]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1033]


Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Interim rule.

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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 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:

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                                                              Date and name of
         State and county           Location and Case No.     newspaper where     Chief executive officer of    Effective date of       Community No.
                                                            notice was published           community               modification
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Arizona: Apache...................  Town of Eager (08-09-  October 24, 2008;      The Honorable Bill          March 2, 2009........  040103
                                     0712P).                October 31, 2008;      Greenwood, Town Manager,
                                                            White Mountain         Town of Eager, P.O. Box
                                                            Independent.           1300, Eager, AZ 85925.
Arizona: Maricopa.................  Town of Cave Creek     December 18, 2008;     The Honorable Vincent       April 24, 2009.......  040129
                                     (08-09-1202P).         December 25, 2008;     Francia, Mayor, Town of
                                                            Arizona Business       Cave Creek, 5140 East New
                                                            Gazette.               River Road, Cave Creek,
                                                                                   AZ 85331.
Arizona: Maricopa.................  Unincorporated areas   December 18, 2008;     The Honorable Andrew W.     April 24, 2009.......  040037
                                     of Maricopa County     December 25, 2008;     Kunasek, Chairman,
                                     (08-09-1202P).         Arizona Business       Maricopa County, Board of
                                                            Gazette.               Supervisors, 301 West
                                                                                   Jefferson Street, 10th
                                                                                   Floor, Phoenix, AZ 85003.

[[Page 12656]]

