Federal Register, Volume 74 Issue 87 (Thursday, May 7, 2009)

[Federal Register Volume 74, Number 87 (Thursday, May 7, 2009)]
[Rules and Regulations]
[Pages 21271-21272]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-10635]

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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
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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