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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 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 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.
Alabama: St. ClairTown of Moody (08-04-4404P)January 9, 2009; January 16, 2009; The Birmingham NewsThe Honorable Joe Lee, Mayor, Town of Moody, 670 Park Avenue, Moody, AL 35004May 18, 2009010187
MaricopaUnincorporated areas of Maricopa County (08-09-1420P)December 25, 2008; January 1, 2009; Arizona Business GazetteThe Honorable Andrew W. Kunasek, Chairman, Maricopa County, Board of Supervisors301 West Jefferson, 10th Floor, Phoenix, AZ 85003May 4, 2009040037
PinalCity of Apache Junction (08-09-1318P)January 12, 2009; January 19, 2009; Apache Junction NewsThe Honorable Douglas Coleman, Mayor, City of Apache Junction, 300 East Superstition Boulevard, Apache Junction, AZ 85219May 19, 2009040120
California: MontereyCity of Salinas (08-09-1361P)January 12, 2009; January 19, 2009; The Salinas CalifornianThe Honorable Dennis Donohue, Mayor, City of Salinas, 200 Lincoln Avenue, Salinas, CA 93901May 19, 2009060202
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Colorado: JeffersonUnincorporated areas of Jefferson County (08-08-0667P)January 7, 2009; January 14, 2009; High Timber TimesThe Honorable Kathy Hartman, Chairman, Jefferson County, Board of Commissioners, 100 Jefferson County Parkway, Golden, CO 80419-5550May 14, 2009080087
LakeTown of Lady Lake (08-04-5093P)January 12, 2009; January 19, 2009; The Villages Daily SunThe Honorable Jim Richards, Mayor, Town of Lady Lake, 409 Fennell Boulevard, Lady Lake, FL 32159January 30, 2009120613
Miami-DadeCity of Coral Gables (09-04-0251P)January 12, 2009; January 20, 2009; Miami Daily Business ReviewThe Honorable Don Slesnick, II, Mayor, City of Coral Gables, 405 Biltmore Way, Second Floor, Coral Gables, FL 33134December 31, 2008120639
Georgia: BarrowUnincorporated areas of Barrow County (08-04-5850P)January 7, 2009; January 14, 2009; The Barrow County NewsMr. Douglas H. Garrison, Chairman, Barrow County, Board of Commissioners, 233 East Broad Street, Winder, GA 30680May 14, 2009130497
DuPageUnincorporated areas of DuPage County (08-05-0519P)March 7, 2008; March 14, 2008; Daily HeraldThe Honorable Robert J. Schillerstorm, Chairman, DuPage County Board, 505 North County Farm Road, Wheaton, IL 60187July 14, 2008170197
DuPageCity of Elmhurst (08-05-0519P)March 7, 2008; March 14, 2008; Daily HeraldThe Honorable Thomas D. Marcucci, Mayor, City of Elmhurst, 209 North York Street, Elmhurst, IL 60126July 14, 2008170205
Kansas: PottawatomieUnincorporated areas of Pottawatomie County (08-07-1722P)January 8, 2009; January 15, 2009; The Wamego TimesThe Honorable Corwin Seamans, Chairman, Pottawatomie County Commissioners, 207 North First Street, Westmoreland, KS 66549May 15, 2009200621
Missouri: St. CharlesUnincorporated areas of St. Charles County (09-07-0032P)January 12, 2009; January 19, 2009; St. Charles County Business RecordThe Honorable Steve Ehlmann, County Executive, St. Charles County, Administration Building, 201 North Second Street, St. Charles, MO 63301May 19, 2009290315
New Jersey:
SomersetBorough of Bound Brook (09-02-0051P)January 9, 2009; January 16, 2009; Courier NewsThe Honorable Carey Pilato, Mayor, Borough of Bound Brook, 230 Hamilton Street, Bound Brook, NJ 08805December 24, 2008340430
SomersetTownship of Bridgewater (09-02-0051P)January 9, 2009; January 16, 2009; Courier NewsThe Honorable Patricia Flannery, Mayor, Township of Bridgewater, P.O. Box 6300, Bridgewater, NJ 08807December 24, 2008340432
North Carolina: OnslowCity of Jacksonville (08-04-3999P)December 23, 2008; December 30, 2008; The Daily NewsThe Honorable Sammy Phillips, Mayor, City of Jacksonville, P.O. Box 128, Jacksonville, NC 28541January 14, 2009370178
