Federal Register: March 25, 2009 (Volume , Number )
DOCID: fr25mr09-32 FR Doc E9-6629
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-1042]
NOTICE: RULES
DOCID: fr25mr09-32
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 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: Madison................. Unincorporated areas February 6, 2009; The Honorable Mike June 15, 2009.................. 010151
of Madison County February 13, 2009; Gillespie, Chairman,
(09040502P). Madison County Madison County
Record. Commission, 6994
Courthouse 700, 100
Northside Square,
Huntsville, AL 35801.
Arkansas: Craighead.............. City of Jonesboro (07 August 11, 2008; The Honorable Doug December 16, 2008.............. 050048
062616P). August 18, 2008;The Forman, Mayor, City of
Jonesboro Sun. Jonesboro, 515 West
Washington Avenue,
Jonesboro, AR 72401. Colorado:
Boulder....................... City of Boulder (08 February 6, 2009; The Honorable Shaun January 28, 2009............... 080024
080790P). February 13, 2009; McGrath, Mayor, City of
The Daily Camera. Boulder, P.O. Box 791,
Boulder, CO 80306.
Boulder...................... Unincorporated areas February 6, 2009; The Honorable Ben January 28, 2009............... 080023
of Boulder County February 13, 2009; Pearlman, Chairman,
(08080790P). The Daily Camera. Boulder County Board of
Commissioners, P.O. Box
471 Boulder, CO 80306. [[Page 12654]]
Connecticut: New Haven........... Town of Hamden (0801 July 24, 2008; July The Honorable Craig July 30, 2008.................. 090078
0419P). 31, 2008; New Haven Henrici, Mayor, Town of
Register. Hamden, Town Hall, 2750
Dixwell Avenue, Hamden,
CT 06518. Florida
MiamiDade.................... City of Miami (0804 February 9, 2009; The Honorable Manual A. January 30, 2009............... 120650
6874P). February 16, 2009; Diaz, Mayor, City of
Miami Herald. Miami, 3500 Pan American
Drive, Miami, FL 33133
5595.
Pinellas..................... City of Clearwater February 6, 2009; The Honorable Frank V. January 28, 2009............... 125096
(08046704P). February 13, 2009; Hibbard, Mayor, City of
St. Petersburg Clearwater, P.O. Box
Times. 4748, Clearwater, FL
33758. Georgia:
Liberty...................... City of Flemington January 25, 2009; The Honorable Sandra S. June 2, 2009................... 130124
(08044998P). February 1, 2009; Martin, Mayor, City of
Coastal Courier. Flemington, P.O. Box 46,
Hinesville, GA 31310.
Liberty...................... City of Hinesville January 25, 2009; The Honorable James June 2, 2009................... 130125
(08044998P). February 1, 2009; Thomas, Mayor, City of
Coastal Courier. Hinesville, 115 East
Martin Luther King, Jr.
Drive, Hinesville, GA
31313. Idaho:
Ada.......................... Unincorporated areas February 6, 2009; The Honorable Fred June 15, 2009.................. 160001
of Ada County (0810 February 13, 2009; Tilman, Chairman, Ada
0658P). Idaho Statesman. County Board of
Commissioners, 200 West
Front Street, Boise, ID
83702.
Ada.......................... City of Meridian (08 February 6, 2009; The Honorable Tammy de June 15, 2009.................. 160180
100658P). February 13, 2009; Weerd, Mayor, City of
Idaho Statesman. Meridian, Meridian City
Hall, Suite 300, 33 East
Broadway Avenue,
Meridian, ID 83702.
Teton........................ Unincorporated areas March 20, 2008; The Honorable Larry March 13, 2008................. 160230
of Teton County (07 March 27, 2009; Young, Chairman, Teton
100061P). Teton Valley News. County Board of
Commissioners, P.O. Box
756, Driggs, ID 83422.
Teton........................ Unincorporated areas May 8, 2008; May 15, The Honorable Larry September 12, 2008............. 160230
of Teton County (07 2008; Teton Valley Young, Chairman, Teton
100770P). News. County Board of
Commissioners, P.O. Box
756, Driggs, ID 83422.
Iowa: Dubuque.................... Unincorporated areas February 6, 2009; The Honorable Donna June 15, 2009.................. 190534
of Dubuque County February 13, 2009; Smith, Supervisor,
(08070804P). Telegraph Herald. Dubuque County Board of
Supervisors, 720 Central
Avenue, Dubuque, IA
52001.
Maine: Cumberland................ Town of Falmouth (09 February 6, 2009; The Honorable William June 15, 2009.................. 230045
010124P). February 13, 2009; Armitage, Chair,
Portland Press Falmouth Town Council,
Herald. 271 Falmouth Road,
Falmouth, ME 04105.
Missouri: Clay, Platte, and City of Kansas City February 12, 2009; the Honorable Mark W. June 19, 2009.................. 290173
Jackson. (08070725P). February 19, 2009; Funkhouser, Mayor, City
The Daily Record. of Kansas City, City
Hall, 29th Floor, 414
East 12th Street, Kansas
City, MO 64106.
New Mexico: Sandoval............. City of Rio Rancho February 6, 2009; The Honorable Thomas E. June 15, 2009.................. 350146
(08063060P). February 13, 2009; Swisstack, Mayor, City
The Albuquerque of Rio Rancho, 3200
Journal. Civic Center Circle
Northeast, Rio Rancho,
NM 87144.
Pennsylvania: Lehigh............. Township of Upper February 6, 2009; The Honorable Edward January 29, 2009............... 421044
Macungie (0803 February 13, 2009; Earley, Chairman, Upper
1442P). The Morning Call. Macungie Township, 8330
Schantz Rd.,
Breinigsville, PA 18031. Texas:
Brazos....................... City of Bryan (0806 February 12, 2009; The Honorable Mark June 19, 2009.................. 480082
2045P). February 19, 2009; Conlee, Mayor, City of
Bryan College Bryan, 300 South Texas
Station Eagle. Avenue, Bryan, TX 77803.
Collin....................... City of Frisco (0906 February 6, 2009; The Honorable Maher Maso, June 15, 2009.................. 480134
0212P). February 13, 2009; Mayor, City of Frisco,
Frisco Enterprise. 6101 Frisco Square
Boulevard, Frisco, TX
75034.
Guadalupe.................... City of Cibolo (0806 February 12, 2009; The Honorable Johnny June 18, 2009.................. 480267
2221P). February 19, 2009; Sutton, Mayor, City of
Seguin Gazette Cibolo, P.O. Box 826,
Enterprise. Cibolo, TX 78108.
Guadalupe.................... Unincorporated areas February 23, 2009; The Honorable Mike June 18, 2009.................. 480266
of Guadalupe County February 19, 2009; Wiggins, Guadalupe
(08062221P). Seguin Gazette County Judge, 307 West
Enterprise. Court Street, Seguin, TX
78155.
Hunt......................... City of Greenville July 30, 2008; The Honorable Tom Oliver, December 4, 2008............... 485473
(08061111P). August 6, 2008; Mayor, City of
Herald Banner. Greenville, P.O. Box
1049, Greenville, TX
75401. [[Page 12655]]
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'')
Dated: March 2, 2009.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. E96629 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.