[Federal Register: October 27, 2009 (Volume 74, Number 206)] [Rules and Regulations] [Page 55156-55158] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr27oc09-21] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 65 Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1067] 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 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 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: -------------------------------------------------------------------------------------------------------------------------------------------------------- Date and name of State and county Location and case newspaper where Chief executive officer Effective date of modication Community No. No. notice was published of community -------------------------------------------------------------------------------------------------------------------------------------------------------- Alabama: Shelby.................. City of Montevallo June 11, 2009; June The Honorable Ben October 16, 2009.............. 010349 (08-04-6211P). 18, 2009; The McCrory, Mayor, City of Birmingham News. Montevallo, 545 Main Street, Montevallo, AL 35115. California: [[Page 55157]] San Bernardino............... City of Redlands (09- June 11, 2009; June The Honorable Jon May 29, 2009.................. 060279 09-0076P). 18, 2009; Redlands Harrison, Mayor, City of Daily Facts. Redlands, 35 Cajon Street, Suite 200, Redlands, CA 92373. San Diego.................... City of San Diego June 10, 2009; June The Honorable Jerry October 15, 2009.............. 060295 (09-09-0194P). 17, 2009; San Diego Sanders, Mayor, San Transcript. Diego County, 202 C Street, 11th Floor, San Diego, CA 92101. San Diego.................... Unincorporated areas June 17, 2009; June The Honorable Dianne October 22, 2009.............. 060284 of San Diego County 24, 2009; San Diego Jacob, Chairwoman, San (09-09-0374P). Transcript. Diego County Board of Supervisors, 1600 Pacific Highway, Room 335, San Diego, CA 92101. Ventura...................... City of Oxnard (09- June 11, 2009; June The Honorable Thomas May 29, 2009.................. 060417 09-1399P). 18, 2009; Ventura Holden, Mayor, City of Star. Oxnard, 300 West 3rd Street, Oxnard, CA 93030. Colorado: Adams & Arapahoe....... City of Aurora (09- June 11, 2009; June The Honorable Ed Tauer, October 16, 2009.............. 080002 08-0361P). 18, 2009; Aurora Mayor, City of Aurora, Sentinel. 15151 East Alameda Parkway, Aurora, CO 80012. Connecticut: Hartford..................... Town of Farmington March 23, 2009; The Honorable Michael July 28, 2009................. 090029 (09-01-0125P). March 30, 2009; The Clark, Chair, Town of Hartford Courant. Farmington Council, 1 Monteith Drive, Farmington, CT 06032. New Haven.................... Town of Branford (09- June 11, 2009; June The Honorable Anthony May 29, 2009.................. 090073 01-0507P). 18, 2009; Branford DaRos, First Selectman, Sound. Town of Branford, P.O. Box 150, Branford, CT 06405. Colorado: Douglas...................... Unincorporated areas May 21, 2009; May The Honorable Jack September 25, 2009............ 080049 of Douglas County 28, 2009; Douglas Hilbert, Chairman, (09-08-0431P). County News Press. Douglas County Board of Commissioners, 100 3rd Street, Castle Rock, CO 80104. Douglas...................... Town of Parker (09- May 21, 2009; May The Honorable David September 25, 2009............ 080310 08-0431P). 28, 2009; Douglas Casiano. Mayor, Town of County News Press. Parker, 20120 East Main Street, Parker, CO 80138. Summit....................... Town of Silverthorne June 5, 2009; June The Honorable David Koop, May 22, 2009.................. 080201 (08-08-0785P). 12, 2009; Summit Mayor, Town of County Journal. Silverthorne, P.O. Box 1309, Silverthorne, CO 80498. Delaware: New Castle............. Unincorporated areas June 9, 2009; June Mr. Christopher Coons, October 13, 2009.............. 