E9-6676. 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:
Maricopa	Unincorporated areas of Maricopa County (09-09-0381P)	January 8, 2009; January 15, 2009; Arizona Business Gazette	The Honorable Andrew W. Kunasek, Chairman, Maricopa County Board of Supervisors, 301 West Jefferson Street, 10th Floor, Phoenix, AZ 85003	May 15, 2009	040037
Maricopa	City of Tolleson (09-09-0381P)	January 8, 2009; January 15, 2009; Arizona Business Gazette	The Honorable Charles P. Hayes, Mayor, City of Tolleson, 9555 West Van Buren Street, Tolleson, AZ 85353	May 15, 2009	040055
California:
Riverside	City of La Quinta (08-09-0307P)	January 10, 2008; January 17, 2008; The Press Enterprise	The Honorable Donald Adolph, Mayor, City of La Quinta, P.O. Box 1504, La Quinta, CA 92247	December 18, 2007	060709
San Diego	City of San Diego (08-09-1767P)	January 23, 2009; January 30, 2009; San Diego Transcript	The Honorable Jerry Sanders, Mayor, City of San Diego, 202 C Street, 11th Floor, San Diego, CA 92101	June 2, 2009	060295
Colorado:
Denver	City and County of Denver (08-08-0948P)	December 17, 2008; December 24, 2008; Rocky Mountain News	The Honorable John W. Hickenlooper, Mayor, City and County of Denver, 1437 Bannock Street, Suite 350, Denver, CO 80202	December 9, 2008	080046
Indiana: Hamilton	Town of Fishers (08-05-0876P)	January 22, 2009; January 29, 2009; Noblesville Ledger	The Honorable Christine Altman, Hamilton County Board of Commissioners, One Hamilton County Square, Noblesville, IN 46060	January 13, 2009	180423
Missouri: Phelps	City of Rolla (08-07-0803P)	October 10, 2008; October 16, 2008; Rolla Daily News	The Honorable William Jenks III, Mayor, City of Rolla, P.O. Box 979, Rolla, MO 65401	February 20, 2009	290285
North Carolina: Iredell	Iredell County (Unincorporated Areas) (08-04-2756P)	January 7, 2009; January 14, 2009; Statesville Record & Landmark	Mr. Joel Mashburn, Manager, Iredell County, P.O. Box 788, Statesville, NC 28687	May 14, 2009	370313
Ohio: Montgomery	Unincorporated areas of Montgomery County (08-05-2057P)	July 23, 2008; July 30, 2008; Englewood Independent	The Honorable Deborah A. Lieberman, County Commissioner, 451 West Third Street, 11th Floor, Dayton, OH 45422	November 27, 2008	390775
Tennessee: Wilson	City of Mount Juliet (08-04-4369P)	January 9, 2009; January 16, 2009; Lebanon Democrat	The Honorable Linda C. Elam, Mayor, City of Mt. Juliet, P.O. Box 256, Mt. Juliet, TN 37121	May 18, 2009	470290
Texas:
Ellis	City of Waxahachie (08-06-1778P)	October 1, 2008; October 8, 2008; Waxahachie Daily Light	The Honorable Ron Wilkinson, Mayor, City of Waxahachie, P.O. Box 757, Waxahachie, TX 75168-0757	February 5, 2009	480211
Hays	City of Buda (07-06-1994P re-issues 0.6-06-B986P)	May 9, 2007; May 16, 2007; Hays County Free Press	The Honorable John Trube, Mayor, City of Buda, P. O. Box 1218, Buda, TX 78610	August 15, 2007	481640
Hays	Unincorporated areas of Hays County (07-06-1994P re-issues 0.6-06-B986P)	May 9, 2007; May 16, 2007; Hays County Free Press	The Honorable Jim Powers, Hays County Judge, 111 East San Antonio Street, Suite 300, San Marcos, TX 78666	August 15, 2007	480321

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

Dated: February 25, 2009.

Michael K. Buckley,

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