Skip to Content

Rule

Changes in Flood Elevation Determinations

Document Details

Information about this document as published in the Federal Register.

Enhanced Content

Relevant information about this document from Regulations.gov provides additional context. This information is not part of the official Federal Register document.

Published Document

This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

Start Preamble

AGENCY:

Federal Emergency Management Agency, DHS.

ACTION:

Final rule.

SUMMARY:

Modified Base (1% annual-chance) Flood Elevations (BFEs) are finalized for the communities listed below. These modified BFEs will be used to calculate flood insurance premium rates for new buildings and their contents.

DATES:

The effective dates for these modified BFEs are indicated on the following table and revise the Flood Insurance Rate Maps (FIRMs) in effect for the listed communities prior to this date.

ADDRESSES:

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.

Start Further Info

FOR FURTHER INFORMATION CONTACT:

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

End Further Info End Preamble Start Supplemental Information

SUPPLEMENTARY INFORMATION:

The Federal Emergency Management Agency (FEMA) makes the final determinations listed below for the modified BFEs for each community listed. These modified BFEs have been published in newspapers of local circulation and ninety (90) days have elapsed since that publication. The Assistant Administrator for Mitigation has resolved any appeals resulting from this notification.

The modified BFEs are not listed for each community in this notice. However, this final rule includes the address of the Chief Executive Officer of the community where the modified BFEs determinations are available for inspection.

The modified BFEs are made pursuant to section 206 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 other Federal, State, or regional entities.

These modified BFEs are used to meet the floodplain management requirements of the NFIP and are also used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in these buildings. The changes in BFEs are in accordance with 44 CFR 65.4.

National Environmental Policy Act. This final 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 final 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 final rule involves no policies that have federalism implications under Executive Order 13132, Federalism.

Executive Order 12988, Civil Justice Reform. This final rule meets the applicable standards of Executive Order 12988.

Start List of Subjects

List of Subjects in 44 CFR Part 65

End List of Subjects Start Amendment Part

Accordingly,

End Amendment Part Start Part

PART 65—[AMENDED]

End Part Start Amendment Part

1. The authority citation for part 65 continues to read as follows:

End Amendment Part Start Authority

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.

