
[Federal Register: April 13, 2009 (Volume 74, Number 69)]
[Rules and Regulations]               
[Page 16783-16785]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13ap09-12]                         

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1044]

 
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

[[Page 16784]]

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: Pinal....................  City of Casa Grande    February 20, 2009;    The Honorable Robert M.    February 10, 2009..............       040080
                                     (08-09-1919P).         February 27, 2009;    Jackson, Mayor, City of
                                                            Casa Grande           Casa Grande, 510 East
                                                            Dispatch.             Florence Boulevard, Casa
                                                                                  Grande, AZ 85222.
California:
    San Bernardino................  Town of Apple Valley   February 13, 2009;    The Honorable Mark Shoup,  June 19, 2009..................       060752
                                     (08-09-1552P).         February 20, 2009;    Mayor, City of Apple
                                                            Apple Valley News.    Valley, 14955 Dale Evans
                                                                                  Parkway, Apple Valley,
                                                                                  CA 92307.
    San Bernardino................  City of Hesperia (08-  February 12, 2009;    The Honorable Tad          June 19, 2009..................       060733
                                     09-1552P).             February 19, 2009;    Honeycutt, Mayor, City
                                                            Hesperia Resorter.    of Hesperia, 9700
                                                                                  Seventh Avenue,
                                                                                  Hesperia, CA 92345.
    San Bernardino................  Unincorporated areas   February 13, 2009;    The Honorable Paul Biane,  June 19, 2009..................       060270
                                     of San Bernardino      February 20, 2009;    Chairman, San Bernardino
                                     County (08-09-1552P).  San Bernardino        County Board of
                                                            Bulletin.             Supervisors, 385 North
                                                                                  Arrowhead Avenue, Fifth
                                                                                  Floor, San Bernardino,
                                                                                  CA 92415-0110.
Georgia: Gwinnett.................  Unincorporated areas   January 2, 2009;      The Honorable Charles E.   May 11, 2009...................       130322
                                     of Gwinnett County     January 9, 2009;      Bannister, Chairman,
                                     (08-04-6361P).         Gwinnett Daily Post.  Gwinnett County Board of
                                                                                  Commissioners, 75
                                                                                  Langley Drive,
                                                                                  Lawrenceville, GA 30045.
Indiana: Hamilton.................  City of Carmel (08-05- February 26, 2009;    The Honorable James        July 6, 2009...................       180081
                                     5476P).                March 5, 2009;        Brainard, Mayor, City of
                                                            Noblesville Ledger.   Carmel, One Civic
                                                                                  Square, Carmel, IN 46032.
Kentucky: Louisville-Jefferson....  Louisville-Jefferson   November 14, 2008;    The Honorable Jerry E.     March 23, 2009.................       210120
                                     County Metropolitan    November 21, 2008;    Abramson, Mayor,
                                     Government (08-04-     The Courier Journal.  Louisville-Jefferson
                                     3793P).                                      County Metropolitan
                                                                                  Government, 527 West
                                                                                  Jefferson Street,
                                                                                  Louisville, KY 40202.
Nevada: Clark.....................  Unincorporated areas   February 20, 2009;    The Honorable Rory Reid,   June 29, 2009..................       320003
                                     of Clark County (09-   February 27, 2009;    Chair, Clark County
                                     09-0318).              Las Vegas Review      Board of Commissioners,
                                                            Journal.              500 South Grand Central
                                                                                  Parkway, Las Vegas, NV
                                                                                  89106.
North Carolina: Edgecombe.........  Town of Tarboro (08-   February 3, 2009;     Mr. Samuel W. Noble, Jr.,  January 27, 2009...............       370094
                                     04-1283P).             February 10, 2009;    Manager, Town of
                                                            The Daily             Tarboro, P.O. Box 220,
                                                            Southerner.           500 Main Street,
                                                                                  Tarboro, North Carolina
                                                                                  27886-0221.
Rhode Island: Newport.............  Town of Portsmouth     February 20, 2009;    The Honorable Dennis       February 9, 2009...............       445405
                                     (09-01-0279P).         February 27, 2009;    Canario, President,
                                                            Newport Daily News.   Portsmouth Town Council,
                                                                                  64 Birchwood Drive,
                                                                                  Portsmouth, RI 02871.
Tennessee: Nashville and Davidson.  Metropolitan           February 6, 2009;     The Honorable Karl Dean,   June 16, 2009..................       470040
                                     Government of          February 13, 2009;    Mayor, Metropolitan
                                     Nashville and          The Tennessean.       Government of Nashville
                                     Davidson County (08-                         and Davidson County, 100
                                     04-5048P).                                   Metro Courthouse,
                                                                                  Nashville, TN 37201.
Texas:
    Webb..........................  City of Laredo (08-06- February 6, 2009;     The Honorable Raul G.      June 15, 2009..................       480651
                                     2454P).                February 13, 2009;    Salinas, Mayor, City of
                                                            Laredo Morning        Laredo, 1110 Houston
                                                            Times.                Street, Laredo, TX 78040.
    Webb..........................  Unincorporated areas   February 6, 2009;     The Honorable Danny        June 15, 2009..................       481059
                                     of Webb County (08-    February 13, 2009;    Valdez, Webb County
                                     06-2740P).             Laredo Morning        Judge, Webb County
                                                            Times.                Courthouse, 1000 Houston
                                                                                  Street, Third Floor,
                                                                                  Laredo, TX 78040.
Utah:
    Salt Lake.....................  City of Riverton (08-  February 12, 2009;    The Honorable Bill         June 19, 2009..................       490104
                                     08-0716P).             February 19, 2009;    Applegarth, Mayor, City
                                                            Salt Lake Tribune.    of Riverton, 12765 South
                                                                                  1400 West, Riverton, UT
                                                                                  84065.

[[Page 16785]]


    Salt Lake.....................  City of South Jordan   February 12, 2009;    The Honorable William      June 19, 2009..................       490107
                                     (08-08-0716P).         February 19, 2009;    Kent Money, Mayor, City
                                                            Salt Lake Tribune.    of South Jordan, 1600
                                                                                  West Towne Center Drive,
                                                                                  South Jordan, UT 84095.
Washington: Spokane...............  Unincorporated areas   February 12, 2009;    The Honorable Todd         January 30, 2009...............       530174
                                     of Spokane County      February 19, 2009;    Mielke, Chairman,
                                     (08-10-0786P).         Spokesman Review.     Spokane County Board of
                                                                                  Commissioners, Spokane
                                                                                  County Courthouse, Room
                                                                                  300, 1116 West Broadway
                                                                                  Avenue, Spokane, WA
                                                                                  99260.
Wisconsin: Waukesha...............  Unincorporated areas   February 12, 2009;    The Honorable James T.     June 19, 2009..................       550476
                                     of Waukesha County     February 19, 2009;    Dwyer, Chairman,
                                     (08-05-4338P).         Waukesha Freeman.     Waukesha County Board of
                                                                                  Supervisors, 515 West
                                                                                  Moreland Boulevard,
                                                                                  Waukesha, WI 53188.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

    Dated: March 25, 2009.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of 
Homeland Security, Federal Emergency Management Agency.
[FR Doc. E9-8368 Filed 4-10-09; 8:45 am]

BILLING CODE 9110-12-P
