Federal Register: June 29, 2009 (Volume 74, Number 123)
DOCID: fr29jn09-13 FR Doc E9-15362
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
CFR Citation: 44 CFR Part 65
Docket ID: [Docket ID FEMA-2008-0020]
NOTICE: RULES
DOCID: fr29jn09-13
DOCUMENT ACTION: Final rule.
SUBJECT CATEGORY:
Changes in Flood Elevation Determinations
DATES: The effective dates for these modified BFEs are indicated on the following table and revise the Flood Insurance Rate Maps (FIRMs) in effect for the listed communities prior to this date.
DOCUMENT SUMMARY:
Modified Base (1% annual-chance) Flood Elevations (BFEs) are finalized for the communities listed below. These modified BFEs will be used to calculate flood insurance premium rates for new buildings and their contents.
SUMMARY:
Changes in Flood Elevation Determinations
SUPPLEMENTAL INFORMATION
The Federal Emergency Management Agency (FEMA) makes the final determinations listed below for the modified BFEs for each community listed. These modified BFEs have been published in newspapers of local circulation and ninety (90) days have elapsed since that publication. The Assistant Administrator for Mitigation has resolved any appeals resulting from this notification.
The modified BFEs are not listed for each community in this notice. However, this final rule includes the address of the Chief Executive Officer of the community where the modified BFEs determinations are available for inspection.
The modified BFEs are made pursuant to section 206 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 other Federal, State, or regional entities.
These modified BFEs are used to meet the floodplain management requirements of the NFIP and are also used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in these buildings. The changes in BFEs are in accordance with 44 CFR 65.4.
National Environmental Policy Act. This final 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 final 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 final rule involves no policies that have federalism implications under Executive Order 13132, Federalism.
Executive Order 12988, Civil Justice Reform. This final 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:
[[Page 30963]]
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 (FEMA Docket No: B Town of Cave Creek December 18, 2008; The Honorable Vincent April 24, 2009................. 040129 1033). (08091202P). December 25, 2008; Francia, Mayor, Town of Arizona Business Cave Creek, 5140 East Gazette. New River Road Cave Creek, AZ 85331.
Maricopa (FEMA Docket No: B Unincorporated areas December 18, 2008; The Honorable Andrew W. April 24, 2009................. 040037 1033). 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.
Maricopa (FEMA Docket No: B Unincorporated areas December 25, 2008; The Honorable Andrew W. May 4, 2009.................... 040037
1036). of Maricopa County January 1, 2009; Kunasek, Chairman,
(08091420P). Arizona Business Maricopa County Board of
Gazette. Supervisors, 301 West
Jefferson, 10th Floor,
Phoenix, AZ 85003.
Delaware: New Castle (FEMA Docket Unincorporated areas December 18, 2008; The Honorable Christopher April 17, 2009................. 105085
No: B1033). of New Castle County December 25, 2008; Coons, New Castle County
(08031537P). The News Journal. Executive, 87 Reads Way,
New Castle, DE 19720. Florida:
Lake (FEMA Docket No: B1036)..... Town of Lady Lake (08 January 12, 2009; The Honorable Jim January 30, 2009............... 120613
045093P). January 19, 2009; Richards, Mayor, Town of
The Villages Daily Lady Lake, 409 Fennell
Sun. Boulevard, Lady Lake, FL
32159.
MiamiDade (FEMA Docket No: B City of Coral Gables January 12, 2009; The Honorable Don December 31, 2008.............. 120639
1036). (09040251P). January 20, 2009; Slesnick, II, Mayor,
Miami Daily City of Coral Gables,
Business Review. 405 Biltmore Way, 2nd
Floor, Coral Gables, FL
33134.
Georgia: Columbia (FEMA Docket No: Unincorporated areas December 14, 2008; The Honorable Ron C. April 20, 2009................. 130059
B1030). 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. Idaho:
Ada (FEMA Docket No: B1033).. Unincorporated areas December 22, 2008; The Honorable Fred April 28, 2009................. 160001 of Ada County (0810 December 29, 2008; Tilman, Chairman, Ada 0528P). Idaho Statesman. County, Board of Commissioners, 200 West Front Street, Boise, ID 83702.