End Authority
[Amended]
Start Amendment Part

2. The tables published under the authority of § 65.4 are amended as follows:

End Amendment Part
State and countyLocation and case No.Date and name of newspaper where notice was publishedChief executive officer of communityEffective date of modificationCommunity No.
Alabama: St. Clair (FEMA Docket No: B-1036)Town of Moody (08-04-4404P)January 9, 2009; January 16, 2009; The Birmingham NewsThe Honorable Joe Lee, Mayor, Town of Moody, 670 Park Avenue, Moody, AL 35004May 18, 2009010187
Arizona:
Maricopa (FEMA Docket No: B-1039)Unincorporated areas of Maricopa County (09-09-0381P)January 8, 2009; January 15, 2009; Arizona Business GazetteThe Honorable Andrew W. Kunasek, Chairman, Maricopa County Board of Supervisors, 301 West Jefferson Street, 10th Floor, Phoenix, AZ 85003May 15, 2009040037
Maricopa (FEMA Docket No: B-1046)City 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
Maricopa (FEMA Docket No: B-1039)City of Tolleson (09-09-0381P)January 8, 2009; January 15, 2009; Arizona Business GazetteThe Honorable Charles P. Hayes, Mayor, City of Tolleson, 9555 West Van Buren Street, Tolleson, AZ 85353May 15, 2009040055
Start Printed Page 61565
Pinal (FEMA Docket No: B-1036)City of Apache Junction (08-09-1318P)January 12, 2009; January 19, 2009; Apache Junction NewsThe Honorable Douglas Coleman, Mayor, City of Apache Junction, 300 East Superstition Boulevard, Apache Junction, AZ 85219May 19, 2009040120
Pinal (FEMA Docket No: B-1044)City of Casa Grande (08-09-1919P)February 20, 2009; February 27, 2009; Casa Grande DispatchThe Honorable Robert M. Jackson, Mayor, City of Casa Grande, 510 East Florence Boulevard, Casa Grande, AZ 85222February 10, 2009040080
California:
Monterey (FEMA Docket No: B-1036)City of Salinas (08-09-1361P)January 12, 2009; January 19, 2009; The Salinas CalifornianThe Honorable Dennis Donohue, Mayor, City of Salinas, 200 Lincoln Avenue, Salinas, CA 93901May 19, 2009060202
San Diego (FEMA Docket No: B-1039)City of San Diego (08-09-1767P)January 23, 2009; January 30, 2009; San Diego TranscriptThe Honorable Jerry Sanders, Mayor, City of San Diego, 202 C Street, 11th Floor, San Diego, CA 92101June 2, 2009060295
Colorado:
Boulder (FEMA Docket No: B-1042)City of Boulder (08-08-0790P)February 6, 2009; February 13, 2009; The Daily CameraThe Honorable Shaun McGrath, Mayor, City of Boulder, P.O. Box 791, Boulder, CO 80306January 28, 2009080024
Boulder (FEMA Docket No: B-1042)Unincorporated areas of Boulder County (08-08-0790P)February 6, 2009; February 13, 2009; The Daily CameraThe Honorable Ben Pearlman, Chairman, Boulder County Board of Commissioners, P.O. Box 471, Boulder, CO 80306January 28, 2009080023
Jefferson (FEMA Docket No: B-1036)Unincorporated areas of Jefferson County (08-08-0667P)January 7, 2009; January 14, 2009; High Timber TimesThe Honorable Kathy Hartman, Chairman, Jefferson County Board of Commissioners, 100 Jefferson County Parkway, Golden, CO 80419May 14, 2009080087
Florida:
Miami-Dade (FEMA Docket No: B-1042)City of Miami (08-04-6874P)February 9, 2009; February 16, 2009; Miami HeraldThe Honorable Manual A. Diaz, Mayor, City of Miami, 3500 Pan American Drive, Miami, FL 33133January 30, 2009120650
Pinellas (FEMA Docket No: B-1042)City of Clearwater (08-04-6704P)February 6, 2009; February 13, 2009; St. Petersburg TimesThe Honorable Frank V. Hibbard, Mayor, City of Clearwater, P.O. Box 4748, Clearwater, FL 33758January 28, 2009125096
Georgia:
Barrow (FEMA Docket No: B-1036)Unincorporated areas of Barrow County (08-04-5850P)January 7, 2009; January 14, 2009; The Barrow County NewsMr. Douglas H. Garrison, Chairman, Barrow County Board of Commissioners, 233 East Broad Street, Winder, GA 30680May 14, 2009130497
Gwinnett (FEMA Docket No: B-1044)Unincorporated areas of Gwinnett County (08-04-6361P)January 2, 2009; January 9, 2009; Gwinnett Daily PostThe Honorable Charles E. Bannister, Chairman, Gwinnett County Board of Commissioners, 75 Langley Drive, Lawrenceville, GA 30045May 11, 2009130322
Liberty (FEMA Docket No: B-1042)City of Flemington (08-04-4998P)January 25, 2009; February 1, 2009; Coastal CourierThe Honorable Sandra S. Martin, Mayor, City of Flemington, P.O. Box 46, Hinesville, GA 31310June 2, 2009130124
Liberty (FEMA Docket No: B-1042)City of Hinesville (08-04-4998P)January 25, 2009; February 1, 2009; Coastal CourierThe Honorable James Thomas, Mayor, City of Hinesville, 115 East Martin Luther King Jr. Drive, Hinesville, GA 31313June 2, 2009130125
Walton (FEMA Docket No: B-1052)Unincorporated areas of Walton County (08-04-1976P)April 9, 2008; April 16, 2008; Walton TribuneThe Honorable Kevin Little, Chairman, Walton County Board of Commissioners, 1269 Good Hope Road, Monroe, GA 30655August 15, 2008130185
Kansas: Pottawatomie (FEMA Docket No: B-1036)Unincorporated areas of Pottawatomie County (08-07-1722P)January 8, 2009; January 15, 2009; The Wamego TimesThe Honorable Corwin Seamans, Chairman, Pottawatomie County Commissioners, 207 North 1st Street, Westmoreland, KS 66549May 15, 2009200621
Louisiana: Catahoula (FEMA Docket No: B-1052)Unincorporated areas of Catahoula Parish (08-06-1686P)September 10, 2008; September 17, 2008; Catahoula News BoosterThe Honorable Jackie Paulk, President, Catahoula Parish, P.O. Box 258, Harrisonburg, LA 71340August 27, 2008220047