105085 of New Castle 16, 2009; The News County Executive, New County (09-03- Journal. Castle County, 87 Reads 0923P). Way Corporate Commons, New Castle, DE 19720. Florida: Lee..................... Unincorporated areas June 8, 2009; June The Honorable Ray Judah, May 27, 2009.................. 125124 of Lee County (09- 15, 2009; Fort Chairman, Lee County, 04-3111P). Myers News-Press. Board of Commissioners, Post Office Box 398, Fort Myers, FL 33902. Georgia: Columbia..................... Unincorporated areas June 14, 2009; June The Honorable Ron C. May 29, 2009.................. 130059 of Columbia County 21, 2009; Columbia Cross, Chairman, (09-04-2902P). County News Times. Columbia County Board of Commissioners, P.O. Box 498, Evans, GA 30809. Columbia..................... City of Grovetown June 14, 2009; June The Honorable George W. May 29, 2009.................. 130265 (09-04-2902P). 21, 2009; Columbia James III, Mayor, City County News Times. of Grovetown, 201 Williams Street, Grovetown, GA 30813. Idaho: Canyon.................... Unincorporated areas May 11, 2009; May The Honorable David April 30, 2009................ 160208 of Canyon County 18, 2009; Idaho Ferdinand, Chairman, (08-10-0685P). Press Tribune. Canyon County Board of Commissioners, 1115 Albany Street, Caldwell, ID 83605. Kansas: Sedgwick..................... Unincorporated areas April 20, 2009, The Honorable Kelly August 25, 2009............... 200321 of Sedgwick County April 27, 2009, Parks, Chairman, (08-07-1331P). Wichita Eagle. Sedgwick County Board of Commissioners, County Courthouse, 525 North Main Street, Wichita, KS 67203. Sedgwick..................... City of Valley April 20, 2009; The Honorable Michael D. August 25, 2009............... 200327 Center (08-07- April 27, 2009; McNown, Mayor, City of 1331P). Wichita Eagle. Valley Center, P.O. Box 188, Valley Center, KS 67147. Michigan: Macomb................. Township of Shelby June 21, 2009; June The Honorable Richard October 19, 2009.............. 260126 (09-05-0484P). 28, 2009; The Stathakis, Supervisor, Source. Shelby Township, 52700 Van Dyke Avenue, Shelby Township, MI 48316. Nebraska: Lincoln................ City of North Platte June 25, 2009; July The Honorable Marc June 15, 2009................. 310143 (09-07-1206P). 2, 2009; North Kaschke, Mayor, City of Platte Telegraph. North Platte, 211 West 3rd Street, North Platte, NE 69101. Ohio: Lucas...................... City of Toledo (09- June 3, 2009; June The Honorable Carleton S. May 21, 2009.................. 395373 05-0642P). 10, 2009; Toledo Finkbeiner, Mayor, City Blade. of Toledo, 1 Government Center, 640 Jackson Street, Suite 2200, Toledo, OH 43604. Tennessee: Wilson................ City of Mt. Juliet June 19, 2009; June The Honorable Linda Elam, June 10, 2009................. 470290 (09-04-1406P). 26, 2009; Lebanon Mayor, City of Mount Democrat. Juliet, 2425 North Mount Juliet Road, Mount Juliet, TN 37122. Texas: Bexar........................ City of San Antonio June 10, 2009; June The Honorable Phil October 15, 2009.............. 480045 (09-06-0261P). 17, 2009; San Hardberger, Mayor, City Antonio Express of San Antonio, P.O. Box News. 839966, San Antonio, TX 78283. [[Page 55158]] Cherokee..................... City of Jacksonville June 9, 2009; June The Honorable Robert N. October 14, 2009.............. 480123 (09-06-0483P). 16, 2009; Haberle, Mayor, City of Jacksonville Daily Jacksonville, P.O. Box Progress. 1390, Jacksonville, TX 75766. Tarrant...................... City of Fort Worth April 3, 2009, April The Honorable Michael J. March 25, 2009................ 480596 (09-06-1123P). 10, 2009, Fort Moncrief, Mayor, City of Worth Star Telegram. Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102. -------------------------------------------------------------------------------------------------------------------------------------------------------- (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. E9-25860 Filed 10-26-09; 8:45 am] BILLING CODE 9110-12-P
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