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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: MadisonUnincorporated areas of Madison County (09-04-0502P)February 6, 2009; February 13, 2009; Madison County RecordThe Honorable Mike Gillespie, Chairman, Madison County Commission, 6994 Courthouse 700, 100 Northside Square, Huntsville, AL 35801June 15, 2009010151
Arkansas: CraigheadCity of Jonesboro (07-06-2616P)August 11, 2008; August 18, 2008; The Jonesboro SunThe Honorable Doug Forman, Mayor, City of Jonesboro, 515 West Washington Avenue, Jonesboro, AR 72401December 16, 2008050048
BoulderCity of Boulder (08-08-0790P)February 6, 2009; February 13, 2009; The Daily CameraThe Honorable Shaun McGrath, Mayor, City of Boulder, P.O. Box 791, Boulder, CO 80306January 28, 2009080024
BoulderUnincorporated areas of Boulder County (08-08-0790P)February 6, 2009; February 13, 2009; The Daily CameraThe Honorable Ben Pearlman, Chairman, Boulder County Board of Commissioners, P.O. Box 471 Boulder, CO 80306January 28, 2009080023
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Connecticut: New HavenTown of Hamden (08-01-0419P)July 24, 2008; July 31, 2008; New Haven RegisterThe Honorable Craig Henrici, Mayor, Town of Hamden, Town Hall, 2750 Dixwell Avenue, Hamden, CT 06518July 30, 2008090078
Miami-DadeCity of Miami (08-04-6874P)February 9, 2009; February 16, 2009; Miami HeraldThe Honorable Manual A. Diaz, Mayor, City of Miami, 3500 Pan American Drive, Miami, FL 33133-5595January 30, 2009120650
PinellasCity of Clearwater (08-04-6704P)February 6, 2009; February 13, 2009; St. Petersburg TimesThe Honorable Frank V. Hibbard, Mayor, City of Clearwater, P.O. Box 4748, Clearwater, FL 33758January 28, 2009125096
LibertyCity of Flemington (08-04-4998P)January 25, 2009; February 1, 2009; Coastal CourierThe Honorable Sandra S. Martin, Mayor, City of Flemington, P.O. Box 46, Hinesville, GA 31310June 2, 2009130124
LibertyCity of Hinesville (08-04-4998P)January 25, 2009; February 1, 2009; Coastal CourierThe Honorable James Thomas, Mayor, City of Hinesville, 115 East Martin Luther King, Jr. Drive, Hinesville, GA 31313June 2, 2009130125
AdaUnincorporated areas of Ada County (08-10-0658P)February 6, 2009; February 13, 2009; Idaho StatesmanThe Honorable Fred Tilman, Chairman, Ada County Board of Commissioners, 200 West Front Street, Boise, ID 83702June 15, 2009160001
AdaCity of Meridian (08-10-0658P)February 6, 2009; February 13, 2009; Idaho StatesmanThe Honorable Tammy de Weerd, Mayor, City of Meridian, Meridian City Hall, Suite 300, 33 East Broadway Avenue, Meridian, ID 83702June 15, 2009160180
TetonUnincorporated areas of Teton County (07-10-0061P)March 20, 2008; March 27, 2009; Teton Valley NewsThe Honorable Larry Young, Chairman, Teton County Board of Commissioners, P.O. Box 756, Driggs, ID 83422March 13, 2008160230
TetonUnincorporated areas of Teton County (07-10-0770P)May 8, 2008; May 15, 2008; Teton Valley NewsThe Honorable Larry Young, Chairman, Teton County Board of Commissioners, P.O. Box 756, Driggs, ID 83422September 12, 2008160230
Iowa: DubuqueUnincorporated areas of Dubuque County (08-07-0804P)February 6, 2009; February 13, 2009; Telegraph HeraldThe Honorable Donna Smith, Supervisor, Dubuque County Board of Supervisors, 720 Central Avenue, Dubuque, IA 52001June 15, 2009190534
Maine: CumberlandTown of Falmouth (09-01-0124P)February 6, 2009; February 13, 2009; Portland Press HeraldThe Honorable William Armitage, Chair, Falmouth Town Council, 271 Falmouth Road, Falmouth, ME 04105June 15, 2009230045
Missouri: Clay, Platte, and JacksonCity of Kansas City (08-07-0725P)February 12, 2009; February 19, 2009; The Daily Recordthe Honorable Mark W. Funkhouser, Mayor, City of Kansas City, City Hall, 29th Floor, 414 East 12th Street, Kansas City, MO 64106June 19, 2009290173
New Mexico: SandovalCity of Rio Rancho (08-06-3060P)February 6, 2009; February 13, 2009; The Albuquerque JournalThe Honorable Thomas E. Swisstack, Mayor, City of Rio Rancho, 3200 Civic Center Circle Northeast, Rio Rancho, NM 87144June 15, 2009350146
Pennsylvania: LehighTownship of Upper Macungie (08-03-1442P)February 6, 2009; February 13, 2009; The Morning CallThe Honorable Edward Earley, Chairman, Upper Macungie Township, 8330 Schantz Rd., Breinigsville, PA 18031January 29, 2009421044
BrazosCity of Bryan (08-06-2045P)February 12, 2009; February 19, 2009; Bryan College Station EagleThe Honorable Mark Conlee, Mayor, City of Bryan, 300 South Texas Avenue, Bryan, TX 77803June 19, 2009480082
CollinCity of Frisco (09-06-0212P)February 6, 2009; February 13, 2009; Frisco EnterpriseThe Honorable Maher Maso, Mayor, City of Frisco, 6101 Frisco Square Boulevard, Frisco, TX 75034June 15, 2009480134
GuadalupeCity of Cibolo (08-06-2221P)February 12, 2009; February 19, 2009; Seguin Gazette EnterpriseThe Honorable Johnny Sutton, Mayor, City of Cibolo, P.O. Box 826, Cibolo, TX 78108June 18, 2009480267
GuadalupeUnincorporated areas of Guadalupe County (08-06-2221P)February 23, 2009; February 19, 2009; Seguin Gazette EnterpriseThe Honorable Mike Wiggins, Guadalupe County Judge, 307 West Court Street, Seguin, TX 78155June 18, 2009480266
HuntCity of Greenville (08-06-1111P)July 30, 2008; August 6, 2008; Herald BannerThe Honorable Tom Oliver, Mayor, City of Greenville, P.O. Box 1049, Greenville, TX 75401December 4, 2008485473
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(Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)

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Dated: March 2, 2009.

Michael K. Buckley,

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

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[FR Doc. E9-6629 Filed 3-24-09; 8:45 am]