Federal Register: October 27, 2009 (Volume 74, Number 206)
DOCID: fr27oc09-20 FR Doc E9-25858
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-1070]
NOTICE: RULES
DOCID: fr27oc09-20
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 FEMA Assistant Administrator for Mitigation 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 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
newspaper where
Location and case notice was published Chief executive officer Effective date of
State and county No. of sale of flood of community modification Community No.
insurance in
community Colorado:
Arapahoe..................... City of Aurora (09 July 2, 2009; July The Honorable Ed Tauer, June 23, 2009................. 080002 080620P). 9, 2009; Aurora Mayor, City of Aurora, Sentinel. 15151 East Alameda Parkway, Aurora, CO 80012.
Arapahoe..................... City of Sheridan (09 June 12, 2009; June The Honorable Mary October 19, 2009.............. 080018 080267P). 19, 2009; Englewood Carter, Mayor, City of Herald. Sheridan, 4101 South Federal Boulevard, Sheridan, CO 80110.
Denver....................... City and County of July 2, 2009; July The Honorable John W. June 23, 2009................. 080046 Denver (0908 9, 2009; Denver Hickenlooper, Mayor, 0620P). Post. City and County of Denver, 1437 Bannock Street, Suite 350, Denver, CO 80202. Florida:
Marion....................... City of Ocala (0904 June 25, 2009; July The Honorable Randy June 12, 2009................. 120330 0503P). 2, 2009; Star Ewers, Mayor, City of Banner. Ocala, P.O. Box 1270, Ocala, FL 34478. [[Page 55155]]
Orange....................... City of Orlando (09 July 9, 2009; July The Honorable Buddy Dyer, September 28, 2009............ 120186 043112P). 16, 2009; Orlando Mayor, City of Orlando, Weekly. 400 South Orange Avenue, Orlando, FL 32802.
Sumter....................... Unincorporated areas July 9, 2009; July The Honorable Richard June 30, 2009................. 120296 of Sumter County 16, 2009; Sumter Hoffman, Commissioner, (09043548P). County Times. District 1, Sumter County Board of Commissioners, 910 North Main Street, Bushnell, FL 33513. Illinois:
DuPage....................... Village of Villa July 10, 2009; July The Honorable Joyce June 29, 2009................. 170217 Park (08054476P). 17, 2009; Villa Stupegia, Village Park Argus. President, Village of Villa Park, 20 South Ardmore Avenue, Villa Park, IL 60181.
Will......................... Unincorporated areas July 6, 2009; July The Honorable Lawrence M. November 10, 2009............. 170695 of Will County (09 13, 2009; The Walsh, Will County 053443P). Herald News. Executive, 302 North Chicago Street, Joliet, IL 60432. Indiana:
Elkhart...................... City of Elkhart (09 July 3, 2009; July The Honorable David November 9, 2009.............. 180057 050815P). 10, 2009; The Miller, Mayor, City of Elkhart Truth. Elkhart, Municipal Building, 229 South 2nd Street, Elkhart, IN 46516.
Elkhart...................... Unincorporated areas July 3, 2009; July The Honorable Terry November 9, 2009.............. 180056 of Elkhart County 10, 2009; The Rodino, President, (09050815P). Elkhart Truth. Elkhart County Board of Commissioners, 117 North 2nd Street, Goshen, IN 46526. Kansas: McPherson................ City of McPherson July 7, 2009; July The Honorable Thomas A. June 26, 2009................. 200217 (09070243P). 14, 2009; McPherson Brown, Mayor, City of Sentinel. McPherson, P.O. Box 1008, McPherson, KS 67460. Minnesota:
Anoka........................ City of Blaine (08 March 27, 2009; The Honorable Thomas July 27, 2009................. 270007 054922P). April 3, 2009; Ryan, Mayor, City of BlaineSpring Lake Blaine, 12147 Radisson Park Life. Road Northeast, Blaine, MN 55449.
