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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 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.

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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: AutaugaCity of Prattville (07-04-6309P)February 28, 2009; March 7, 2009; Prattville ProgressThe Honorable Jim Byard, Jr., Mayor, City of Prattville, 101 West Main Street, Prattville, AL 36067February 20, 2009010002
CoconinoUnincorporated areas of Coconino County (08-09-1418P)February 20, 2009; February 27, 2009; Arizona Daily SunThe Honorable Deb Hill, Chairman, Coconino County Board of Supervisors, 219 East Cherry Avenue, Flagstaff, AZ 86001June 29, 2009040019
MaricopaCity of Avondale (08-09-0655P)March 5, 2009; March 12, 2009; Arizona Business GazetteThe Honorable Marie Lopez, Mayor, City of Avondale, 11465 West Civic Center Drive, Suite 280, Avondale, AZ 85323July 10, 2009040038
MaricopaUnincorporated areas of Maricopa County (08-09-0655P)March 5, 2009; March 12, 2009; Arizona Business GazetteThe Honorable Andrew Kunasek, Chairman, Maricopa County Board of Supervisors, 301 West Jefferson Street, 10th Floor, Phoenix, AZ 85003July 10, 2009040037
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MaricopaCity of Peoria (08-09-1474P)January 22, 2009; January 29, 2009; Arizona Business GazetteThe Honorable Bob Barrett, Mayor, City of Peoria, City of Peoria Municipal Complex, 8401 West Monroe Street, Peoria, AZ 85345January 12, 2009040050
MaricopaCity of Tolleson (08-09-0655P)March 5, 2009; March 12, 2009; Arizona Business GazetteThe Honorable Adolfo F. Gámez, Mayor, City of Tolleson, 9555 West Van Buren Street, Tolleson, AZ 85353July 10, 2009040055
California: San DiegoCity of National City (08-09-1802P)March 3, 2009; March 10, 2009; San Diego Union TribuneThe Honorable Ron Morrison, Mayor, National City, 1243 National City Boulevard, National City, CA 91950July 8, 2009060293
Colorado: JeffersonCity of Golden (09-08-0184P)March 5, 2009; March 12, 2009; Golden TranscriptThe Honorable Jacob Smith, Mayor, City of Golden, 911 10th Street, Golden, CO 80401February 27, 2009080090
Florida: SeminoleUnincorporated areas of Seminole County (08-04-6702P)March 6, 2009; March 13, 2009; Orlando SentinelThe Honorable Bob Dallari, Chairman, Seminole County Board of Commissioners, 1101 East First Street, Sanford, FL 32771February 25, 2009120289
ColumbiaUnincorporated areas of Columbia County (07-04-4253P)March 1, 2009; March 8, 2009; Columbia County News TimesThe Honorable Ron C. Cross, Chairman, Columbia County Board of Commissioners, P.O. Box 498, Evans, GA 30809July 6, 2009130059
HenryUnincorporated areas of Henry County (08-04-5164P)March 13, 2009; March 20, 2009; Daily HeraldThe Honorable Elizabeth “BJ” Mathis, Chairperson, Board of Commissioners, Henry County, 140 Henry Parkway, McDonough, GA 30253July 20, 2009130468
BlaineUnincorporated areas of Blaine County (09-10-0141P)March 11, 2009; March 18, 2009; Idaho Mountain ExpressThe Honorable Tom Bowman, Chairman, Blaine County Board of Commissioners, 206 First Avenue South, Suite 300, Hailey, ID 83333February 27, 2009165167
BlaineCity of Hailey (09-10-0141P)March 11, 2009; March 18, 2009; Idaho Mountain ExpressThe Honorable Rick Davis, Mayor, City of Hailey, 115 Main Street South, Suite H, Hailey, ID 83333February 27, 2009160022
Kentucky: Lexington-Fayette Urban County GovernmentLexington-Fayette Urban County Government (08-04-5296P)December 12, 2008; December 19, 2008; Lexington Herald LeaderThe Honorable Jim Newberry, Mayor, Lexington-Fayette, Urban County Government, 200 East Main Street, 12th Floor, Lexington, KY 40507November 28, 2008210067
East Baton RougeUnincorporated areas of East Baton Rouge Parish (08-06-2569P)February 11, 2009; February 18, 2009; The AdvocateThe Honorable Melvin Holden, Mayor, East Baton Rouge Parish, 222 Saint Louis Street, Third Floor, Baton Rouge, LA 70802June 18, 2009220058
East Baton RougeCity of Zachary (08-06-2569P)February 12, 2009; February 19, 2009; Zachary PlainsmanThe Honorable Henry J. Martinez, Mayor, City of Zachary, 4700 Main Street, Zachary, LA 70791June 18, 2009220061
New Hampshire: GraftonTown of Waterville Valley (08-01-0905P)September 4, 2008; September 11, 2008; Record EnterpriseThe Honorable Dave Jenkins, Chair, Board of Selectmen, Town of Waterville Valley, Town Office, P.O. Box 500, Waterville Valley, NH 03215January 9, 2009330077
North Carolina: GuilfordCity of Greensboro (09-04-0087P)March 6, 2009; March 13, 2009; Greensboro News & RecordThe Honorable Yvonne J. Johnson, Mayor, City of Greensboro, P.O. Box 3136, Greensboro, NC 27402-3136July 13, 2009375351
South Carolina: JasperUnincorporated areas of Jasper County (08-04-5295P)March 4, 2009; March 11, 2009; Jasper County SunThe Honorable Dr. George Hood, Chairman, Jasper County Council, P.O. Box 1149, Ridgeland, SC 29936July 9, 2009450112
BexarUnincorporated areas of Bexar County (09-06-0762P)March 6, 2009; March 13, 2009; Daily Commercial RecorderThe Honorable Nelson W. Wolff, Bexar County Judge, 100 Dolorosa Street, Suite 120, San Antonio, TX 78205July 13, 2009480035
DentonTown of Copper Canyon (09-06-0214P)March 2, 2009; March 9, 2009; Denton Record ChronicleThe Honorable Sue Tejml, Mayor, Town of Copper Canyon, 400 Woodland Drive, Copper Canyon, TX 75077February 25, 2009481508
FauquierUnincorporated areas of Fauquier County (08-03-1792P)March 5, 2009; March 12, 2009; Fauquier Times DemocratThe Honorable R. Holder Trumbo, Jr., Chairman, Board of Supervisors, 10 Hotel Street, Suite 208, Warrenton, VA 20186July 10, 2009510055
HenricoUnincorporated areas of Henrico County (09-03-0224P)March 12, 2009; March 19, 2009; Richmond Times DispatchThe Honorable David A. Kaechele, Chairman, Board of Supervisors, Henrico County, P.O. Box 90775, Henrico, VA 23273July 17, 2009510077
Wisconsin: DaneCity of Sun Prairie (08-05-1760P)March 12, 2009; March 19, 2009; The StarThe Honorable Joe Chase, Mayor, City of Sun Prairie, 300 East Main Street, Sun Prairie, WI 53590February 27, 2009550573
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(Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance”)

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Dated: April 10, 2009.

Michael K. Buckley,

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

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[FR Doc. E9-9063 Filed 4-20-09; 8:45 am]