
[Federal Register: March 25, 2009 (Volume 74, Number 56)]
[Rules and Regulations]               
[Page 12651-12653]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25mr09-31]                         

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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-1039]

 
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

[[Page 12652]]

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    Effective date of modification   Community
                                                           notice was published         of community                                             No.
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Arizona:
    Maricopa......................  Unincorporated areas   January 8, 2009;      The Honorable Andrew W.    May 15, 2009...................       040037
                                     of Maricopa County     January 15, 2009;     Kunasek, Chairman,
                                     (09-09-0381P).         Arizona Business      Maricopa County Board of
                                                            Gazette.              Supervisors, 301 West
                                                                                  Jefferson Street, 10th
                                                                                  Floor, Phoenix, AZ 85003.
    Maricopa......................  City of Tolleson (09-  January 8, 2009;      The Honorable Charles P.   May 15, 2009...................       040055
                                     09-0381P).             January 15, 2009;     Hayes, Mayor, City of
                                                            Arizona Business      Tolleson, 9555 West Van
                                                            Gazette.              Buren Street, Tolleson,
                                                                                  AZ 85353.
California:
    Riverside.....................  City of La Quinta (08- January 10, 2008;     The Honorable Donald       December 18, 2007..............       060709
                                     09-0307P).             January 17, 2008;     Adolph, Mayor, City of
                                                            The Press             La Quinta, P.O. Box
                                                            Enterprise.           1504, La Quinta, CA
                                                                                  92247.
    San Diego.....................  City of San Diego (08- January 23, 2009;     The Honorable Jerry        June 2, 2009...................       060295
                                     09-1767P).             January 30, 2009;     Sanders, Mayor, City of
                                                            San Diego             San Diego, 202 C Street,
                                                            Transcript.           11th Floor, San Diego,
                                                                                  CA 92101.
Colorado:
    Denver........................  City and County of     December 17, 2008;    The Honorable John W.      December 9, 2008...............       080046
                                     Denver (08-08-0948P).  December 24, 2008;    Hickenlooper, Mayor,
                                                            Rocky Mountain News.  City and County of
                                                                                  Denver, 1437 Bannock
                                                                                  Street, Suite 350,
                                                                                  Denver, CO 80202.
Indiana: Hamilton.................  Town of Fishers (08-   January 22, 2009;     The Honorable Christine    January 13, 2009...............       180423
                                     05-0876P).             January 29, 2009;     Altman, Hamilton County
                                                            Noblesville Ledger.   Board of Commissioners,
                                                                                  One Hamilton County
                                                                                  Square, Noblesville, IN
                                                                                  46060.
Missouri: Phelps..................  City of Rolla (08-07-  October 10, 2008;     The Honorable William      February 20, 2009..............       290285
                                     0803P).                October 16, 2008;     Jenks III, Mayor, City
                                                            Rolla Daily News.     of Rolla, P.O. Box 979,
                                                                                  Rolla, MO 65401.
North Carolina: Iredell...........  Iredell County         January 7, 2009;      Mr. Joel Mashburn,         May 14, 2009...................       370313
                                     (Unincorporated        January 14, 2009;     Manager, Iredell County,
                                     Areas) (08-04-2756P).  Statesville Record    P.O. Box 788,
                                                            & Landmark.           Statesville, NC 28687.
Ohio: Montgomery..................  Unincorporated areas   July 23, 2008; July   The Honorable Deborah A.   November 27, 2008..............       390775
                                     of Montgomery County   30, 2008; Englewood   Lieberman, County
                                     (08-05-2057P).         Independent.          Commissioner, 451 West
                                                                                  Third Street, 11th
                                                                                  Floor, Dayton, OH 45422.
Tennessee: Wilson.................  City of Mount Juliet   January 9, 2009;      The Honorable Linda C.     May 18, 2009...................       470290
                                     (08-04-4369P).         January 16, 2009;     Elam, Mayor, City of Mt.
                                                            Lebanon Democrat.     Juliet, P.O. Box 256,
                                                                                  Mt. Juliet, TN 37121.
Texas:
    Ellis.........................  City of Waxahachie     October 1, 2008;      The Honorable Ron          February 5, 2009...............       480211
                                     (08-06-1778P).         October 8, 2008;      Wilkinson, Mayor, City
                                                            Waxahachie Daily      of Waxahachie, P.O. Box
                                                            Light.                757, Waxahachie, TX
                                                                                  75168-0757.
    Hays..........................  City of Buda (07-06-   May 9, 2007; May 16,  The Honorable John Trube,  August 15, 2007................       481640
                                     1994P re-issues 0.6-   2007; Hays County     Mayor, City of Buda, P.
                                     06-B986P).             Free Press.           O. Box 1218, Buda, TX
                                                                                  78610.
    Hays..........................  Unincorporated areas   May 9, 2007; May 16,  The Honorable Jim Powers,  August 15, 2007................       480321
                                     of Hays County (07-    2007; Hays County     Hays County Judge, 111
                                     06-1994P re-issues     Free Press.           East San Antonio Street,
                                     0.6-06-B986P).                               Suite 300, San Marcos,
                                                                                  TX 78666.
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[[Page 12653]]

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

    Dated: February 25, 2009.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of 
Homeland Security, Federal Emergency Management Agency.
 [FR Doc. E9-6676 Filed 3-24-09; 8:45 am]

BILLING CODE 9110-12-P
