E9-6672. 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.
Arizona: Apache	Town of Eager (08-09-0712P)	October 24, 2008; October 31, 2008; White Mountain Independent	The Honorable Bill Greenwood, Town Manager, Town of Eager, P.O. Box 1300, Eager, AZ 85925	March 2, 2009	040103
Arizona: Maricopa	Town of Cave Creek (08-09-1202P)	December 18, 2008; December 25, 2008; Arizona Business Gazette	The Honorable Vincent Francia, Mayor, Town of Cave Creek, 5140 East New River Road, Cave Creek, AZ 85331	April 24, 2009	040129
Arizona: Maricopa	Unincorporated areas of Maricopa County (08-09-1202P)	December 18, 2008; December 25, 2008; Arizona Business Gazette	The Honorable Andrew W. Kunasek, Chairman, Maricopa County, Board of Supervisors, 301 West Jefferson Street, 10th Floor, Phoenix, AZ 85003	April 24, 2009	040037
Arizona: Maricopa	City of Phoenix (08-09-1412P)	December 18, 2008; December 25, 2008; Arizona Business Gazette	The Honorable Phil Gordon, Mayor, City of Phoenix, 200 West Washington Street, 11th Floor, Phoenix, AZ 85003	November 28, 2008	040051
Colorado: Douglas	Unincorporated areas of Douglas County (07-08-0979P)	December 4, 2008; December 11, 2008; Douglas County News-Press	The Honorable Melanie A. Worley, Chairperson, Douglas County, Board of County Commissioners, 100 Third Street, Castle Rock, CO 80104	April 10, 2009	080049
Colorado: El Paso	Town of Palmer Lake (07-08-0979P)	December 3, 2008; December 10, 2008; The Tribune	The Honorable John Cressman, Mayor, Town of Palmer Lake, P.O. Box 208, Palmer Lake, CO 80133	April 10, 2009	080065
Delaware: New Castle	Unincorporated areas of New Castle County (08-03-1537P)	December 18, 2008; December 25, 2008; The News Journal	The Honorable Christopher Coons, New Castle County Executive, 87 Reads Way, New Castle, DE 19720	April 17, 2009	105085
Florida: Duval	City of Jacksonville Beach (08-04-6323P)	December 26, 2008; January 2, 2009; The Beaches Leader	The Honorable Fland Sharp, Mayor, City of Jacksonville Beach, 11 North Third Street, Jacksonville Beach, FL 32250	December 22, 2008	120078
Georgia: Barrow	Unincorporated areas of Barrow County (08-04-5370P)	December 10, 2008; December 17, 2008; The Barrow County News	Mr. Douglas H. Garrison, Chairman, Barrow County, Board of Commissioners 233 East Broad Street, Winder, GA 30680	April 16, 2009	130497
Georgia: Hall	Unincorporated areas of Hall County (08-04-4322P)	December 11, 2008; December 18, 2008; Gainesville Times	Mr. Tom Oliver, Chairman, Hall County, Board of Commissioners, P.O. Box 1435, Gainesville, GA 30503	April 17, 2009	130466
Georgia: Jackson	Unincorporated areas of Jackson County (08-04-4322P)	December 10, 2008; December 17, 2008; The Jackson Herald	Ms. Pat Bell, Chairperson, Jackson County Board of Commissioners, 67 Athens Street, Jefferson, GA 30549	April 17, 2009	130345
Georgia: Jackson	Unincorporated areas of Jackson County (08-04-5370P)	December 10, 2008; December 17, 2008; The Jackson Herald	Ms. Pat Bell, Chairman, Jackson County Board of Commissioners, 67 Athens Street, Jefferson, GA 30549	April 16, 2009	130345
Idaho: Ada	Unincorporated areas of Ada County (08-10-0528P)	December 22, 2008; December 29, 2008; Idaho Statesman	The Honorable Fred Tilman, Chairman, Ada County Board of Commissioners, 200 West Front Street, Boise, ID 83702	April 28, 2009	160001
Idaho: Ada	City of Eagle (08-10-0528P)	December 22, 2008; December 29, 2008; Idaho Statesman	The Honorable Phil Brandy, Mayor, City of Eagle, P.O. Box 1520, Eagle, ID 83616	April 28, 2009	160003
Ohio: Licking	City of Newark (08-05-4680P)	December 8, 2008; December 15, 2008; The Newark Advocate	The Honorable Bob Diebold, Mayor, City of Newark, 40 West Main Street, Newark, OH 43055	April 14, 2009	390335
Pennsylvania: Chester	Township of Birmingham (08-03-1499P)	December 30, 2008; January 6, 2009; The Daily Local News	The Honorable John L. Conklin, Chairman, Birmingham Township Board of Supervisors, 1040 West Street Road, West Chester, PA 19382-8012	May 6, 2009	421474
Texas: Collin	Unincorporated areas of Collin County (08-06-1493P)	December 5, 2008; December 12, 2008; McKinney Courier-Gazette	The Honorable Keith Self, Collin County Judge, 210 South McDonald Street, Suite 626, McKinney, TX 75069	April 13, 2009	480130
Texas: Collin	City of Lowry Crossing (08-06-1493P)	December 5, 2008; December 12, 2008; McKinney Courier-Gazette	The Honorable Gary Piatt, Mayor, City of Lowry Crossings, 1405 South Bridge Farmer Rd, McKinney, TX 75069	April 13, 2009	481631
Texas: Collin	City of McKinney (08-06-1493P)	December 5, 2008; December 12, 2008; McKinney Courier-Gazette	The Honorable Bill Whitfield, Mayor, City of McKinney, 222 North Tennessee, McKinney, TX 75069	April 13, 2009	480135
Texas: Collin	City of McKinney (08-06-1994P)	December 8, 2008; December 15, 2008; McKinney Courier-Gazette	The Honorable Bill Whitfield, Mayor, City of McKinney, 222 North Tennessee, McKinney, TX 75069	April 14, 2009	480135

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

Dated: January 22, 2009.

Michael K. Buckley,

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