Anoka........................ City of Coon Rapids March 27, 2009; The Honorable Tim Howe, July 27, 2009................. 270011 (08054922P). April 3, 2009; Coon Mayor, City of Coon Rapids Herald. Rapids, 11155 Robinson Drive, Coon Rapids, MN 55433. Mississippi: Rankin.............. City of Richmond (09 July 8, 2009; July The Honorable Shirley July 30, 2009................. 280299 042764P). 15, 2009; Rankin Hall, Mayor, City of County News. Richland, P.O. Box 180609, Richland, MS 39218. Montana: Carbon.................. City of Red Lodge June 11, 2009; June The Honorable Betsy October 16, 2009.............. 300007 (09080545P). 18, 2009; Carbon Scanlin, Mayor, City of County News. Red Lodge, P.O. Box 9, Red Lodge, MT 59068. Ohio:
Franklin..................... City of Dublin (08 June 17, 2009; June The Honorable Mary October 22, 2009.............. 390673 052843P). 24, 2009; The ChinniciZuercher, Dublin News. Mayor, City of Dublin, 5200 Emerald Parkway, Dublin, OH 43017.
Hancock...................... Unincorporated areas June 30, 2009; July The Honorable Edward D. November 4, 2009.............. 390767 of Hancock County 7, 2009; The Ingold, Hancock County (09052984P). Courier. Commissioner, 322 South Main Street, Findlay, OH 45840. South Carolina: Lancaster........ Unincorporated areas June 8, 2009; June The Honorable Steve October 13, 2009.............. 450120 of Lancaster County 15, 2009; Rock Hill Willis, County (09041036P). Herald. Administrator, Lancaster County, P.O. Box 1809, Lancaster, SC 29721. Texas:
Bexar........................ Unincorporated areas July 6, 2009; July The Honorable Nelson W. July 30, 2009................. 480035 of Bexar County (08 13, 2009; Daily Wolff, Bexar County 062311P). Commercial Recorder. Judge, Bexar County Courthouse, 100 Dolorosa Street, Suite 120, San Antonio, TX 78205.
Collin....................... City of Plano (0806 July 3, 2009; July The Honorable Phil Dyer, November 9, 2009.............. 480140 2741P). 10, 2009; Plano Mayor, City of Plano, Star Courier. 1520 Avenue K, Plano, TX 75074.
Travis....................... City of Austin (08 May 12, 2009; May The Honorable Will Wynn, April 30, 2009................ 480624 063046P). 19, 2009; Austin Mayor, City of Austin, American Statesman. P.O. Box 1088, Austin, TX 78767.
Webb......................... City of Laredo (09 June 11, 2009; June The Honorable Raul G. October 16, 2009.............. 480651 060689P). 18, 2009; Laredo Salinas, Mayor, City of Morning Times. Laredo, 1110 Houston Street, Laredo, TX 78040. Virginia:
Prince Edward................ Town of Farmville July 1, 2009; July The Honorable Sydnor C. October 3, 2009............... 510118 (08031396P). 8, 2009; Farmville Newman, Jr., Mayor, Town Herald. of Farmville, 116 North Main Street, Farmville, VA 23901.
Independent City............. City of Harrisonburg June 26, 2009; July The Honorable Kai Degner, November 2, 2009.............. 510076 (09030277P). 3, 2009; Daily News Mayor, City of Record. Harrisonburg, 345 South Main Street, Harrisonburg, VA 22801.
Independent City............. City of Waynesboro June 8, 2009; June The Honorable Timothy D. June 29, 2009................. 515532
(09030235P). 15, 2009; The News Williams, Mayor, City of
Virginian. Waynesboro, P.O. Box
1028, Waynesboro, VA
22980. [[Page 55156]]
Wisconsin: Dane.................. Unincorporated areas June 26, 2009; July The Honorable Kathleen November 2, 2009.............. 550077
of Dane County (08 3, 2009; Wisconsin Falk, Dane County
055051P). State Journal. Executive, City County
Building, Room 421, 210
Martin Luther King Jr.
Boulevard, Madison, WI
53703.
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'')
Deborah S. Ingram,
Acting Deputy Assistant Administrator for Mitigation, Mitigation
Directorate, Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. E925858 Filed 102609; 8:45 am]
BILLING CODE 911012P
FOR FURTHER INFORMATION CONTACT
Kevin C. Long, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 6462820.