Federal Register: April 13, 2009 (Volume 74, Number 69)
DOCID: fr13ap09-12 FR Doc E9-8368
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-1044]
NOTICE: RULES
DOCID: fr13ap09-12
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
[[Page 16784]]
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.
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: Pinal.................... City of Casa Grande February 20, 2009; The Honorable Robert M. February 10, 2009.............. 040080
(08091919P). February 27, 2009; Jackson, Mayor, City of
Casa Grande Casa Grande, 510 East
Dispatch. Florence Boulevard, Casa
Grande, AZ 85222. California:
San Bernardino................ Town of Apple Valley February 13, 2009; The Honorable Mark Shoup, June 19, 2009.................. 060752 (08091552P). February 20, 2009; Mayor, City of Apple Apple Valley News. Valley, 14955 Dale Evans Parkway, Apple Valley, CA 92307.
San Bernardino................ City of Hesperia (08 February 12, 2009; The Honorable Tad June 19, 2009.................. 060733 091552P). February 19, 2009; Honeycutt, Mayor, City Hesperia Resorter. of Hesperia, 9700 Seventh Avenue, Hesperia, CA 92345.
San Bernardino................ Unincorporated areas February 13, 2009; The Honorable Paul Biane, June 19, 2009.................. 060270 of San Bernardino February 20, 2009; Chairman, San Bernardino County (08091552P). San Bernardino County Board of Bulletin. Supervisors, 385 North Arrowhead Avenue, Fifth Floor, San Bernardino, CA 924150110. Georgia: Gwinnett................. Unincorporated areas January 2, 2009; The Honorable Charles E. May 11, 2009................... 130322 of Gwinnett County January 9, 2009; Bannister, Chairman, (08046361P). Gwinnett Daily Post. Gwinnett County Board of Commissioners, 75 Langley Drive, Lawrenceville, GA 30045. Indiana: Hamilton................. City of Carmel (0805 February 26, 2009; The Honorable James July 6, 2009................... 180081 5476P). March 5, 2009; Brainard, Mayor, City of Noblesville Ledger. Carmel, One Civic Square, Carmel, IN 46032. Kentucky: LouisvilleJefferson.... LouisvilleJefferson November 14, 2008; The Honorable Jerry E. March 23, 2009................. 210120 County Metropolitan November 21, 2008; Abramson, Mayor, Government (0804 The Courier Journal. LouisvilleJefferson 3793P). County Metropolitan Government, 527 West Jefferson Street, Louisville, KY 40202. Nevada: Clark..................... Unincorporated areas February 20, 2009; The Honorable Rory Reid, June 29, 2009.................. 320003 of Clark County (09 February 27, 2009; Chair, Clark County 090318). Las Vegas Review Board of Commissioners, Journal. 500 South Grand Central Parkway, Las Vegas, NV 89106. North Carolina: Edgecombe......... Town of Tarboro (08 February 3, 2009; Mr. Samuel W. Noble, Jr., January 27, 2009............... 370094 041283P). February 10, 2009; Manager, Town of The Daily Tarboro, P.O. Box 220, Southerner. 500 Main Street, Tarboro, North Carolina 278860221. Rhode Island: Newport............. Town of Portsmouth February 20, 2009; The Honorable Dennis February 9, 2009............... 445405 (09010279P). February 27, 2009; Canario, President, Newport Daily News. Portsmouth Town Council, 64 Birchwood Drive, Portsmouth, RI 02871. Tennessee: Nashville and Davidson. Metropolitan February 6, 2009; The Honorable Karl Dean, June 16, 2009.................. 470040 Government of February 13, 2009; Mayor, Metropolitan Nashville and The Tennessean. Government of Nashville Davidson County (08 and Davidson County, 100 045048P). Metro Courthouse, Nashville, TN 37201. Texas:
Webb.......................... City of Laredo (0806 February 6, 2009; The Honorable Raul G. June 15, 2009.................. 480651 2454P). February 13, 2009; Salinas, Mayor, City of Laredo Morning Laredo, 1110 Houston Times. Street, Laredo, TX 78040.
Webb.......................... Unincorporated areas February 6, 2009; The Honorable Danny June 15, 2009.................. 481059 of Webb County (08 February 13, 2009; Valdez, Webb County 062740P). Laredo Morning Judge, Webb County Times. Courthouse, 1000 Houston Street, Third Floor, Laredo, TX 78040. Utah:
Salt Lake..................... City of Riverton (08 February 12, 2009; The Honorable Bill June 19, 2009.................. 490104 080716P). February 19, 2009; Applegarth, Mayor, City Salt Lake Tribune. of Riverton, 12765 South 1400 West, Riverton, UT 84065. [[Page 16785]]
Salt Lake..................... City of South Jordan February 12, 2009; The Honorable William June 19, 2009.................. 490107
(08080716P). February 19, 2009; Kent Money, Mayor, City
Salt Lake Tribune. of South Jordan, 1600
West Towne Center Drive,
South Jordan, UT 84095.
Washington: Spokane............... Unincorporated areas February 12, 2009; The Honorable Todd January 30, 2009............... 530174
of Spokane County February 19, 2009; Mielke, Chairman,
(08100786P). Spokesman Review. Spokane County Board of
Commissioners, Spokane
County Courthouse, Room
300, 1116 West Broadway
Avenue, Spokane, WA
99260.
Wisconsin: Waukesha............... Unincorporated areas February 12, 2009; The Honorable James T. June 19, 2009.................. 550476
of Waukesha County February 19, 2009; Dwyer, Chairman,
(08054338P). Waukesha Freeman. Waukesha County Board of
Supervisors, 515 West
Moreland Boulevard,
Waukesha, WI 53188.
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'')
Dated: March 25, 2009.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. E98368 Filed 41009; 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.