
[Federal Register: May 7, 2009 (Volume 74, Number 87)]
[Rules and Regulations]               
[Page 21271-21272]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07my09-11]                         

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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-1048]

 
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 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:


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                                                           Date and name of
         State and county            Location and case      newspaper where     Chief executive officer          Effective date of         Community No.
                                            No.          notice was published         of community                 modification
--------------------------------------------------------------------------------------------------------------------------------------------------------
Arizona: Yavapai.................  City of Cottonwood    March 13, 2009;       The Honorable Diane        July 20, 2009.................          040096
                                    (08-09-1293P).        March 20, 2009;       Joens, Mayor, City of
                                                          Prescott Daily        Cottonwood, 827 North
                                                          Courier.              Main Street, Cottonwood,
                                                                                AZ 86326.
Colorado:
    Boulder......................  City of Longmont (08- March 12, 2009;       The Honorable Roger        July 17, 2009.................          080027
                                    08-0011P).            March 19, 2009;       Lange, Mayor, City of
                                                          Longmont Times-Call.  Longmont, 350 Kimbark
                                                                                Street, Longmont, CO
                                                                                80501.
    El Paso......................  Unincorporated areas  March 18, 2009;       The Honorable Dennis       July 23, 2009.................          080059
                                    of El Paso County     March 25, 2009; El    Hisey, Chairman, El Paso
                                    (08-08-0541P).        Paso County           County, Board of
                                                          Advertiser.           Commissioners, 27 East
                                                                                Vermijo Avenue, Colorado
                                                                                Springs, CO 80903-2208.
    Jefferson....................  City of Westminster   March 12, 2009;       The Honorable Nancy        July 17, 2009.................          080008
                                    (09-08-0055P).        March 19, 2009;       McNally, Mayor, City of
                                                          Westminster Window.   Westminster, 4800 West
                                                                                92nd Avenue,
                                                                                Westminster, CO 80031.

[[Page 21272]]


    Teller.......................  Unincorporated areas  March 11, 2009;       The Honorable James        July 16, 2009.................          080173
                                    of Teller County      March 18, 2009;       Ignatius, Chairman,
                                    (08-08-0921P).        Pikes Peak Courier    Teller County, Board of
                                                          View.                 Commissioners, 112 North
                                                                                A Street, Cripple Creek,
                                                                                CO 80813.
    Teller.......................  Town of Woodland      March 11, 2009;       The Honorable Steve        July 16, 2009.................          080175
                                    Park (08-08-0921P).   March 18, 2009;       Randolph, Mayor, City of
                                                          Pikes Peak Courier    Woodland Park, 220 West
                                                          View.                 South Avenue, Woodland
                                                                                Park, CO 80866.
Georgia:
    Barrow.......................  Unincorporated areas  March 25, 2009;       The Honorable Daniel       July 30, 2009.................          130497
                                    of Barrow County      April 1, 2009;        Yearwood Jr., Chairman,
                                    (07-04-5359P).        Barrow County News.   Barrow County, Board of
                                                                                Commissioners, 233 East
                                                                                Broad Street, Winder, GA
                                                                                30680.
    Columbia.....................  Unincorporated areas  March 15, 2009;       The Honorable Ron C.       July 20, 2009.................          130059
                                    of Columbia County    March 22, 2009;       Cross, Chairman,
                                    (08-04-3574P).        Columbia County       Columbia County, Board
                                                          News-Times.           of Commissioners, P.O.
                                                                                Box 498, Evans, GA 30809.
Hawaii: Hawaii...................  Unincorporated areas  March 12, 2009;       The Honorable William P.   July 17, 2009.................          155166
                                    of Hawaii County      March 19, 2009;       Kenoi, Mayor, Hawaii
                                    (08-09-1568P).        Hawaii Tribune-       County, 25 Aupuni
                                                          Herald.               Street, Hilo, HI 96720.
Illinois: McHenry................  Village of Algonquin  March 20, 2009;       The Honorable John         July 27, 2009.................          170474
                                    (08-05-3751P).        March 27, 2009;       Schmitt, President,
                                                          Northwest Herald.     Village of Algonquin,
                                                                                2200 Harnish Drive,
                                                                                Algonquin, IL 60102.
Missouri: St. Charles............  City of St. Peters    March 13, 2009;       The Honorable Len Pagano,  July 20, 2009.................          290319
                                    (08-07-1439P).        March 20, 2009; St.   Mayor, City of St.
                                                          Louis Post Dispatch.  Peters, One St. Peters
                                                                                Centre Boulevard, St.
                                                                                Peters, MO 63376.
Ohio: Lorain.....................  City of Avon Lake     March 12, 2009;       The Honorable Karl J.      February 27, 2009.............          390602
                                    (08-05-5004P).        March 19, 2009;       Zuber, Mayor, City of
                                                          Morning Journal.      Avon Lake, 150 Avon
                                                                                Belden Road, Avon Lake,
                                                                                OH 44012.
Oregon: Lane.....................  Unincorporated areas  March 20, 2009;       The Honorable Faye         July 27, 2009.................          415591
                                    of Lane County (08-   March 27, 2009; The   Stewart II, Chairman,
                                    10-0649P).            Register-Guard.       Lane County, Board of
                                                                                Commissioners, Lane
                                                                                County Public Service
                                                                                Building, 125 East
                                                                                Eighth Street, Eugene,
                                                                                OR 97401.
South Carolina:
    Jasper.......................  Town of Hardeeville   February 4, 2009;     The Honorable A. Brooks    June 11, 2009.................          450113
                                    (07-04-6247P).        February 11, 2009;    Willis, Mayor, Town of
                                                          Jasper County Sun.    Hardeeville, 205 East
                                                                                Main Street,
                                                                                Hardeeville, SC 29927.
    Jasper.......................  Unincorporated areas  February 4, 2009;     The Honorable George       June 11, 2009.................          450112
                                    of Jasper County      February 11, 2009;    Hood, Chairman, Jasper
                                    (07-04-6247P).        Jasper County Sun.    County Council, P.O. Box
                                                                                1149, Ridgeland, SC
                                                                                29936.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')

    Dated: April 30, 2009.
Deborah S. Ingram,
Acting Deputy Assistant Administrator for Mitigation, Department of 
Homeland Security, Federal Emergency Management Agency.
[FR Doc. E9-10635 Filed 5-6-09; 8:45 am]

BILLING CODE 9110-12-P