Ada (FEMA Docket No: B1033).. City of Eagle (0810 December 22, 2008; The Honorable Phil April 28, 2009................. 160003
0528P). December 29, 2008; Brandy, Mayor, City of
Idaho Statesman. Eagle, P.O. Box 1520,
Eagle, ID 83616.
Kentucky: LexingtonFayette Urban LexingtonFayette December 12, 2008; The Honorable Jim November 28, 2008.............. 210067
County Government (FEMA Docket Urban County December 19, 2008; Newberry, Mayor,
No: B1046). Government (0804 Lexington Herald LexingtonFayette Urban
5296P). Leader. County Government, 200
East Main Street, 12th
Floor, Lexington, KY
40507. Maryland:
Carroll and Frederick (FEMA Docket Unincorporated areas December 15, 2008; The Honorable Julia April 21, 2009................. 240015
No: B1030). 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 (FEMA Docket Unincorporated areas December 12, 2008; The Honorable Jan April 21, 2009................. 240027
No: B1030). of Frederick County December 19, 2008; Gardner, President,
(08031713P). Frederick News Post. Frederick County Board
of Commissioners, 12
East Church Street,
Frederick, MD 21701.
New Hampshire: Grafton (FEMA Town of Waterville September 4, 2008; The Honorable Dave January 9, 2009................ 330077
Docket No: B1046). Valley (08010905P). September 11, 2008; Jenkins, Chair, Board of
Record Enterprise. Selectman, Town of
Waterville Valley, Town
Office, P.O. Box 500,
Waterville Valley, NH
03215. New Jersey:
Somerset (FEMA Docket No: B1036). Borough of Bound January 9, 2009; The Honorable Carey December 24, 2008.............. 340430
Brook (09020051P). January 16, 2009; Pilato, Mayor, Borough
Courier News. of Bound Brook, 230
Hamilton Street, Bound
Brook, NJ 08805.
Somerset (FEMA Docket No: B1036). Township of January 9, 2009; The Honorable Patricia December 24, 2008.............. 340432
Bridgewater (0902 January 16, 2009; Flannery, Mayor,
0051P). Courier News. Township of Bridgewater,
P.O. Box 6300,
Bridgewater, NJ 08807. [[Page 30964]]
North Carolina:
Alamance (FEMA Docket No: B1030). 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.
Iredell (FEMA Docket No.: B039).. Unincorporated areas January 7, 2009; Mr. Joel Mashburn, May 14, 2009................... 370313
of Iredell County January 14, 2009; Manager, Iredell County,
(08042756P). Statesville Record P.O. Box 788,
& Landmark. Statesville, NC 28687. Oklahoma:
Oklahoma (FEMA Docket No: B1036). Town of Arcadia (08 January 7, 2009; The Honorable Marilyn December 23, 2008.............. 400551
062651P). January 14, 2009; Murrell, Mayor, Town of
The Oklahoman. Arcadia, P.O. Box 268,
Arcadia, OK 73004.
Tulsa (FEMA Docket No: B1036).... City of Broken Arrow January 9, 2009; The Honorable Wade December 24, 2008.............. 400236
(08062075P). January 16, 2009; McCaleb, Mayor, City of
Tulsa Daily Broken Arrow, P.O. Box
Commerce & Legal 610, Broken Arrow, OK
News. 74013. Pennsylvania:
Allegheny (FEMA Docket No: B1036) Municipality of January 12, 2009; The Honorable Gregory December 31, 2008.............. 420054
Monroeville (0903 January 19, 2009; Rosenko, Mayor,
0036P). Pittsburgh Post Municipality of
Gazette. Monroeville, 2700
Monroeville Boulevard,
Monroeville, PA 15146.
Berks (FEMA Docket No: B1030).... 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.
Chester (FEMA Docket No: B1033).. Township of December 30, 2008; The Honorable John L. May 6, 2009.................... 421474
Birmingham (0803 January 6, 2009; Conklin, Chairman,
1499P). The Daily Local Birmingham Township,
News. Board of Supervisors,
1040 West Street Road,
West Chester, PA 19382
8012. Texas:
Fort Bend (FEMA Docket No: B1036) Fort Bend County January 9, 2009; The Honorable Ellen December 31, 2008.............. 481590
M.U.D
Dated: June 17, 2009.
Deborah S. Ingram,
Acting Deputy Assistant Administrator for Mitigation, Mitigation
Directorate, Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. E915362 Filed 62609; 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.