 
Arizona: Maricopa.................  City of Phoenix (08-   December 18, 2008;     The Honorable Phil Gordon,  November 28, 2008....  040051
                                     09-1412P).             December 25, 2008;     Mayor, City of Phoenix,
                                                            Arizona Business       200 West Washington
                                                            Gazette.               Street, 11th Floor,
                                                                                   Phoenix, AZ 85003.
Colorado: Douglas.................  Unincorporated areas   December 4, 2008;      The Honorable Melanie A.    April 10, 2009.......  080049
                                     of Douglas County      December 11, 2008;     Worley, Chairperson,
                                     (07-08-0979P).         Douglas County News-   Douglas County, Board of
                                                            Press.                 County Commissioners, 100
                                                                                   Third Street, Castle
                                                                                   Rock, CO 80104.
Colorado: El Paso.................  Town of Palmer Lake    December 3, 2008;      The Honorable John          April 10, 2009.......  080065
                                     (07-08-0979P).         December 10, 2008;     Cressman, Mayor, Town of
                                                            The Tribune.           Palmer Lake, P.O. Box
                                                                                   208, Palmer Lake, CO
                                                                                   80133.
Delaware: New Castle..............  Unincorporated areas   December 18, 2008;     The Honorable Christopher   April 17, 2009.......  105085
                                     of New Castle County   December 25, 2008;     Coons, New Castle County
                                     (08-03-1537P).         The News Journal.      Executive, 87 Reads Way,
                                                                                   New Castle, DE 19720.
Florida: Duval....................  City of Jacksonville   December 26, 2008;     The Honorable Fland Sharp,  December 22, 2008....  120078
                                     Beach (08-04-6323P).   January 2, 2009; The   Mayor, City of
                                                            Beaches Leader.        Jacksonville Beach, 11
                                                                                   North Third Street,
                                                                                   Jacksonville Beach, FL
                                                                                   32250.
Georgia: Barrow...................  Unincorporated areas   December 10, 2008;     Mr. Douglas H. Garrison,    April 16, 2009.......  130497
                                     of Barrow County (08-  December 17, 2008;     Chairman, Barrow County,
                                     04-5370P).             The Barrow County      Board of Commissioners
                                                            News.                  233 East Broad Street,
                                                                                   Winder, GA 30680.
Georgia: Hall.....................  Unincorporated areas   December 11, 2008;     Mr. Tom Oliver, Chairman,   April 17, 2009.......  130466
                                     of Hall County (08-    December 18, 2008;     Hall County, Board of
                                     04-4322P).             Gainesville Times.     Commissioners, P.O. Box
                                                                                   1435, Gainesville, GA
                                                                                   30503.
Georgia: Jackson..................  Unincorporated areas   December 10, 2008;     Ms. Pat Bell, Chairperson,  April 17, 2009.......  130345
                                     of Jackson County      December 17, 2008;     Jackson County Board of
                                     (08-04-4322P).         The Jackson Herald.    Commissioners, 67 Athens
                                                                                   Street, Jefferson, GA
                                                                                   30549.
Georgia: Jackson..................  Unincorporated areas   December 10, 2008;     Ms. Pat Bell, Chairman,     April 16, 2009.......  130345
                                     of Jackson County      December 17, 2008;     Jackson County Board of
                                     (08-04-5370P).         The Jackson Herald.    Commissioners, 67 Athens
                                                                                   Street, Jefferson, GA
                                                                                   30549.
Idaho: Ada........................  Unincorporated areas   December 22, 2008;     The Honorable Fred Tilman,  April 28, 2009.......  160001
                                     of Ada County (08-10-  December 29, 2008;     Chairman, Ada County
                                     0528P).                Idaho Statesman.       Board of Commissioners,
                                                                                   200 West Front Street,
                                                                                   Boise, ID 83702.
Idaho: Ada........................  City of Eagle (08-10-  December 22, 2008;     The Honorable Phil Brandy,  April 28, 2009.......  160003
                                     0528P).                December 29, 2008;     Mayor, City of Eagle,
                                                            Idaho Statesman.       P.O. Box 1520, Eagle, ID
                                                                                   83616.
Ohio: Licking.....................  City of Newark (08-05- December 8, 2008;      The Honorable Bob Diebold,  April 14, 2009.......  390335
                                     4680P).                December 15, 2008;     Mayor, City of Newark, 40
                                                            The Newark Advocate.   West Main Street, Newark,
                                                                                   OH 43055.
Pennsylvania: Chester.............  Township of            December 30, 2008;     The Honorable John L.       May 6, 2009..........  421474
                                     Birmingham (08-03-     January 6, 2009; The   Conklin, Chairman,
                                     1499P).                Daily Local News.      Birmingham Township Board
                                                                                   of Supervisors, 1040 West
                                                                                   Street Road, West
                                                                                   Chester, PA 19382-8012.
Texas: Collin.....................  Unincorporated areas   December 5, 2008;      The Honorable Keith Self,   April 13, 2009.......  480130
                                     of Collin County (08-  December 12, 2008;     Collin County Judge, 210
                                     06-1493P).             McKinney Courier-      South McDonald Street,
                                                            Gazette.               Suite 626, McKinney, TX
                                                                                   75069.
Texas: Collin.....................  City of Lowry          December 5, 2008;      The Honorable Gary Piatt,   April 13, 2009.......  481631
                                     Crossing (08-06-       December 12, 2008;     Mayor, City of Lowry
                                     1493P).                McKinney Courier-      Crossings, 1405 South
                                                            Gazette.               Bridge Farmer Rd,
                                                                                   McKinney, TX 75069.
Texas: Collin.....................  City of McKinney (08-  December 5, 2008;      The Honorable Bill          April 13, 2009.......  480135
                                     06-1493P).             December 12, 2008;     Whitfield, Mayor, City of
                                                            McKinney Courier-      McKinney, 222 North
                                                            Gazette.               Tennessee, McKinney, TX
                                                                                   75069.
Texas: Collin.....................  City of McKinney (08-  December 8, 2008;      The Honorable Bill          April 14, 2009.......  480135
                                     06-1994P).             December 15, 2008;     Whitfield, Mayor, City of
                                                            McKinney Courier-      McKinney, 222 North
                                                            Gazette.               Tennessee, McKinney, TX
                                                                                   75069.
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[[Page 12657]]

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')

    Dated: January 22, 2009.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of 
Homeland Security, Federal Emergency Management Agency.
 [FR Doc. E9-6672 Filed 3-24-09; 8:45 am]
BILLING CODE 9110-12-P