
[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]                         

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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-1063]

 
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 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:

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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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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.
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[[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]

BILLING CODE 9110-12-P
