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Changes in Flood Elevation Determinations

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Federal Emergency Management Agency, DHS.


Interim rule.


This interim rule lists communities where modification of the Base (1% annual-chance) 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.


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 90-day period.


The modified BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below.

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William R. Blanton, Jr., Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3151.

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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 Start Printed Page 12641stringent 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.

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List of Subjects in 44 CFR Part 65

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1. The authority citation for part 65 continues to read as follows:

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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.

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2. The tables published under the authority of § 65.4 are amended as follows:

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State and countyLocation and Case No.Date and name of newspaper where notice was publishedChief executive officer of communityEffective date of modificationCommunity No.
ElmoreCity of Millbrook (08-04-3794P)December 11, 2008, December 18, 2008, The Millbrook IndependentThe Honorable Al Kelley, Mayor, City of Millbrook, 5010 Brownswood Circle, Millbrook, AL 36054April 17, 2009010370
MontgomeryCity of Montgomery (07-04-3037P)December 11, 2008, December 18, 2008, Montgomery AdvertiserThe Honorable Bobby N. Bright, Mayor, City of Montgomery, P.O. Box 1111, Montgomery, AL 36101April 17, 2009010174
Arizona: CoconinoCity of Flagstaff (08-09-1360P)December 15, 2008, December 22, 2008, Arizona Daily SunThe Honorable Sara Presler, Mayor, City of Flagstaff, 211 West Aspen Avenue, Flagstaff, AZ 86001November 28, 2008040020
GarfieldUnincorporated areas of Garfield County (07-08-0852P)August 14, 2008, August 21, 2008, Citizen TelegramThe Honorable Trési Houpt, Chairman, Garfield County Board of Commissioners, 108 Eighth Street, Glenwood Springs, CO 81601December 19, 2008080205
GarfieldCity of Rifle (07-08-0852P)August 14, 2008, August 21, 2008, Citizen TelegramThe Honorable John Hier, City Manager, City of Rifle, 202 Railroad Avenue, Rifle, CO 81650December 19, 2008085078
Florida: CollierCity of Marco Island (08-04-5939P)December 8, 2008, December 15, 2008, Naples Daily NewsThe Honorable William D. Trotter, Chairman, City Council, City of Marco Island, 50 Bald Eagle Drive, Marco Island, FL 34145April 14, 2009120426
Georgia: ColumbiaUnincorporated areas of Columbia County (08-04-4889P)December 14, 2008, December 21, 2008, The Columbia County News TimesThe Honorable Ron C. Cross, Chairman, Columbia County Board of Commissioners, P.O. Box 498, Evans, GA 30809April 20, 2009130059
Carroll and FrederickUnincorporated areas of Carroll County (08-03-1713P)December 15, 2008, December 22, 2008, Carroll County TimesThe Honorable Julia Gouge, President, Carroll County Board of Commissioners, 225 North Center Street, Westminster, MD 21157April 21, 2009240015
Carroll and FrederickUnincorporated areas of Frederick County (08-03-1713P)December 12, 2008, December 19, 2008, Frederick News PostThe Honorable Jan Gardner, President, Frederick County Board of Commissioners, 12 East Church Street, Frederick, MD 21701April 21, 2009240027
StoddardCity of Dexter (07-07-1785P)February 14, 2008, February 21, 2008, Daily StatesmanThe Honorable Joe E. Weber, Mayor, City of Dexter, 301 East Stoddard Street, Dexter, MO 63841May 22, 2008290424
StoddardUnincorporated areas of Stoddard County (07-07-1785P)February 14, 2008, February 21, 2008, Daily StatesmanMr. Greg Mathis, Presiding Commissioner, Stoddard County, P.O. Box 110, Bloomfield, MO 63825-0110May 22, 2008290845
New Hampshire: CheshireCity of Keene (08-01-0182P)February 28, 2008, March 6, 2008, The Keene SentinelThe Honorable Philip Dale Pregent, Mayor, City of Keene, Three Washington Street, Keene, NH 03431March 20, 2008330023
North Carolina:
AlamanceUnincorporated areas of Alamance County (08-04-4817P)December 10, 2008, December 17, 2008, The Times-NewsMr. David I. Smith, Manager, Alamance County, Alamance County Office Building, 124 West Elm Street, Graham, NC 27253April 16, 2009370001
RandolphCity of Archdale (08-04-4163P)December 4, 2008, December 11, 2008, The Archdale Trinity-NewsThe Honorable Bert Lance-Stone, Mayor, City of Archdale, 307 Balfour Drive, P.O. Box 14068, Archdale, NC 27263November 13, 2008370273
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Pennsylvania: BerksTownship of Colebrookdale (08-03-1560P)December 11, 2008, December 18, 2008, The Boyertown Area TimesThe Honorable Todd Gamler, President, Township of Colebrookdale Board of Commissioners, 765 West Philadelphia Avenue, Boyertown, PA 19512April 17, 2009421057
DentonCity of Denton (08-06-2890P)December 10, 2008, December 17, 2008, Denton Record-ChronicleThe Honorable Mark A. Burroughs, Mayor, City of Denton, 215 East McKinney Street, Denton, TX 76201April 16, 2009480194
HarrisUnincorporated areas of Harris County (07-06-1885P)December 11, 2008, December 18, 2008, Houston ChronicleThe Honorable Ed Emmett, Harris County Judge, 1001 Preston Street, Suite 911, Houston, TX 77002November 28, 2008480287
HarrisUnincorporated areas of Harris County (08-06-1677P)December 4, 2008, December 11, 2008, Houston ChronicleThe Honorable Ed Emmett, Harris County Judge, 1001 Preston Street, Suite 911, Houston, TX 77002April 10, 2009480287
JohnsonCity of Burleson (08-06-3114P)December 10, 2008, December 17, 2008, Burleson StarThe Honorable Kenneth Shetter, Mayor, City of Burleson, 141 West Renfro Street, Burleson, TX 76028April 16, 2009485459
JohnsonUnincorporated areas of Johnson County (08-06-1603P)December 10, 2008, December 17, 2008, Cleburne Times-ReviewThe Honorable Roger Harmon, Judge, Johnson County, One North Main Street, Suite 304, Cleburne, TX 76031December 29, 2008480879
JohnsonUnincorporated areas of Johnson County (08-06-3114P)December 10, 2008, December 17, 2008, Cleburne Times-ReviewThe Honorable Roger Harmon, Johnson County Judge, Two North Mill Street, Room 201, Cleburne, TX 76033April 16, 2009480879

(Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)

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Dated: January 6, 2009.

Michael K. Buckley,

Acting Assistant Administrator, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency.

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[FR Doc. E9-6573 Filed 3-24-09; 8:45 am]