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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.Start Printed Page 28628

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.
MaricopaTown of Gilbert (08-09-1488P)April 23, 2009; April 30, 2009; Arizona Business GazetteThe Honorable Steven M. Berman, Mayor, Town of Gilbert, 50 East Civic Center Drive, Gilbert, AZ 85296April 8, 2009040044
MaricopaUnincorporated areas of Maricopa County (08-09-1488P)April 23, 2009; April 30, 2009; Arizona Business GazetteThe Honorable Andrew W. Kunasek, Chairman, Maricopa County, Board of Supervisors, 301 West Jefferson Street, 10th Floor, Phoenix, AZ 85003April 8, 2009040037
MaricopaTown of Queen Creek (08-09-1488P)April 23, 2009; April 30, 2009; Arizona Business GazetteThe Honorable Art Sanders, Mayor, Town of Queen Creek, 22350 South Ellsworth Road, Queen Creek, AZ 85242April 8, 2009040132
NavajoUnincorporated areas of Navajo County (08-09-1857P)April 22, 2009; April 29, 2009; The Tribune NewsThe Honorable J.R. Despain, Chairman, Navajo County, Board of Supervisors, P.O. Box 668, Holbrook, AZ 86025August 27, 2009040066
Florida: PolkUnincorporated areas of Polk County (09-04-1385P)April 8, 2009; April 15, 2009; The Polk County DemocratThe Honorable Sam Johnson, Chairman, Polk County Board of Commissioners, P.O. Box 9005, Drawer BC01, Bartow, FL 33831-9005August 13, 2009120261
Idaho: BlaineUnincorporated areas of Blaine County (09-10-0307P)April 22, 2009; April 29, 2009; Idaho Mountain ExpressThe Honorable Tom Bowman, Chairman, Blaine County Board of Commissioners, 206 First Street South, Suite 300, Hailey, ID 83333April 14, 2009165167
CrawfordCity of Denison (08-07-1528P)April 10, 2009; April 17, 2009; Denison Bulletin & ReviewThe Honorable Nathan Mahrt, Mayor, City of Denison, P.O. Box 668, Denison, IA 51442August 17, 2009190096
PolkCity of Ankeny (08-07-1252P)April 22, 2009; April 29, 2009; Des Moines RegisterThe Honorable Steve Van Oort, Mayor, City of Ankeny, 410 West First Street, Ankeny, IA 50023April 13, 2009190226
Missouri: St. LouisCity of Richmond Heights (09-07-0908P)April 30, 2009; May 7, 2009; The CountianThe Honorable James J. Beck, Mayor, City of Richmond Heights, 1330 South Big Bend Boulevard, Richmond Heights, MO 63117September 8, 2009290380
FlatheadUnincorporated areas of Flathead County (08-08-0361P)May 1, 2009; May 8, 2009; Daily Inter LakeThe Honorable Dale W. Lauman, Chairman, Flathead County Board of Commissioners, 800 South Main Street, Kalispell, MT 59901April 21, 2009800023
StillwaterUnincorporated areas of Stillwater County (07-08-0854P)July 17, 2008; July 24, 2008; Stillwater County NewsThe Honorable Dennis R. Hoyem, Chairman, Stillwater County Board of Commissioners, P.O. Box 970, Columbus, MT 59019November 24, 2008300078
North Carolina:
OrangeTown of Chapel Hill (09-04-1756P)March 26, 2009; April 2, 2009; Chapel Hill HeraldThe Honorable Kevin C. Foy, Mayor, Town of Chapel Hill, Mayor's Office, 405 Martin Luther King Jr. Boulevard, Chapel Hill, NC 27514July 31, 2009370180
WakeWake County (Unincorporated Areas) (08-04-5834P)March 13, 2009; March 20, 2009; The News & ObserverMr. David C. Cooke, Manager, Wake County, P.O. Box 550, Suite 1100, Raleigh, NC 27602July 17, 2009370368
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WakeTown of Holly Springs (08-04-5834P)March 13, 2009; March 20, 2009; The News & ObserverThe Honorable Dick Sears, Mayor, Town of Holly Springs, P.O. Box 8, Holly Springs, NC 27540July 17, 2009370403
HuntUnincorporated areas of Hunt County (08-06-1912P)April 22, 2009; April 29, 2009; Herald BannerThe Honorable John Horn, Hunt County Judge, P.O. Box 1097, Greenville, TX 75403April 10, 2009480363
TarrantCity of Arlington (09-06-0207P)March 30, 2009; April 6, 2009; Star TelegramThe Honorable Robert N. Cluck, Mayor, City of Arlington, 101 West Abram Street, Arlington, TX 76004August 4, 2009485454
TarrantCity of Fort Worth (08-06-1200P)April 7, 2009; April 14, 2009; Star TelegramThe Honorable Michael J. Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102March 27, 2009480596
Wisconsin: St. CroixVillage of Baldwin (09-05-1751P)April 28, 2009; May 5, 2009; The Baldwin BulletinThe Honorable Donald McGee, President, Village of Baldwin, P.O. Box 97, Baldwin, WI 54002April 16, 2009550380

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

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Dated: June 9, 2009.

Edward L. Connor,

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

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[FR Doc. E9-14278 Filed 6-16-09; 8:45 am]