Federal Register: March 25, 2009 (Volume , Number )
DOCID: fr25mr09-33 FR Doc E9-6672
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-1033]
NOTICE: RULES
DOCID: fr25mr09-33
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 of Effective date of Community No.
notice was published community modification
Arizona: Apache................... Town of Eager (0809 October 24, 2008; The Honorable Bill March 2, 2009........ 040103
0712P). October 31, 2008; Greenwood, Town Manager,
White Mountain Town of Eager, P.O. Box
Independent. 1300, Eager, AZ 85925.
Arizona: Maricopa................. Town of Cave Creek December 18, 2008; The Honorable Vincent April 24, 2009....... 040129
(08091202P). December 25, 2008; Francia, Mayor, Town of
Arizona Business Cave Creek, 5140 East New
Gazette. River Road, Cave Creek,
AZ 85331.
Arizona: Maricopa................. Unincorporated areas December 18, 2008; The Honorable Andrew W. April 24, 2009....... 040037
of Maricopa County December 25, 2008; Kunasek, Chairman,
(08091202P). Arizona Business Maricopa County, Board of
Gazette. Supervisors, 301 West
Jefferson Street, 10th
Floor, Phoenix, AZ 85003. [[Page 12656]]
Arizona: Maricopa................. City of Phoenix (08 December 18, 2008; The Honorable Phil Gordon, November 28, 2008.... 040051
091412P). December 25, 2008; Mayor, City of Phoenix,
Arizona Business 200 West Washington
Gazette. Street, 11th Floor,
Phoenix, AZ 85003.
Colorado: Douglas................. Unincorporated areas December 4, 2008; The Honorable Melanie A. April 10, 2009....... 080049
of Douglas County December 11, 2008; Worley, Chairperson,
(07080979P). Douglas County News Douglas County, Board of
Press. County Commissioners, 100
Third Street, Castle
Rock, CO 80104.
Colorado: El Paso................. Town of Palmer Lake December 3, 2008; The Honorable John April 10, 2009....... 080065
(07080979P). December 10, 2008; Cressman, Mayor, Town of
The Tribune. Palmer Lake, P.O. Box
208, Palmer Lake, CO
80133.
Delaware: New Castle.............. Unincorporated areas December 18, 2008; The Honorable Christopher April 17, 2009....... 105085
of New Castle County December 25, 2008; Coons, New Castle County
(08031537P). The News Journal. Executive, 87 Reads Way,
New Castle, DE 19720.
Florida: Duval.................... City of Jacksonville December 26, 2008; The Honorable Fland Sharp, December 22, 2008.... 120078
Beach (08046323P). January 2, 2009; The Mayor, City of
Beaches Leader. Jacksonville Beach, 11
North Third Street,
Jacksonville Beach, FL
32250.
Georgia: Barrow................... Unincorporated areas December 10, 2008; Mr. Douglas H. Garrison, April 16, 2009....... 130497
of Barrow County (08 December 17, 2008; Chairman, Barrow County,
045370P). The Barrow County Board of Commissioners
News. 233 East Broad Street,
Winder, GA 30680.
Georgia: Hall..................... Unincorporated areas December 11, 2008; Mr. Tom Oliver, Chairman, April 17, 2009....... 130466
of Hall County (08 December 18, 2008; Hall County, Board of
044322P). Gainesville Times. Commissioners, P.O. Box
1435, Gainesville, GA
30503.
Georgia: Jackson.................. Unincorporated areas December 10, 2008; Ms. Pat Bell, Chairperson, April 17, 2009....... 130345
of Jackson County December 17, 2008; Jackson County Board of
(08044322P). The Jackson Herald. Commissioners, 67 Athens
Street, Jefferson, GA
30549.
Georgia: Jackson.................. Unincorporated areas December 10, 2008; Ms. Pat Bell, Chairman, April 16, 2009....... 130345
of Jackson County December 17, 2008; Jackson County Board of
(08045370P). The Jackson Herald. Commissioners, 67 Athens
Street, Jefferson, GA
30549.
Idaho: Ada........................ Unincorporated areas December 22, 2008; The Honorable Fred Tilman, April 28, 2009....... 160001
of Ada County (0810 December 29, 2008; Chairman, Ada County
0528P). Idaho Statesman. Board of Commissioners,
200 West Front Street,
Boise, ID 83702.
Idaho: Ada........................ City of Eagle (0810 December 22, 2008; The Honorable Phil Brandy, April 28, 2009....... 160003
0528P). December 29, 2008; Mayor, City of Eagle,
Idaho Statesman. P.O. Box 1520, Eagle, ID
83616.
Ohio: Licking..................... City of Newark (0805 December 8, 2008; The Honorable Bob Diebold, April 14, 2009....... 390335
4680P). December 15, 2008; Mayor, City of Newark, 40
The Newark Advocate. West Main Street, Newark,
OH 43055.
Pennsylvania: Chester............. Township of December 30, 2008; The Honorable John L. May 6, 2009.......... 421474
Birmingham (0803 January 6, 2009; The Conklin, Chairman,
1499P). Daily Local News. Birmingham Township Board
of Supervisors, 1040 West
Street Road, West
Chester, PA 193828012.
Texas: Collin..................... Unincorporated areas December 5, 2008; The Honorable Keith Self, April 13, 2009....... 480130
of Collin County (08 December 12, 2008; Collin County Judge, 210
061493P). McKinney Courier South McDonald Street,
Gazette. Suite 626, McKinney, TX
75069.
Texas: Collin..................... City of Lowry December 5, 2008; The Honorable Gary Piatt, April 13, 2009....... 481631
Crossing (0806 December 12, 2008; Mayor, City of Lowry
1493P). McKinney Courier Crossings, 1405 South
Gazette. Bridge Farmer Rd,
McKinney, TX 75069.
Texas: Collin..................... City of McKinney (08 December 5, 2008; The Honorable Bill April 13, 2009....... 480135
061493P). December 12, 2008; Whitfield, Mayor, City of
McKinney Courier McKinney, 222 North
Gazette. Tennessee, McKinney, TX
75069.
Texas: Collin..................... City of McKinney (08 December 8, 2008; The Honorable Bill April 14, 2009....... 480135
061994P). December 15, 2008; Whitfield, Mayor, City of
McKinney Courier McKinney, 222 North
Gazette. Tennessee, McKinney, TX
75069. [[Page 12657]]
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'')
Dated: January 22, 2009.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. E96672 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.