OklahomaTown of Arcadia (08-06-2651P)January 7, 2009; January 14, 2009; The OklahomanThe Honorable Marilyn Murrell, Mayor, Town of Arcadia, P.O. Box 268, Arcadia, OK 73004December 23, 2008400551
TulsaCity of Broken Arrow (08-06-2075P)January 9, 2009; January 16, 2009; Tulsa Daily Commerce & Legal NewsThe Honorable Wade McCaleb, Mayor, City of Broken Arrow, P.O. Box 610, Broken Arrow, OK 74013December 24, 2008400236
Pennsylvania: AlleghenyMunicipality of Monroeville (09-03-0036P)January 12, 2009; January 19, 2009; Pittsburgh Post GazetteThe Honorable Gregory Rosenko, Mayor, Municipality of Monroeville, 2700 Monroeville Boulevard, Monroeville, PA 15146December 31, 2008420054
Puerto Rico: Puerto RicoCommonwealth of Puerto Rico (08-02-1455P)January 9, 2009; January 16, 2009; Puerto Rico Daily SunThe Honorable Anibal Acevedo-Vila, Governor, Commonwealth of Puerto Rico, P.O. Box 82, La Fortaleza, San Juan, PR 00901May 18, 2009720000
Tennessee: RutherfordCity of Murfreesboro (08-04-3762P)January 11, 2009; January 18, 2009; The Murfreesboro PostThe Honorable Tommy Bragg, Mayor, City of Murfreesboro, 111 West Vine Street, Murfreesboro, TN 37130May 18, 2009470168
BexarCity of San Antonio (08-06-0269P)January 12, 2009; January 19, 2009; San Antonio Express NewsThe Honorable Phil Hardberger, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283May 19, 2009480045
CaldwellUnincorporated areas of Caldwell County (07-06-2617P)October 9, 2008; October 16, 2008; Lockhart Post RegisterThe Honorable H.T. Wright, Caldwell County Judge, 110 South Main Street, Lockhart, TX 78644February 20, 2009480094
CaldwellTown of Martindale (07-06-2617P)October 9, 2008; October 16, 2008; Lockhart Post RegisterThe Honorable Patricia Peterson, Mayor, Town of Martindale, P.O. Box 365, Martindale, TX 78655February 20, 2009481587
DallasCity of Garland (08-06-0905P)January 5, 2009; January 12, 2009; Dallas Morning NewsThe Honorable Ronald E. Jones, Mayor, City of Garland, P.O. Box 469002, Garland, TX 75046-9002May 12, 2009485471
Fort BendFort Bend County M.U.D. #23 (08-06-2237P)January 9, 2009; January 16, 2009; Fort Bend HeraldThe Honorable Ellen Hughes, Board President, Fort Bend County Municipal Utility District No. 23, 1715 Misty Fawn Lane, Fresno, TX 77545December 31, 2008481590
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GuadalupeUnincorporated areas of Guadalupe County (07-06-2617P)October 16, 2008; October 23, 2008; Seguin Gazette EnterpriseThe Honorable Mike Wiggins, Guadalupe County Judge, 307 West Court Street, Seguin, Texas 78155February 20, 2009480266
HarrisUnincorporated areas of Harris County (08-06-2044P)January 9, 2009; January 16, 2009; Houston ChronicleThe Honorable Ed Emmett, Harris County Judge, 1001 Preston Street, Suite 911, Houston, TX 77002January 30, 2009480287
HaysUnincorporated areas of Hays County (07-06-2617P)October 16, 2008; October 23, 2008; San Marcos Daily RecordThe Honorable Liz Sumter, Hays County Judge, 111 East San Antonio Street, Suite 300, San Marcos, TX 78666February 20, 2009480321
McLennanUnincorporated areas of McLennan County (09-06-0208P)January 9, 2009; January 16, 2009; Waco Tribune-HeraldThe Honorable Jim Lewis, McLennan County Judge, P.O. Box 1728, Waco, TX 76701May 18, 2009480456
McLennanCity of Waco (09-06-0208P)January 9, 2009; January 16, 2009; Waco Tribune-HeraldThe Honorable Virginia Dupuy, Mayor, City of Waco, P.O. Box 2570, Waco, TX 76702May 18, 2009480461
TarrantUnincorporated areas of Tarrant County (08-06-1292P)January 9, 2009; January 16, 2009; Commercial RecorderThe Honorable B. Glen Whitley, Tarrant County Judge, 100 East Weatherford Street, Fort Worth, TX 76196May 18, 2009480582

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

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Dated: February 6, 2009.

Michael K. Buckley,

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

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[FR Doc. E9-6575 Filed 3-24-09; 8:45 am]