Maryland: Allegany (FEMA Docket No: B-1052)Unincorporated areas of Allegany County (08-03-1580P)January 9, 2009; January 16, 2009; Cumberland Times NewsThe Honorable James J. Stakem, President, Allegany County Board of Commissioners, 701 Kelly Road, 4th Floor, Cumberland, MD 21502January 30, 2009240001
Missouri: St. Charles (FEMA Docket No: B-1036)Unincorporated areas of St. Charles County (09-07-0032P)January 12, 2009; January 19, 2009; St. Charles County Business RecordThe Honorable Steve Ehlmann, County Executive, St. Charles County, Administration Building, 201 North 2nd Street, St. Charles, MO 63301May 19, 2009290315
North Carolina: Edgecombe (FEMA Docket No: B-1044)Town of Tarboro (08-04-1283P)February 3, 2009; February 10, 2009; The Daily SouthernerMr. Samuel W. Noble, Jr., Manager, Town of Tarboro, P.O. Box 220, 500 Main Street, Tarboro, NC 27886January 27, 2009370094
Pennsylvania: Lehigh (FEMA Docket No: B-1042)Township of Upper Macungie (08-03-1442P)February 6, 2009; February 13, 2009; The Morning CallThe Honorable Edward Earley, Chairman, Upper Macungie Township, 8330 Schantz Road, Breinigsville, PA 18031January 29, 2009421044
Start Printed Page 61566
Puerto Rico: Puerto Rico (FEMA Docket No: B-1036)Commonwealth of Puerto Rico (08-02-1455P)January 9, 2009; January 16, 2009; Puerto Rico Daily SunThe Honorable Anibal Acevedo-Vila, Governor, Commonwealth of Puerto Rico, P.O. Box 82, La Fortaleza, San Juan, PR 00901May 18, 2009720000
Rhode Island: Newport (FEMA Docket No: B-1044)Town of Portsmouth (09-01-0279P)February 20, 2009; February 27, 2009; Newport Daily NewsThe Honorable Dennis Canario, President, Portsmouth Town Council, 64 Birchwood Drive, Portsmouth, RI 02871February 9, 2009445405
South Carolina:
Jasper (FEMA Docket No: B-1048)Town 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
Jasper (FEMA Docket No: B-1048)Unincorporated 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
Tennessee:
Rutherford (FEMA Docket No: B-1036)City of Murfreesboro (08-04-3762P)January 11, 2009; January 18, 2009; The Murfreesboro PostThe Honorable Tommy Bragg, Mayor, City of Murfreesboro, 111 West Vine Street, Murfreesboro, TN 37130May 18, 2009470168
Wilson (FEMA Docket No: B-1052)City of Lebanon (08-04-4560P)October 15, 2008; October 22, 2008; The Wilson PostThe Honorable Donald W. Fox, Mayor, City of Lebanon, 200 North Castle Heights Avenue, Suite 100, Lebanon, TN 37087February 19, 2009470208
Wilson (FEMA Docket No: B-1052)City of Mount Juliet (08-04-1366P)April 11, 2008; April 18, 2008; The Wilson PostThe Honorable Linda C. Elam, Mayor, City of Mount Juliet, 2425 North Mount Juliet Road, Mount Juliet, TN 37122April 9, 2008470290
Wilson (FEMA Docket No: B-1039)City of Mount Juliet (08-04-4369P)January 9, 2009; January 16, 2009; Lebanon DemocratThe Honorable Linda C. Elam, Mayor, City of Mount Juliet, P.O. Box 256, Mount Juliet, TN 37121May 18, 2009470290
Texas:
Bexar (FEMA Docket No: B-1036)City of San Antonio (08-06-0269P)January 12, 2009; January 19, 2009; San Antonio Express NewsThe Honorable Phil Hardberger, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283May 19, 2009480045
Collin (FEMA Docket No: B-1052)City of Wylie (07-06-2304P)June 18, 2008; June 25, 2008; Wylie NewsThe Honorable John Mondy, Mayor, City of Wylie, 2000 State Highway 78 North, Wylie, TX 75098October 23, 2008480759
Dallas (FEMA Docket No: B-1036)City of Garland (08-06-0905P)January 5, 2009; January 12, 2009; Dallas Morning NewsThe Honorable Ronald E. Jones, Mayor, City of Garland, P. O. Box 469002, Garland, TX 75046May 12, 2009485471
Dallas (FEMA Docket No: B-1052)City of Sachse (07-06-2304P)June 18, 2008; June 25, 2008; Daily Commercial RecorderThe Honorable Mike Felix, Mayor, City of Sachse, 5560 State Highway 78, Sachse, TX 75048October 23, 2008480186
McLennan (FEMA Docket No: B-1036)Unincorporated areas of McLennan County (09-06-0208P)January 9, 2009; January 16, 2009; Waco Tribune-HeraldThe Honorable Jim Lewis, McLennan County Judge, P.O. Box 1728, Waco, TX 76701May 18, 2009480456
McLennan (FEMA Docket No: B-1036)City of Waco (09-06-0208P)January 9, 2009; January 16, 2009; Waco Tribune-HeraldThe Honorable Virginia Dupuy, Mayor, City of Waco, P.O. Box 2570, Waco, TX 76702May 18, 2009480461
Tarrant (FEMA Docket No: B-1036)Unincorporated areas of Tarrant County (08-06-1292P)January 9, 2009; January 16, 2009; Commercial RecorderThe Honorable B. Glen Whitley, Tarrant County Judge, 100 East Weatherford Street, Fort Worth, TX 76196May 18, 2009480582
Washington: Spokane (FEMA Docket No: B-1044)Unincorporated areas of Spokane County (08-10-0786P)February 12, 2009; February 19, 2009; Spokesman ReviewThe Honorable Todd Mielke, Chairman, Spokane County Board of Commissioners, Spokane County Courthouse, Room 300, 1116 West Broadway Avenue, Spokane, WA 99260January 30, 2009530174

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

Start Signature

Deborah S. Ingram,

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

End Signature End Supplemental Information

[FR Doc. E9-28316 Filed 11-24-09; 8:45 am]

BILLING CODE 9110-12-P