Federal Register: March 25, 2009 (Volume , Number )
DOCID: fr25mr09-31 FR Doc E9-6676
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-1039]
NOTICE: RULES
DOCID: fr25mr09-31
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
[[Page 12652]]
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. Arizona:
Maricopa...................... Unincorporated areas January 8, 2009; The Honorable Andrew W. May 15, 2009................... 040037 of Maricopa County January 15, 2009; Kunasek, Chairman, (09090381P). Arizona Business Maricopa County Board of Gazette. Supervisors, 301 West Jefferson Street, 10th Floor, Phoenix, AZ 85003.
Maricopa...................... City of Tolleson (09 January 8, 2009; The Honorable Charles P. May 15, 2009................... 040055 090381P). January 15, 2009; Hayes, Mayor, City of Arizona Business Tolleson, 9555 West Van Gazette. Buren Street, Tolleson, AZ 85353. California:
Riverside..................... City of La Quinta (08 January 10, 2008; The Honorable Donald December 18, 2007.............. 060709 090307P). January 17, 2008; Adolph, Mayor, City of The Press La Quinta, P.O. Box Enterprise. 1504, La Quinta, CA 92247.
San Diego..................... City of San Diego (08 January 23, 2009; The Honorable Jerry June 2, 2009................... 060295 091767P). January 30, 2009; Sanders, Mayor, City of San Diego San Diego, 202 C Street, Transcript. 11th Floor, San Diego, CA 92101. Colorado:
Denver........................ City and County of December 17, 2008; The Honorable John W. December 9, 2008............... 080046 Denver (08080948P). December 24, 2008; Hickenlooper, Mayor, Rocky Mountain News. City and County of Denver, 1437 Bannock Street, Suite 350, Denver, CO 80202. Indiana: Hamilton................. Town of Fishers (08 January 22, 2009; The Honorable Christine January 13, 2009............... 180423 050876P). January 29, 2009; Altman, Hamilton County Noblesville Ledger. Board of Commissioners, One Hamilton County Square, Noblesville, IN 46060. Missouri: Phelps.................. City of Rolla (0807 October 10, 2008; The Honorable William February 20, 2009.............. 290285 0803P). October 16, 2008; Jenks III, Mayor, City Rolla Daily News. of Rolla, P.O. Box 979, Rolla, MO 65401. North Carolina: Iredell........... Iredell County January 7, 2009; Mr. Joel Mashburn, May 14, 2009................... 370313 (Unincorporated January 14, 2009; Manager, Iredell County, Areas) (08042756P). Statesville Record P.O. Box 788, & Landmark. Statesville, NC 28687. Ohio: Montgomery.................. Unincorporated areas July 23, 2008; July The Honorable Deborah A. November 27, 2008.............. 390775 of Montgomery County 30, 2008; Englewood Lieberman, County (08052057P). Independent. Commissioner, 451 West Third Street, 11th Floor, Dayton, OH 45422. Tennessee: Wilson................. City of Mount Juliet January 9, 2009; The Honorable Linda C. May 18, 2009................... 470290 (08044369P). January 16, 2009; Elam, Mayor, City of Mt. Lebanon Democrat. Juliet, P.O. Box 256, Mt. Juliet, TN 37121. Texas:
Ellis......................... City of Waxahachie October 1, 2008; The Honorable Ron February 5, 2009............... 480211 (08061778P). October 8, 2008; Wilkinson, Mayor, City Waxahachie Daily of Waxahachie, P.O. Box Light. 757, Waxahachie, TX 751680757.
Hays.......................... City of Buda (0706 May 9, 2007; May 16, The Honorable John Trube, August 15, 2007................ 481640 1994P reissues 0.6 2007; Hays County Mayor, City of Buda, P. 06B986P). Free Press. O. Box 1218, Buda, TX 78610.
Hays.......................... Unincorporated areas May 9, 2007; May 16, The Honorable Jim Powers, August 15, 2007................ 480321
of Hays County (07 2007; Hays County Hays County Judge, 111
061994P reissues Free Press. East San Antonio Street,
0.606B986P). Suite 300, San Marcos,
TX 78666. [[Page 12653]]
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'')
Dated: February 25, 2009.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. E96676 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.