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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 Start Printed Page 12652that 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.
MaricopaUnincorporated areas of Maricopa County (09-09-0381P)January 8, 2009; January 15, 2009; Arizona Business GazetteThe Honorable Andrew W. Kunasek, Chairman, Maricopa County Board of Supervisors, 301 West Jefferson Street, 10th Floor, Phoenix, AZ 85003May 15, 2009040037
MaricopaCity of Tolleson (09-09-0381P)January 8, 2009; January 15, 2009; Arizona Business GazetteThe Honorable Charles P. Hayes, Mayor, City of Tolleson, 9555 West Van Buren Street, Tolleson, AZ 85353May 15, 2009040055
RiversideCity of La Quinta (08-09-0307P)January 10, 2008; January 17, 2008; The Press EnterpriseThe Honorable Donald Adolph, Mayor, City of La Quinta, P.O. Box 1504, La Quinta, CA 92247December 18, 2007060709
San DiegoCity of San Diego (08-09-1767P)January 23, 2009; January 30, 2009; San Diego TranscriptThe Honorable Jerry Sanders, Mayor, City of San Diego, 202 C Street, 11th Floor, San Diego, CA 92101June 2, 2009060295
DenverCity and County of Denver (08-08-0948P)December 17, 2008; December 24, 2008; Rocky Mountain NewsThe Honorable John W. Hickenlooper, Mayor, City and County of Denver, 1437 Bannock Street, Suite 350, Denver, CO 80202December 9, 2008080046
Indiana: HamiltonTown of Fishers (08-05-0876P)January 22, 2009; January 29, 2009; Noblesville LedgerThe Honorable Christine Altman, Hamilton County Board of Commissioners, One Hamilton County Square, Noblesville, IN 46060January 13, 2009180423
Missouri: PhelpsCity of Rolla (08-07-0803P)October 10, 2008; October 16, 2008; Rolla Daily NewsThe Honorable William Jenks III, Mayor, City of Rolla, P.O. Box 979, Rolla, MO 65401February 20, 2009290285
North Carolina: IredellIredell County (Unincorporated Areas) (08-04-2756P)January 7, 2009; January 14, 2009; Statesville Record & LandmarkMr. Joel Mashburn, Manager, Iredell County, P.O. Box 788, Statesville, NC 28687May 14, 2009370313
Ohio: MontgomeryUnincorporated areas of Montgomery County (08-05-2057P)July 23, 2008; July 30, 2008; Englewood IndependentThe Honorable Deborah A. Lieberman, County Commissioner, 451 West Third Street, 11th Floor, Dayton, OH 45422November 27, 2008390775
Tennessee: WilsonCity of Mount Juliet (08-04-4369P)January 9, 2009; January 16, 2009; Lebanon DemocratThe Honorable Linda C. Elam, Mayor, City of Mt. Juliet, P.O. Box 256, Mt. Juliet, TN 37121May 18, 2009470290
EllisCity of Waxahachie (08-06-1778P)October 1, 2008; October 8, 2008; Waxahachie Daily LightThe Honorable Ron Wilkinson, Mayor, City of Waxahachie, P.O. Box 757, Waxahachie, TX 75168-0757February 5, 2009480211
HaysCity of Buda (07-06-1994P re-issues 0.6-06-B986P)May 9, 2007; May 16, 2007; Hays County Free PressThe Honorable John Trube, Mayor, City of Buda, P. O. Box 1218, Buda, TX 78610August 15, 2007481640
HaysUnincorporated areas of Hays County (07-06-1994P re-issues 0.6-06-B986P)May 9, 2007; May 16, 2007; Hays County Free PressThe Honorable Jim Powers, Hays County Judge, 111 East San Antonio Street, Suite 300, San Marcos, TX 78666August 15, 2007480321
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(Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)

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Dated: February 25, 2009.

Michael K. Buckley,

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

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[FR Doc. E9-6676 Filed 3-24-09; 8:45 am]