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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.
Arizona: YavapaiCity of Cottonwood (08-09-1293P)March 13, 2009; March 20, 2009; Prescott Daily CourierThe Honorable Diane Joens, Mayor, City of Cottonwood, 827 North Main Street, Cottonwood, AZ 86326July 20, 2009040096
BoulderCity of Longmont (08-08-0011P)March 12, 2009; March 19, 2009; Longmont Times-CallThe Honorable Roger Lange, Mayor, City of Longmont, 350 Kimbark Street, Longmont, CO 80501July 17, 2009080027
El PasoUnincorporated areas of El Paso County (08-08-0541P)March 18, 2009; March 25, 2009; El Paso County AdvertiserThe Honorable Dennis Hisey, Chairman, El Paso County, Board of Commissioners, 27 East Vermijo Avenue, Colorado Springs, CO 80903-2208July 23, 2009080059
JeffersonCity of Westminster (09-08-0055P)March 12, 2009; March 19, 2009; Westminster WindowThe Honorable Nancy McNally, Mayor, City of Westminster, 4800 West 92nd Avenue, Westminster, CO 80031July 17, 2009080008
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TellerUnincorporated areas of Teller County (08-08-0921P)March 11, 2009; March 18, 2009; Pikes Peak Courier ViewThe Honorable James Ignatius, Chairman, Teller County, Board of Commissioners, 112 North A Street, Cripple Creek, CO 80813July 16, 2009080173
TellerTown of Woodland Park (08-08-0921P)March 11, 2009; March 18, 2009; Pikes Peak Courier ViewThe Honorable Steve Randolph, Mayor, City of Woodland Park, 220 West South Avenue, Woodland Park, CO 80866July 16, 2009080175
BarrowUnincorporated areas of Barrow County (07-04-5359P)March 25, 2009; April 1, 2009; Barrow County NewsThe Honorable Daniel Yearwood Jr., Chairman, Barrow County, Board of Commissioners, 233 East Broad Street, Winder, GA 30680July 30, 2009130497
ColumbiaUnincorporated areas of Columbia County (08-04-3574P)March 15, 2009; March 22, 2009; Columbia County News-TimesThe Honorable Ron C. Cross, Chairman, Columbia County, Board of Commissioners, P.O. Box 498, Evans, GA 30809July 20, 2009130059
Hawaii: HawaiiUnincorporated areas of Hawaii County (08-09-1568P)March 12, 2009; March 19, 2009; Hawaii Tribune-HeraldThe Honorable William P. Kenoi, Mayor, Hawaii County, 25 Aupuni Street, Hilo, HI 96720July 17, 2009155166
Illinois: McHenryVillage of Algonquin (08-05-3751P)March 20, 2009; March 27, 2009; Northwest HeraldThe Honorable John Schmitt, President, Village of Algonquin, 2200 Harnish Drive, Algonquin, IL 60102July 27, 2009170474
Missouri: St. CharlesCity of St. Peters (08-07-1439P)March 13, 2009; March 20, 2009; St. Louis Post DispatchThe Honorable Len Pagano, Mayor, City of St. Peters, One St. Peters Centre Boulevard, St. Peters, MO 63376July 20, 2009290319
Ohio: LorainCity of Avon Lake (08-05-5004P)March 12, 2009; March 19, 2009; Morning JournalThe Honorable Karl J. Zuber, Mayor, City of Avon Lake, 150 Avon Belden Road, Avon Lake, OH 44012February 27, 2009390602
Oregon: LaneUnincorporated areas of Lane County (08-10-0649P)March 20, 2009; March 27, 2009; The Register-GuardThe Honorable Faye Stewart II, Chairman, Lane County, Board of Commissioners, Lane County Public Service Building, 125 East Eighth Street, Eugene, OR 97401July 27, 2009415591
South Carolina:
JasperTown of Hardeeville (07-04-6247P)February 4, 2009; February 11, 2009; Jasper County SunThe Honorable A. Brooks Willis, Mayor, Town of Hardeeville, 205 East Main Street, Hardeeville, SC 29927June 11, 2009450113
JasperUnincorporated areas of Jasper County (07-04-6247P)February 4, 2009; February 11, 2009; Jasper County SunThe Honorable George Hood, Chairman, Jasper County Council, P.O. Box 1149, Ridgeland, SC 29936June 11, 2009450112

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

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Dated: April 30, 2009.

Deborah S. Ingram,

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

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[FR Doc. E9-10635 Filed 5-6-09; 8:45 am]