Federal Register: March 25, 2009 (Volume , Number )
DOCID: fr25mr09-27 FR Doc E9-6573
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
CFR Citation: 44 CFR Part 65
Docket ID: [Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1030]
NOTICE: RULES
DOCID: fr25mr09-27
DOCUMENT ACTION: Interim rule.
SUBJECT CATEGORY:
Changes in Flood Elevation Determinations
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 90day period.
DOCUMENT SUMMARY:
This interim rule lists communities where modification of the Base (1% annualchance) 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.
SUMMARY:
Changes in Flood Elevation Determinations,
SUPPLEMENTAL 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
[[Page 12641]]
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 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.
Accordingly, 44 CFR part 65 is amended to read as follows:
PART 65[AMENDED]
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]
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. Alabama:
Elmore........................ City of Millbrook (08 December 11, 2008, The Honorable Al Kelley, April 17, 2009................. 010370 043794P). December 18, 2008, Mayor, City of The Millbrook Millbrook, 5010 Independent. Brownswood Circle, Millbrook, AL 36054.
Montgomery.................... City of Montgomery December 11, 2008, The Honorable Bobby N. April 17, 2009................. 010174 (07043037P). December 18, 2008, Bright, Mayor, City of Montgomery Montgomery, P.O. Box Advertiser. 1111, Montgomery, AL 36101. Arizona: Coconino................. City of Flagstaff (08 December 15, 2008, The Honorable Sara November 28, 2008.............. 040020 091360P). December 22, 2008, Presler, Mayor, City of Arizona Daily Sun. Flagstaff, 211 West Aspen Avenue, Flagstaff, AZ 86001. Colorado:
Garfield...................... Unincorporated areas August 14, 2008, The Honorable December 19, 2008.............. 080205 of Garfield County August 21, 2008, Tr[eacute]si Houpt, (07080852P). Citizen Telegram. Chairman, Garfield County Board of Commissioners, 108 Eighth Street, Glenwood Springs, CO 81601.
Garfield...................... City of Rifle (0708 August 14, 2008, The Honorable John Hier, December 19, 2008.............. 085078 0852P). August 21, 2008, City Manager, City of Citizen Telegram. Rifle, 202 Railroad Avenue, Rifle, CO 81650. Florida: Collier.................. City of Marco Island December 8, 2008, The Honorable William D. April 14, 2009................. 120426 (08045939P). December 15, 2008, Trotter, Chairman, City Naples Daily News. Council, City of Marco Island, 50 Bald Eagle Drive, Marco Island, FL 34145. Georgia: Columbia................. Unincorporated areas December 14, 2008, The Honorable Ron C. April 20, 2009................. 130059 of Columbia County December 21, 2008, Cross, Chairman, (08044889P). The Columbia County Columbia County Board of News Times. Commissioners, P.O. Box 498, Evans, GA 30809. Maryland:
Carroll and Frederick......... Unincorporated areas December 15, 2008, The Honorable Julia April 21, 2009................. 240015 of Carroll County December 22, 2008, Gouge, President, (08031713P). Carroll County Carroll County Board of Times. Commissioners, 225 North Center Street, Westminster, MD 21157.
Carroll and Frederick......... Unincorporated areas December 12, 2008, The Honorable Jan April 21, 2009................. 240027 of Frederick County December 19, 2008, Gardner, President, (08031713P). Frederick News Post. Frederick County Board of Commissioners, 12 East Church Street, Frederick, MD 21701. Missouri:
Stoddard...................... City of Dexter (0707 February 14, 2008, The Honorable Joe E. May 22, 2008................... 290424 1785P). February 21, 2008, Weber, Mayor, City of Daily Statesman. Dexter, 301 East Stoddard Street, Dexter, MO 63841.
Stoddard...................... Unincorporated areas February 14, 2008, Mr. Greg Mathis, May 22, 2008................... 290845 of Stoddard County February 21, 2008, Presiding Commissioner, (07071785P). Daily Statesman. Stoddard County, P.O. Box 110, Bloomfield, MO 638250110. New Hampshire: Cheshire........... City of Keene (0801 February 28, 2008, The Honorable Philip Dale March 20, 2008................. 330023 0182P). March 6, 2008, The Pregent, Mayor, City of Keene Sentinel. Keene, Three Washington Street, Keene, NH 03431. North Carolina:
Alamance...................... Unincorporated areas December 10, 2008, Mr. David I. Smith, April 16, 2009................. 370001 of Alamance County December 17, 2008, Manager, Alamance (08044817P). The TimesNews. County, Alamance County Office Building, 124 West Elm Street, Graham, NC 27253.
Randolph...................... City of Archdale (08 December 4, 2008, The Honorable Bert Lance November 13, 2008.............. 370273
044163P). December 11, 2008, Stone, Mayor, City of
The Archdale Archdale, 307 Balfour
TrinityNews. Drive, P.O. Box 14068,
Archdale, NC 27263. [[Page 12642]]
Pennsylvania: Berks............... Township of December 11, 2008, The Honorable Todd April 17, 2009................. 421057
Colebrookdale (0803 December 18, 2008, Gamler, President,
1560P). The Boyertown Area Township of
Times. Colebrookdale Board of
Commissioners, 765 West
Philadelphia Avenue,
Boyertown, PA 19512. Texas:
Denton........................ City of Denton (0806 December 10, 2008, The Honorable Mark A. April 16, 2009................. 480194 2890P). December 17, 2008, Burroughs, Mayor, City Denton Record of Denton, 215 East Chronicle. McKinney Street, Denton, TX 76201.
Harris........................ Unincorporated areas December 11, 2008, The Honorable Ed Emmett, November 28, 2008.............. 480287 of Harris County (07 December 18, 2008, Harris County Judge, 061885P). Houston Chronicle. 1001 Preston Street, Suite 911, Houston, TX 77002.
Harris........................ Unincorporated areas December 4, 2008, The Honorable Ed Emmett, April 10, 2009................. 480287 of Harris County (08 December 11, 2008, Harris County Judge, 061677P). Houston Chronicle. 1001 Preston Street, Suite 911, Houston, TX 77002.
Johnson....................... City of Burleson (08 December 10, 2008, The Honorable Kenneth April 16, 2009................. 485459 063114P). December 17, 2008, Shetter, Mayor, City of Burleson Star. Burleson, 141 West Renfro Street, Burleson, TX 76028.
Johnson....................... Unincorporated areas December 10, 2008, The Honorable Roger December 29, 2008.............. 480879 of Johnson County December 17, 2008, Harmon, Judge, Johnson (08061603P). Cleburne Times County, One North Main Review. Street, Suite 304, Cleburne, TX 76031.
Johnson....................... Unincorporated areas December 10, 2008, The Honorable Roger April 16, 2009................. 480879
of Johnson County December 17, 2008, Harmon, Johnson County
(08063114P). Cleburne Times Judge, Two North Mill
Review. Street, Room 201,
Cleburne, TX 76033.
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'')
Dated: January 6, 2009.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. E96573 Filed 32409; 8:45 am]
BILLING CODE 911012P
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) 6463151.