E9-6573. Changes in Flood Elevation Determinations

AGENCY:

Federal Emergency Management Agency, DHS.

ACTION:

Interim rule.

SUMMARY:

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.

DATES:

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.

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.

FOR FURTHER INFORMATION CONTACT:

William R. Blanton, Jr., Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, [phone].

SUPPLEMENTARY INFORMATION:

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 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.

List of Subjects in 44 CFR Part 65

• Flood insurance
• Floodplains
• Reporting and recordkeeping requirements

Accordingly, 44 CFR part 65 is amended to read as follows:

PART 65—[AMENDED]

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

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.

§ 65.4

[Amended]

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

State and county	Location and Case No.	Date and name of newspaper where notice was published	Chief executive officer of community	Effective date of modification	Community No.
Alabama:
Elmore	City of Millbrook (08-04-3794P)	December 11, 2008, December 18, 2008, The Millbrook Independent	The Honorable Al Kelley, Mayor, City of Millbrook, 5010 Brownswood Circle, Millbrook, AL 36054	April 17, 2009	010370
Montgomery	City of Montgomery (07-04-3037P)	December 11, 2008, December 18, 2008, Montgomery Advertiser	The Honorable Bobby N. Bright, Mayor, City of Montgomery, P.O. Box 1111, Montgomery, AL 36101	April 17, 2009	010174
Arizona: Coconino	City of Flagstaff (08-09-1360P)	December 15, 2008, December 22, 2008, Arizona Daily Sun	The Honorable Sara Presler, Mayor, City of Flagstaff, 211 West Aspen Avenue, Flagstaff, AZ 86001	November 28, 2008	040020
Colorado:
Garfield	Unincorporated areas of Garfield County (07-08-0852P)	August 14, 2008, August 21, 2008, Citizen Telegram	The Honorable Trési Houpt, Chairman, Garfield County Board of Commissioners, 108 Eighth Street, Glenwood Springs, CO 81601	December 19, 2008	080205
Garfield	City of Rifle (07-08-0852P)	August 14, 2008, August 21, 2008, Citizen Telegram	The Honorable John Hier, City Manager, City of Rifle, 202 Railroad Avenue, Rifle, CO 81650	December 19, 2008	085078
Florida: Collier	City of Marco Island (08-04-5939P)	December 8, 2008, December 15, 2008, Naples Daily News	The Honorable William D. Trotter, Chairman, City Council, City of Marco Island, 50 Bald Eagle Drive, Marco Island, FL 34145	April 14, 2009	120426
Georgia: Columbia	Unincorporated areas of Columbia County (08-04-4889P)	December 14, 2008, December 21, 2008, The Columbia County News Times	The Honorable Ron C. Cross, Chairman, Columbia County Board of Commissioners, P.O. Box 498, Evans, GA 30809	April 20, 2009	130059
Maryland:
Carroll and Frederick	Unincorporated areas of Carroll County (08-03-1713P)	December 15, 2008, December 22, 2008, Carroll County Times	The Honorable Julia Gouge, President, Carroll County Board of Commissioners, 225 North Center Street, Westminster, MD 21157	April 21, 2009	240015
Carroll and Frederick	Unincorporated areas of Frederick County (08-03-1713P)	December 12, 2008, December 19, 2008, Frederick News Post	The Honorable Jan Gardner, President, Frederick County Board of Commissioners, 12 East Church Street, Frederick, MD 21701	April 21, 2009	240027
Missouri:
Stoddard	City of Dexter (07-07-1785P)	February 14, 2008, February 21, 2008, Daily Statesman	The Honorable Joe E. Weber, Mayor, City of Dexter, 301 East Stoddard Street, Dexter, MO 63841	May 22, 2008	290424
Stoddard	Unincorporated areas of Stoddard County (07-07-1785P)	February 14, 2008, February 21, 2008, Daily Statesman	Mr. Greg Mathis, Presiding Commissioner, Stoddard County, P.O. Box 110, Bloomfield, MO 63825-0110	May 22, 2008	290845
New Hampshire: Cheshire	City of Keene (08-01-0182P)	February 28, 2008, March 6, 2008, The Keene Sentinel	The Honorable Philip Dale Pregent, Mayor, City of Keene, Three Washington Street, Keene, NH 03431	March 20, 2008	330023
North Carolina:
Alamance	Unincorporated areas of Alamance County (08-04-4817P)	December 10, 2008, December 17, 2008, The Times-News	Mr. David I. Smith, Manager, Alamance County, Alamance County Office Building, 124 West Elm Street, Graham, NC 27253	April 16, 2009	370001
Randolph	City of Archdale (08-04-4163P)	December 4, 2008, December 11, 2008, The Archdale Trinity-News	The Honorable Bert Lance-Stone, Mayor, City of Archdale, 307 Balfour Drive, P.O. Box 14068, Archdale, NC 27263	November 13, 2008	370273
Pennsylvania: Berks	Township of Colebrookdale (08-03-1560P)	December 11, 2008, December 18, 2008, The Boyertown Area Times	The Honorable Todd Gamler, President, Township of Colebrookdale Board of Commissioners, 765 West Philadelphia Avenue, Boyertown, PA 19512	April 17, 2009	421057
Texas:
Denton	City of Denton (08-06-2890P)	December 10, 2008, December 17, 2008, Denton Record-Chronicle	The Honorable Mark A. Burroughs, Mayor, City of Denton, 215 East McKinney Street, Denton, TX 76201	April 16, 2009	480194
Harris	Unincorporated areas of Harris County (07-06-1885P)	December 11, 2008, December 18, 2008, Houston Chronicle	The Honorable Ed Emmett, Harris County Judge, 1001 Preston Street, Suite 911, Houston, TX 77002	November 28, 2008	480287
Harris	Unincorporated areas of Harris County (08-06-1677P)	December 4, 2008, December 11, 2008, Houston Chronicle	The Honorable Ed Emmett, Harris County Judge, 1001 Preston Street, Suite 911, Houston, TX 77002	April 10, 2009	480287
Johnson	City of Burleson (08-06-3114P)	December 10, 2008, December 17, 2008, Burleson Star	The Honorable Kenneth Shetter, Mayor, City of Burleson, 141 West Renfro Street, Burleson, TX 76028	April 16, 2009	485459
Johnson	Unincorporated areas of Johnson County (08-06-1603P)	December 10, 2008, December 17, 2008, Cleburne Times-Review	The Honorable Roger Harmon, Judge, Johnson County, One North Main Street, Suite 304, Cleburne, TX 76031	December 29, 2008	480879
Johnson	Unincorporated areas of Johnson County (08-06-3114P)	December 10, 2008, December 17, 2008, Cleburne Times-Review	The Honorable Roger Harmon, Johnson County Judge, Two North Mill Street, Room 201, Cleburne, TX 76033	April 16, 2009	480879

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

Dated: January 6, 2009.

Michael K. Buckley,

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