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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 Start Printed Page 57922management 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.
Idaho: TetonUnincorporated areas of Teton County (08-10-0585P)May 21, 2009; May 28, 2009; Teton Valley NewsThe Honorable Larry Young, Chairman, Teton County, Board of Commissioners, P.O. Box 756, Driggs, ID 83422September 25, 2009160230
OlmstedUnincorporated areas of Olmsted County (09-05-1227P)May 26, 2009; June 2, 2009; Post-BulletinThe Honorable Ken Brown, Commissioner, c/o County Administration, 151 4th Street Southeast, Rochester, MN 55904May 15, 2009270626
OlmstedCity of Rochester (09-05-1227P)May 26, 2009; June 2, 2009; Post-BulletinThe Honorable Ardell F. Brede, Mayor, City of Rochester, 201 4th Street Southeast, Room 281, Rochester, MN 55904May 15, 2009275246
StearnsCity of Cold Springs (09-05-2287P)June 2, 2009; June 9, 2009; Cold Springs RecordThe Honorable Doug Schmitz, Mayor, City of Cold Spring, 12 11th Avenue North, Cold Spring, MN 56320October 7, 2009270444
Missouri: JeffersonUnincorporated areas of Jefferson County (09-07-0429P)June 4, 2009; June 11, 2009; Jefferson County LeaderMr. Chuck Banks, Jefferson County Executive, Jefferson County, P.O. Box 100, Hillsboro, MO 63050May 28, 2009290808
Montana: FlatheadUnincorporated areas of Flathead County (09-08-0251P)May 26, 2009; June 2, 2009; Daily Inter LakeThe Honorable Dale Lauman, Chairman, Flathead County Board of Commissioners, 800 South Main Street, Kalispell, MT 59901September 30, 2009300023
New Mexico: SandovalCity of Rio Rancho (09-06-0561P)June 5, 2009; June 12, 2009; Albuquerque JournalThe Honorable Thomas E. Swisstack, Mayor, City of Rio Rancho, 3200 Civic Center Circle Northeast, Rio Rancho, NM 87144May 26, 2009350146
South Carolina:
AikenUnincorporated areas of Aiken County (09-04-1792P)May 8, 2009; May 15, 2009; Aiken StandardThe Honorable Ronnie Young, Council Chairman, Aiken County Council, 736 Richland Avenue West, Aiken, SC 29801April 30, 2009450002
AikenCity of North Augusta (09-04-1792P)May 8, 2009; May 15, 2009; Aiken StandardThe Honorable Lark W. Jones, Mayor, City of North Augusta, Post Office Box 6400, North Augusta, SC 29861April 30, 2009450007
South Dakota: LawrenceCity of Deadwood (09-08-0225P)June 3, 2009; June 10, 2009; Lawrence County JournalThe Honorable Francis A. Toscana, Mayor, City of Deadwood, P.O. Box 413, Deadwood, SD 57732October 8, 2009460045
Texas: KerrCity of Kerrville (09-06-0116P)May 11, 2009; May 18, 2009; Kerrville Daily TimesThe Honorable Todd Bock, Mayor, City of Kerrville, 800 Junction Highway, Kerrville, TX 78028September 15, 2009480420
Utah: DavisCity of Centerville (07-08-0754P)May 26, 2009; June 2, 2009; Salt Lake TribuneThe Honorable Ronald G. Russell, Mayor, City of Centerville, 73 West Ricks Creek Way, Centerville, UT 84014May 12, 2009490040
RockinghamTown of Bridgewater (09-03-0163P)May 21, 2009; May 28, 2009; Daily News RecordMr. Bob F. Holton, Town Superintendent, Town of Bridgewater, 201 Green Street, Bridgewater, VA 22812May 12, 2009510134
RockinghamUnincorporated areas of Rockingham County (09-03-0163P)May 21, 2009; May 28, 2009; Daily News RecordMr. Joseph F. Paxton, County Administrator, Rockingham County, 20 East Gay Street, Harrisonburg, VA 22801May 12, 2009510133
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(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. E9-27111 Filed 11-9-09; 8:45 am]