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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 FEMA Assistant Administrator for Mitigation 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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Kevin C. Long, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-2820.

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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 modicationCommunity No.
Alabama: ShelbyCity of Montevallo (08-04-6211P)June 11, 2009; June 18, 2009; The Birmingham NewsThe Honorable Ben McCrory, Mayor, City of Montevallo, 545 Main Street, Montevallo, AL 35115October 16, 2009010349
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San BernardinoCity of Redlands (09-09-0076P)June 11, 2009; June 18, 2009; Redlands Daily FactsThe Honorable Jon Harrison, Mayor, City of Redlands, 35 Cajon Street, Suite 200, Redlands, CA 92373May 29, 2009060279
San DiegoCity of San Diego (09-09-0194P)June 10, 2009; June 17, 2009; San Diego TranscriptThe Honorable Jerry Sanders, Mayor, San Diego County, 202 C Street, 11th Floor, San Diego, CA 92101October 15, 2009060295
San DiegoUnincorporated areas of San Diego County (09-09-0374P)June 17, 2009; June 24, 2009; San Diego TranscriptThe Honorable Dianne Jacob, Chairwoman, San Diego County Board of Supervisors, 1600 Pacific Highway, Room 335, San Diego, CA 92101October 22, 2009060284
VenturaCity of Oxnard (09-09-1399P)June 11, 2009; June 18, 2009; Ventura StarThe Honorable Thomas Holden, Mayor, City of Oxnard, 300 West 3rd Street, Oxnard, CA 93030May 29, 2009060417
Colorado: Adams & ArapahoeCity of Aurora (09-08-0361P)June 11, 2009; June 18, 2009; Aurora SentinelThe Honorable Ed Tauer, Mayor, City of Aurora, 15151 East Alameda Parkway, Aurora, CO 80012October 16, 2009080002
HartfordTown of Farmington (09-01-0125P)March 23, 2009; March 30, 2009; The Hartford CourantThe Honorable Michael Clark, Chair, Town of Farmington Council, 1 Monteith Drive, Farmington, CT 06032July 28, 2009090029
New HavenTown of Branford (09-01-0507P)June 11, 2009; June 18, 2009; Branford SoundThe Honorable Anthony DaRos, First Selectman, Town of Branford, P.O. Box 150, Branford, CT 06405May 29, 2009090073
DouglasUnincorporated areas of Douglas County (09-08-0431P)May 21, 2009; May 28, 2009; Douglas County News PressThe Honorable Jack Hilbert, Chairman, Douglas County Board of Commissioners, 100 3rd Street, Castle Rock, CO 80104September 25, 2009080049
DouglasTown of Parker (09-08-0431P)May 21, 2009; May 28, 2009; Douglas County News PressThe Honorable David Casiano. Mayor, Town of Parker, 20120 East Main Street, Parker, CO 80138September 25, 2009080310
SummitTown of Silverthorne (08-08-0785P)June 5, 2009; June 12, 2009; Summit County JournalThe Honorable David Koop, Mayor, Town of Silverthorne, P.O. Box 1309, Silverthorne, CO 80498May 22, 2009080201
Delaware: New CastleUnincorporated areas of New Castle County (09-03-0923P)June 9, 2009; June 16, 2009; The News JournalMr. Christopher Coons, County Executive, New Castle County, 87 Reads Way Corporate Commons, New Castle, DE 19720October 13, 2009105085
Florida: LeeUnincorporated areas of Lee County (09-04-3111P)June 8, 2009; June 15, 2009; Fort Myers News-PressThe Honorable Ray Judah, Chairman, Lee County, Board of Commissioners, Post Office Box 398, Fort Myers, FL 33902May 27, 2009125124
Georgia:ColumbiaUnincorporated areas of Columbia County (09-04-2902P)June 14, 2009; June 21, 2009; Columbia County News TimesThe Honorable Ron C. Cross, Chairman, Columbia County Board of Commissioners, P.O. Box 498, Evans, GA 30809May 29, 2009
ColumbiaCity of Grovetown (09-04-2902P)June 14, 2009; June 21, 2009; Columbia County News TimesThe Honorable George W. James III, Mayor, City of Grovetown, 201 Williams Street, Grovetown, GA 30813May 29, 2009130265
Idaho: CanyonUnincorporated areas of Canyon County (08-10-0685P)May 11, 2009; May 18, 2009; Idaho Press TribuneThe Honorable David Ferdinand, Chairman, Canyon County Board of Commissioners, 1115 Albany Street, Caldwell, ID 83605April 30, 2009160208
Kansas:SedgwickUnincorporated areas of Sedgwick County (08-07-1331P)April 20, 2009, April 27, 2009, Wichita EagleThe Honorable Kelly Parks, Chairman, Sedgwick County Board of Commissioners, County Courthouse, 525 North Main Street, Wichita, KS 67203August 25, 2009
SedgwickCity of Valley Center (08-07-1331P)April 20, 2009; April 27, 2009; Wichita EagleThe Honorable Michael D. McNown, Mayor, City of Valley Center, P.O. Box 188, Valley Center, KS 67147August 25, 2009200327
Michigan: MacombTownship of Shelby (09-05-0484P)June 21, 2009; June 28, 2009; The SourceThe Honorable Richard Stathakis, Supervisor, Shelby Township, 52700 Van Dyke Avenue, Shelby Township, MI 48316October 19, 2009260126
Nebraska: LincolnCity of North Platte (09-07-1206P)June 25, 2009; July 2, 2009; North Platte TelegraphThe Honorable Marc Kaschke, Mayor, City of North Platte, 211 West 3rd Street, North Platte, NE 69101June 15, 2009310143
Ohio: LucasCity of Toledo (09-05-0642P)June 3, 2009; June 10, 2009; Toledo BladeThe Honorable Carleton S. Finkbeiner, Mayor, City of Toledo, 1 Government Center, 640 Jackson Street, Suite 2200, Toledo, OH 43604May 21, 2009395373
Tennessee: WilsonCity of Mt. Juliet (09-04-1406P)June 19, 2009; June 26, 2009; Lebanon DemocratThe Honorable Linda Elam, Mayor, City of Mount Juliet, 2425 North Mount Juliet Road, Mount Juliet, TN 37122June 10, 2009470290
Texas:BexarCity of San Antonio (09-06-0261P)June 10, 2009; June 17, 2009; San Antonio Express NewsThe Honorable Phil Hardberger, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283October 15, 2009
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CherokeeCity of Jacksonville (09-06-0483P)June 9, 2009; June 16, 2009; Jacksonville Daily ProgressThe Honorable Robert N. Haberle, Mayor, City of Jacksonville, P.O. Box 1390, Jacksonville, TX 75766October 14, 2009480123
TarrantCity of Fort Worth (09-06-1123P)April 3, 2009, April 10, 2009, Fort Worth Star TelegramThe Honorable Michael J. Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102March 25, 2009480596

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

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Deborah S. Ingram,

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

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[FR Doc. E9-25860 Filed 10-26-09; 8:45 am]